The meeting was also attended by the Deputy Minister of Environment and Energy, Mr. Dimitris Economou, and the general secretary of Spatial Planning and Urban Environment, Mr. Efthimios Bakoyannis. After the completion of the meeting, the following statements were made:
Kostis Hatzidakis:Comprehensive and modern solution for the arbitrary!
“Today I am very satisfied, because we have reached a comprehensive and modern, I want to believe, solution for the arbitrarys. A solution which is also in line with the jurisprudence of the Council of State. A solution which at the same time finds the consent to a large extent of both TEE and POMIDA. What does this solution consist of?
First of all, there will be anextension for the settlement of arbitrary until the end of June of 2020. This extension will be the last extension for category 5, for the heavy arbitrary. From June onwards there will be no more such facility for this particular category.
Secondly, from the end of June onwards there will be a comprehensive and more permanent solution to the question of the arbitrary. What will be the characteristics of this solution? First of all, the red line of 2011 will still be there. In other words, we are talking about arbitrary acts which, based on the current laws, the 2013 law and the 2017 law, have been recognized as arbitrary and which the jurisprudence of the Council of State speaks of anyway.
Furthermore, the regularization of defaulters from June onwards will be linked to the issuance of electronic identity of the building or property. The Deputy Minister, Mr. Oikonomou, will explain to you the details of this arrangement, how this arrangement will work, which is key to the entire solution we present to you.
In addition, there will be another parameter that has to do with the money that will be paid to the State for settling the arbitrary. That is, from June 2020 onwards, anyone who has not settled their property by then, will pay 20% more money for its settlement. And for each year of further delay an additional 5% will be paid. That is, if you delay one more year, you will pay 25%, if you delay two more years, 30%, etc. We consider this arrangement to be fair and functional. Fair, because it links the amount of money paid to the speed with which an owner rushes to arrange his property. And operational, because this Ministry, at least in this specific issue, ceases to be a Ministry of extensions and becomes a Ministry of overall regulation for the arbitrary. An arrangement which isnot the result of a transaction, but the result of an agreement. It is also based on the Constitution and the jurisprudence of the Council of State. This is the basic philosophy of the regulation and I give the reason to Mr. Oikonomou to present the issue especially with the electronic identity.
Also once again I want to thank Mr. Stasinos and Mr. Paradia, Mr. Paradia and Mr. Stasinos, for the constructive spirit of cooperation they have shown, so that together we can face this issue that has been suffering on a better basis and the state and the engineers and the owners, for many years”.
Dimitris Oikonomou:
“Let me explain this dual electronic building ID a bit. For new buildings, those constructed from now on, the electronic identity will be at the building level. This is easy because there is now an overall permit, there is no practical difficulty or special cost to declare the whole building in a single way. For the older buildings again in the end we will end up with an electronic building identity, of course it will arise there as well, but with a gradual process which can be done by divided ownership. That is, anyone who has a divided property and wants to make a transfer or for some other reason is interested, to rent it or whatever, will be able to create an electronic identity exclusively for his divided property . Little by little the rest of the divided properties will be added and in the end we will again have the total property. The first person who wants to make such an electronic identity of divided property should declare the percentage that corresponds to him in millimeters of the common users and if there are irregularities in the shared properties, he should also declare the shared properties, that is, to have relevant plans. If there are arbitrariness, there is no such obligation. This will be the subject of a statement. If one deliberately does not declare it, he will find it in front of him later.
Another item that has been much discussed, what supporting documents are required. In both cases, the same supporting documents will be required. Anexception is made to static adequacy, in the case of divided ownership, for a period of five years. However, the obligation to declare a vulnerability statement remains. If the vulnerability statement says there’s a static problem or whatever, obviously anyone who wants to can move on to the next stage right away. But it will not be mandatory in the first place, because it is a heavy process and in many cases it is not really necessary from the beginning.
Another important thing is that the checks on arbitrary declarations in the 5% that have not been activated, provided by the current legislation, will be activated very quickly. It will be done by private building inspectors and obviously in the event that irregularities are detected there will be serious sanctions which you will learn in detail.
So what is key to the whole approach is not reproducing the arbitrary problem from now on. Enabling these checks along with electronic identity certainly gives us the mechanisms to check that we won’t have arbitrariness going forward. Or if we have from some, there will be severe sanctions and they can be dealt with”.
