Can you tell me more about the legal frame for arbitrary building that exists today?
The advantage of the new legislation is that there is only a one-off charge, not an annual fee, and costs are far less than before. It also means that connection to mains electricity and water is then possible for previously illegal builds.
Take note and act before the deadline, as more and more, inspectors from town planning offices are going to be checking and imposing fines on anyone not declaring their illegally converted areas. It has even become evident that the Land Registry and Ministry of Agriculture are using aerial photographs to identify Greek properties illegally constructed, or with illegal additions and alterations!
The amount of the fine will be calculated according to the size of the area in question, whether the home complies with zoning regulations, the value of property in the area and whether the house is the owner’s main residence.
Another point to be aware of and that is as of January 2012, one cannot sell, buy, rent or mortgage a property without a certificate of legality issued by certified engineers. Also, properties that are not legalised can now only be transferred to, or inherited by, one family generation. After that, if still not legalised, they can be claimed by the Greek state.
Should I pay the fine and legalize my property or leave it for the next generations?
The first option is: Pay the fine and legalize your property. Pretty much straightforward and peace of mind.
The second option, which is one that we strongly don’t recommend, is ignoring this deadline and hope that your illegal builds are not identified by the authorities. Of course, when it comes to any official deed, then you have a major problem, as you can not sell, build, make other investments in your property as long as the illegalities exist.
time = money
big discounts till 8th October 2018
What can NOT be legalized?
There are, of course, still a number of alterations to plan or illegalities that are not allowable under the new dispensation. These include:
• buildings or structures built on public municipal or state property;
• buildings on or too close to public roads;
• buildings on forestry land, on beaches or too close to the sea shore;
• buildings within protected areas, such as archaeological sites and protected national parks
What are the steps to legalize my building?
The first step of legalizing is to find an engineer who is capable of undertaking the whole process.The engineer will ask for all the plans and documentation of the property (building permit plans and studies,contract, cadaster documents etc.) from where will be taken all the necessary information for the property.
The next step for the engineer is to visit the property and measure the legal and illegal structures in order to complete the survey for the property.
After everything is measured, the engineer submits to an online system all the necessary information of the property and the arbitrary structures and the system calculates the total fine that has to be paid by the owner in order to legalize.
The final step is the one that the owner pays the fine after the issuance of the payment orders by the engineer and the engineer uploads in parallel all the necessary plans and documents required to submit to the law.After the fine is paid, the system issues the legalization certificate that can be officially used for example at a selling contract.
Greece & Arbitrary Building
There are many buildings in Greece or parts of buildings that were not constructed according to the building construction permit. This is the case especially in remote areas, islands and small villages. Corfu island unfortunately is not an exception.
The usual handling for these buildings or parts of them was the demolition, however due to the sheer amount of irregularities that took place the last 30 years, the Greek government decided to give a chance to the owners of such buildings to come forward and state the excess construction to the building authorities, pay an appropriate fine, keep the building and excluding from demolition.
The last attempt started on 2011, when it was announced that a new law (4014/2011) would finally end the illegal structures by giving some motivations to the property owners and by obligating them to legalize in case they wanted to sell or do any official deed for the property.
Nowadays the current law which defines the frame for illegal structures is law 4495/2017.
My property – building hasn't got any illegalities
Unfortunately all the buildings that were built in the previous years – and I mean all!!- have some type of arbitrary building. Either it is a room that is bigger than it was planed, or a roofed terrace converted into living space, it is 100% sure that some kind of illegality exists.
That's how we built in Greece in past years!!
That's why you should contact with us to survey your property and define all the illegalities.
What exactly can be legalized?
The list is extensive, but here are a few examples:
new buildings or extensions to existing buildings that were built without a building permit;
buildings that were built bigger than specified on the authorized building plans;
buildings erected at a different location specified on the building permit or at a differing distance from the property boundary;
swimming pools installed without a permit;
balconies or roofed terraces converted into living spaces;
basements and garages converted into rooms;
loft conversions not on the original plans.
Arbitrary pergolas, barbecues, storage spaces,covered garages, swimming pools,exterior covered spaces.
Storage spaces converted to main living spaces.
And generally almost all kinds of structures that can be built in a property…
The latest legal frame for Illegal Building (Law 4495/2017) in a few words?
The new legislation regards illegal buildings that were constructed before 28.7.2011. The time of their construction is proved by aero- photography, tax documents or documents from other public authorities.
According to the new legislation, there are two separate categories of the the illegal buildings according to the age of the building and three separate categories according to the type of illegality.
As regards the time of construction: The illegal homes that were completed before 9.6.1975, are definitively excluded from demolition by the payment of a fee of € 250. The illegal constructions that were erected from 10.06.1975 until 30.01.1983 are definitively excluded from the demolition by payment of a fee and the payment of 15% of the fine.
As regards the type of illegality : The small building illegalities (such as the construction of a pergola, bbq, warehouse up to 15 sq.m.) are definitively excluded from demolition by the payment of a fee of € 250 (if there are more than one on the same property, a separate fine is not paid).
For the medium building illegalities (exceeded up to 40% of the legal building and coverage percentage and up to 20% of the legal height) , the regular fee and fine are paid and they are definitively excluded from demolition when they are regarded as belonging to the identity of the building (provided and if this proceeds).
While for the large building illegalities a fee and a fine are paid in exchange for a "suspension" of 30 years and possibility of permanent exclusion from demolition through purchase of a building percentage rate.
The regulation will be valid for two year from its publication. If the application is submitted within the first six months (till 8th October 2018), then the fine can be halved and be paid off within 10 years, if it is submitted within the second period of six months (till 10th Μay 2019) a discount of 40% can be applied. The minimum monthly payment is € 50,00.
Please feel free to contact us for further details and for a free estimation of the cost and the fines to legalize the illegal parts of your building.
ΒΑΣΙΛΕΙΑΔΗΣ ΙΩΑΝΝΗΣ ΚΕΡΚΥΡΑ ΣΙΔΑΡΙ ΠΟΛΙΤΙΚΟΣ ΜΗΧΑΝΙΚΟΣ ΕΝΕΡΓΕΙΑΚΟΣ ΕΠΙΘΕΩΡΗΤΗΣ ΤΟΠΟΓΡΑΦΙΚΑ ΑΔΕΙΕΣ ΕΝΕΡΓΕΙΑΚΑ ΠΙΣΤΟΠΟΙΗΤΙΚΑ ΜΕΛΕΤΕΣ ΕΞΟΙΚΟΝΟΜΩ ΤΑΚΤΟΠΟΙΗΣΗ ΡΥΘΜΙΣΗ ΑΥΘΑΙΡΕΤΩΝ
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