POMIDA TO THE MINISTER: EXTENSION OF THE DEADLINE FOR THE SUBMISSION OF REQUESTS FOR THE REFORM OF FOREST MAPS UNTIL SEPTEMBER 30, 2020!

SEE HERE THE INVITATIONS OF ALL FORESTRY DIRECTORATES IN THE COUNTRY!

THE LETTER WITH THE REQUEST. After observing that the regulation for the reformation of forest maps is finally a recognition of the self-evident, that when drawing up forest maps the State cannot ignore its own previous legal acts, POMIDA asked the Ministry of Foreign Affairs to take into account that the monthly suffocating deadline that is foreseen expires from 20 to 28.8.2020, as the case may be, i.e. during the summer holidays, with the country’s urban planning offices closed and with it impossible to find a specialized engineer -surveyor-forester who will submit the relevant application and the required supporting documents.

Therefore, the letter states, “because it is unfair to lose legally acquired properties due to a deadline that is de facto impossible to meet, we ask you by your decision to uniformly extend all these deadlines until September 30, 2020, so that all concerned citizens and competent technicians know when this deadline will expire!”.

The full text of the letter reads as follows:

To the Minister of Environment and Energy Mr Kostis Hatzidakis

& the Deputy Minister of Environment Mr. Nikos Tagaras

Therefore

REQUEST: Extension of the deadline for the submission of forest map revision requests until September 30, 2020.

Athens, 11.8.2020

Dear Minister, Deputy Minister

With paragraph 10 of article 48 of Law 4685/2020 and in application of article 6 of the YA. 64663/2956/03.07.2020, the Forest Departments of the country’s Decentralized Administrations invited property owners throughout the country to submit within one month the supporting documents by which their off-plan properties are exempted from forest legislation due to administrative reasons acts of the State itself, such as inclusion in town planning plans, pre-existing legal building permits for the construction of houses or the establishment and operation of any kind of business (industrial, touristic, etc.), concessions of lots, sanctioning distributions and reclamations, decisions to grant land for agricultural exploitation, etc.

After thanking you warmly for finally legislating the self-evident, that when drawing up forest maps the State cannot ignore its own previous legal acts , we ask you to take into account that the monthly deadline provided for by the above decision and all the above invitations expires from 20 to 28.8.2020, as the case may be, i.e. during the summer holidays . Therefore, it is impossible to receive any certificate from any urban planning office in the country, or to find a specialized engineer-surveyor-forester who will complete the relevant application and find, compile and submit the required supporting documents!   

As it is unjust to lose lawfully acquired property because of a deadline that is in fact impossible to meet, we beg you by your decision to uniformly extend all of them the deadlines until September 30, 2020,so that all concerned citizens and relevant technicians know when this deadline will expire!

For the POMIDA Board of Directors

What does the relevant Ministerial Decision No. YPEN/DPD/64663/2956 of the minister Mr. K. Hatzidakis:

Article 1. List of administrative acts of case g of paragraph 6 of the article 3 of Law 998/1979, as applicable.

In application of the provision of paragraph 10 of Article 48 of Law 4685/2020, administrative acts taken into account for the implementation of the provision of case g of paragraph 6 of article 3 of Law 998/1979 are, in particular, the following:

1. Approved street plans of the city, implementing acts, approved urban planning studies.
2. Decisions to classify a settlement as pre-existing in the year 1923, acts of the Administration regarding the classification of a settlement as pre-existing in the year 1923, decisions to characterize a settlement with up to 2,000 inhabitants, in particular in accordance with the provisions of presidential decrees of 21.11/1.12.1979 (D’ 693), of 2.3/13.1981 (D’ 138) or of 24.4/3.5.1985 (D’ 181).
3. Presidential decrees of article 14 of Law 947/1979 (A’ 169).
4. Demarcation acts as well as urban planning – zoning acts and the IPE, BIPA, BIOPA, Technopolises and other forms of Industrial and Business Areas (BEPE), organized according to with the provisions of Law 2545/1997 (A’ 254) as well as Business Parks of paragraph 1 paragraphs a’, b’, c’, d’, e’ of article 41 of Law 3982/2011 (A’ 143) .
5. Valid installation and operating permits, building permits or other permits or administrative acts covered by the presumption of legality for industrial or craft facilities included in residential control zones of article 29 of Law 1337/1983 (A ‘ 33), accompanied by certificates or other documents of an informative nature from the competent Forester or the Director of Forests, that the properties of the above facilities do not fall within a forest or forest area.