Giorgos Stasinos:
“It’s important, and you know it was our request, to go a step further and not have the engineers have a role of dispatcher, collecting some data for arbitrary declarations, required for real estate transfers. Thus, with the good cooperation we had with the Ministry, with the minister, the deputy minister and the general secretaries and with POMIDA we went one step further.
In June the building ID and property IDwill be valid and will slowly be completed and lead to the entire building. It is important that the plans, how the buildings and apartments have been constructed, will be available on an electronic platform for the owners as well. This way we will have absolute data on the building wealth of the country, which was also important to make the corresponding design.
In parallel, with the system that will check 5% of the statements sampled and in parallel with the electronic complaint system, which anyone will be able to report someone who is building today arbitrary and a building inspector will go to check it and he will have heavy fines too, I think with the red line of 7/28/2011, we are solving a very important issue that existed in our country and everyone thought they could build arbitrarily and not is punished.
The combination of all these measureswill lead us that every citizen does not want and does not even have someone’s mind to build arbitrarily, because it will cost him very dearly and there will not be a single chance of not being caught.
We are going to a very important regulation that was also provided for in the previous laws. As TEE, we are ready to implement it. The online platform may need some minor changes. So from June 30th we will be able to support this platform process and thus solve a huge problem that existed until today, not only the TEE, the State, the owners but also in cooperation with the CoE and those that predicted until today. It is a very important step because only in this way can we change our mentality. Let everyone know that he cannot build arbitrarily and that it will be demolished for him at some point and that in this regard initiatives should be taken when he builds it arbitrarily, and the penalties will be severe and that there will be a normality in the country where everyone will be equal before the laws“.
Paradias Army:
«Under the new arrangement, a building identity will be acquired by any building that is transferred in its entirety as well as any building that the majority of its owners choose to acquire an identity for the entire building instead of to pay an engineer for one – one property at a time. It will be a useful measure for society and we hope that no burden will arise for property owners”.
POMIDA’S PROPOSAL FOR “BUILDING IDENTITY”
Here is the full text of the proposal of POMIDA to the TEE and the Ministry of the Interior on the issue of Building Identity.
GENERAL: The issuance of a building “identity” conceptually refers self-evidently in the recording of the basic urban planning and information elements of each building. Therefore, issuing a building identity card is meant only for entire buildings and not for individual parts of them, such as e.g. for an apartment, office, shop, parking space, etc. Issuing a “building identity” even for studios, small offices, underground warehouses, etc. is a sham process of so-called “identification” of scattered properties, which for those involved with its issuance it will be a productive reason for “employment” and continuous collection of fees, but for the owners it will be a source of constant bureaucratic hassle and financial bleeding, with absolutely no utility and without absolutely any social benefit or utility. So if we want the application of “building identity” let’s literally, and properly delineate its application so that it meets logic and social interest.
A. That is why we propose to define that “building identity” will be issued compulsorily to the following categories of ENTIRE buildings and with the following time determinations:
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BUILDING CATEGORY |
ID ISSUANCE TIME |
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1. |
On all NEW BUILDINGS of every kind |
On their completion |
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2. |
In COMPLETELY RENOVATED WHOLE buildings |
During the completion of their renovation, or change of use |
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3. |
In the TRANSFERRED ENTIRE BUILDINGS |
By any way of transferring them (sale, distribution, parental provision, donation, acceptance of inheritance). |
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4. |
In ALL BUILDINGS BELONGING TO THE STATE, the OTAs. and the NPDD |
Within five (5) years from the date of validity of the identity card |
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5. |
In all PRIVATE BUILDINGS occupied ENTIRELY by the uses included in Category I of article 55 of Law 4495/2017 |
Within five (5) years from the date of validity of the identity card |
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6. |
In MULTI-OWNED BUILDINGS (apartment buildings, office buildings, shops, etc.) |
When co-owners who have 501 votes in the G.S. decide to issue an identity card for the ENTIRE building. |
B. From the building identification documents (article 54):
b) The plans accompanying the building permit, to be included only if available in urban planning. If they do not exist, include the floor plans that accompany the notarial deed of horizontal ownership of the building, or include a certificate from the town planner that they do not exist in its file. In any case to exclude the indirect and costly obligation to reconstitute the building’s urban planning file.
f) The floor plans, which depict the building in its actual state when this does not emerge from the elements of cases a, b and e: It is unacceptable and costly to require plans to depict the internal layout of the buildings, something that is not required today.
