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Alert! Council of State Issues Ruling on New Building Regulations and Constitutional Compliance

Greece
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Pursuant to an announcement issued today by the President (Judge) of the Council of State, the Court (in Plenary Session) has ruled that articles 10, 15§8, 19§2 and 25 of the New Building Regulations (“ΝΟΚ”) are not consistent with article 24 §§1 and 2 of the Constitution.

Further, the Court ruled that not counting towards the building factor (a) the mezzanines/lofts (in Greek, “pataria”) pursuant to article 11§6 οf NOK and (b) an area of main use of 35 sq.m. on the top floor (loft) of the building, as well as treating a swimming pool as a planted area (article 19§2 of NOK), are all provisions that contravene the Constitution.

The silver lining: This does not apply to building permits already issued, under the condition that the constructions works have commenced.

By Helen Alexiou, Managing Partner, AKL Law Firm