Article 2 List of administrative acts of paragraph 7 of article 3 of Law 998/1979, as applicable.

A. In application of the provision of paragraph 10 of article 48 of Law 4685/2020, administrative acts taken into account for the implementation of the provision of paragraph 7 of Article 3 of Law 998/1979 are, in particular, the following: 1. Decisions of Expropriation Committees for all the lands seized (granted lots, lands exempted in favor of owners, properties exempted in their entirety in favor of owners, as well as available and communal lands), which yielded agricultural, agricultural, livestock or mixed (agricultural) use.

2. Allotments of agricultural lots issued pursuant to the agricultural legislation.
3. Decisions sanctioning distributions and reassignments for all the lands mentioned in the relevant cadastral diagrams, which bear a distinct plot number and they were assigned agricultural, livestock or mixed (agricultural) use.
4. Decisions of the Minister of Agriculture or Prefect, issued pursuant to article 2 of the legislative decree dated 3.9.1924 which was sanctioned by article n only 3250/1924 (A’ 324), by which licenses were granted for the division – purchase and sale of agricultural lands with agricultural, agricultural or livestock or mixed (agricultural) use. the provisions of the Agricultural Code.
5. Permits of the Minister of Agriculture for the conclusion of agreements for the voluntary transfer of arable land to landless cultivators or the sanctioning of those already concluded in accordance with the Agricultural Code.
6. Decisions of Expropriation Committees on concessions agricultural public estates (Imliakia), orchard estates, purchased plantings and planting lands of Crete.
7. Decisions to dispose of properties purchased by the State under special laws.
8. Special Agricultural Registers (Viticultural and Olive-growing register ), which include lands, which are occupied by acts of the Administration, with reference to them. 10. Administrative acts referring to land expropriations and transfers for the purpose of industrial or touristic development or permits for the establishment of productive industrial units or touristic units and their related operating permits, regardless of the body by which they were issued.

B. In order to take into account – in application of paragraph 10 of article 48 of law 4685/2020 – the administrative acts of the fifth paragraph of paragraph 7 of article 3 of law 998/1979, as applicable (building permits before 1975), are presented by the interested parties to the competent Forestry Service, within a period of thirty (30) days from the issuance of the relevant invitation in accordance with the provisions of article 6 hereof, the following evidence:

1. Copy of the building permit.
2. Certification from the relevant Building Service or a responsible statement by a competent engineer that the building in question or part thereof has been constructed pursuant to a permit that has not been revoked or cancelled.
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4. Map of the necessary surface for the application of the specific building permit by a private engineer on a dependent topographical diagram in the projection system EGSA ’87, with an additional certificate for the limits of adequacy that were in force at the time of the issuance of the said building permit, based on of the considered topographical diagram that accompanies it. The presentation of the above data is not required, if the interested party has already submitted his objections against the posted forest map, with the aim of excluding the area in question from the forest map for the above reason (i.e. as absolutely necessary for the application of a building permit before 1975, which has not been revoked or annulled).

C. To take into account – in application of paragraph 10 of article 48 of law 4685/2020 – the administrative acts of the fifth paragraph of paragraph 7. of article 3 of law 998/1979, as applicable (building permits issued before the entry into force of Law 4030/2011), the interested parties shall submit to the competent Forest Service, within a period of thirty (30) days from the issuance of the relevant invitation in accordance with the provisions of article 6 hereof, the following evidence:

1. Copy of the building permit.
2. Certification from the concerned Building Service or responsible statement from a competent engineer that the permit in question has not been revoked or canceled even if not has been implemented. 3. Certification from the relevant Building Service or a responsible statement from a competent engineer for the limits of adequacy that were in force at the time of the issuance of the building permit in question, based on the considered topographical diagram that accompanies it.
3. Map of the necessary surface for the application of the specific building permit by a private engineer to a dependent topographical diagram in the projection system EGSA ’87, according to the above. The presentation of the above data is not required, if the interested party has already submitted his objections against the posted forest map, with the aim of excluding the area in question from the forest map for the above reason (i.e. as absolutely necessary for the application of a building permit before the entry into force of Law 4030/2011, which has not been revoked or annulled, even if it has not been implemented).