C. With regard to individual properties any type of existing buildings (apartments, offices, shops, parking spaces, underground warehouses, etc.) the process of issuing an engineer’s certificate will continue to apply,with which the basic urban planning parameters (coverage – building – height) of each property will continue to be controlled and an energy certificate will be issued.
D. Legalization of arbitrary constructions. After an initial extension of the current legal framework until 30.6.2020, in order to make the required preparation, the process of legalizing arbitrary constructions will be able to continue both through the whole building “identity” process and through the engineer certification process for individual properties, either without a time limit, or with an initial horizon of 3 years and with gradually increasing fines over time. If this possibility disappears, there will be an extensive impossibility of drawing up any transfer contract, since in all the properties there are minor deviations that do not allow the issuance of an engineer’s certificate. To encourage the process of settlement of arbitrary, we propose two much needed changes to the current ones:
–The basic fine per sq. m. to be calculated with a coefficient of 0.10, instead of 0.15 on the zone value of each area. This is necessary because of the imminent massive increase in property values, but also because of the opportunity to participate in the process for those who cannot afford the amount of the fine, especially if they have a lot of square meters to legalize.
– Whatever is legalized, can be transferred! Today, the following paradox occurs in apartment buildings: Many apartment owners legalize various minor violations of their properties in common areas, which have been committed decades ago, since their construction, but they are unable to pass them on even to their children because there is no notarial consent of the others co-owners. In order to solve this very serious social issue, we also adopt the following proposal of the Notarial Association which is as follows:
REASONABLE STATEMENT
With this provision, an attempt is made to resolve a chronic problem that is often observed in apartment buildings in which an arbitrary construction has been carried out or an arbitrary change of use has been made in a shared or jointly owned space of the building, many times without the knowledge of the current ownerand yet at least a decade has passed without this arbitrariness being recorded by the competent urban planning authority and without any legal dispute between the co-owners of the building.
In the above cases, the passage of time beyond a decade creates a reasonable belief in its owners that this construction has been implicitly accepted by the others co-owners of the building, therefore their consent is presumed for the amendment of the deed establishing horizontal or vertical ownership.
This provision will give a way out to the co-owners of buildings, whose Properties due to the restrictive provisions of Law 3741/1929 and Law no. 1024/1971 in force today, they have been put in place “except for transaction”, since they are regulating the arbitrariness of their property, paying the required fines, but they cannot transfer them, that is to say, they are created “BLACK”. Transaction, especially at a time when the country is trying to recover from the great financial crisis. That the convenience of transactions results in the increase in private market revenue from real estate market, but also the collection of taxes and other fees to the Greek State. “> It is also noted that this regulation does not interfere with the co -ownership of the soil, does not alter the co -ownership rates of co -owners, nor does it violate their rights, which by law cannot be changed by unilateral amendment of a horizontal or pre -ownership. /P>
Finally the proposed arrangement of the environment or other related provisions.
SUGGESTED (Amendment of Law 4495/2017)
Article 98
Article 98 paragraph 7 is amended as follows :.
“7. After submission to the arrangements hereof and if both conditions with elements A and b of paragraph 5 are cumulative, or if the arbitrary expansion of horizontal or vertical ownership and buildings in a row constituted horizontal or vertical properties located within plots, Departments of land or parcels is existing by the construction – construction of the building and takes place within a legal volume of the building or at underground level (legal or not) the owner has the right to unilaterally a notarial act of modifying the establishment act or performers. subject to the provisions of this space in the horizontal or vertical ownership of it. In this case, the consent of all co-owners is presumed. the floors and are not from construction. of paragraph 5, is the expiry of a decade from the commission of arbitrariness to the publication of this Law and provided that no irrevocable judicial decision has been issued to order demolition. ” Text-Align: Justify; “> After paragraph 7 it is added paragraph 7b as follows: > ‘7b The owner of horizontal ownership has the right to unilaterally carry out a notarial deed of modifying the horizontal ownership act and in the event that, after being subject to his property to the provisions of the present for any In the cases referred to in the preceding paragraph, its area is changed, or its horizontal properties are separated, without affecting communal and common areas. And in this case the agreement of all co-owners is presumed. “
