Government Gazette (GG) on approval of diversions in building permits & arbitration regulations

The decision of Ministry of Environment and Energy was officialized through publication of Government Gazette, regarding the definition of the procedure, documentation and document of transmission for the approval of diversions from the existing terms and limitations of construction areas.

It is noted that, pursuant to L. 4495/2017 and more specifically article 40, the documentation for the granting of building permits includes the approvals of other services and administrative bodies as well, where necessary.

In detail, as mentioned by the aforementioned law:

5. For the approval of diversions from the existing terms and restrictions in building of areas, where predicted, the necessary, case-by-case, information and documentation are submitted to the competent Building Service. The Building Service, after reviewing these documents, forwards them to the competent service for the granting of the diversion within twenty (20) days.

Additionally, regarding the arbitraries, the law mentions the following:

6. The post-hoc approval of diversion granting for the issuance of permit for arbitrary constructions and installments regulation is allowed, provided that, at the time of the request’s submission, the conditions are fulfilled. In any case, the administration is not committed to the post-hoc granting of the diversion, especially if it is not justified sufficiently.

Regarding both of the aforementioned, L. 4495/2017 defines the following:

7. Following a decision by the Minister of Environment and Energy, for the implementation of paragraphs 5 and 6, the specific procedural issues, documentation and transmission document may be defined in a more specified way.

Consequently, the Deputy Minister of Ministry of Environment and Energy Mr. Oikonomou decided the definition of the procedure, documentation and transmission document for the approval of diversions from the existing terms and restrictions of building areas and this decision was officialized today with the publication of the GG.

The decision includes the following:

Article 1
Diversions approval Procedure
Following the present decision, the procedure followed for the approval of diversions from the existing terms and restrictions of construction of areas is defined, which, according to par. 1b article 40 L. 4495/17, are submitted in the electronic system of building permit issuance for the completeness of the folder of building permit application, and are taken into consideration during the review of the compliance with the current provisions.

The application for the granting of diversion approval is submitted, according to par. 5 article 40 of L. 4495/17 (167 A’) to the competent Building Service with attached folder including all the necessary case-by-case particulars and documentation of article 2 of the present.

The Building Service, after reviewing the completeness of the above documentation folder, proceeds to the review of the topographic diagram and the diagram of coverage, ascertaining the compliance with urban planning provisions in the building, except for the sections needing a diversion, as well as the required diversions from the existing building terms and restrictions of the area.

Following the validation of topographic plan, regarding the existing building terms, a document of request transmission towards the competent service is drafted, according to the model document of the annex of the present, to which the folder of documentation and particulars is attached.

The competent service examines the diversion request, taking into consideration all the elements of the folder and proposes positively or negatively to the current advisory collective body. Following the proposal by the collective body, the competent service drafts a decision for the granting of the diversion, which is signed by the current decisive body (Minister, Coordinator of Decentralized Administration etc).

The diversion’s approval, after its granting, is submitted to the electronic system of permits issuance of Ministry of Environment and Energy (e-adeies) in order to be taken into consideration at the issuance of the building permit. It is noted that the approval of diversion from the existing building terms and restrictions is granted individually to the interested party for specific functional-building reasons, the necessity of which is validated competently. Therefore, any amendment of the parameters taken into consideration at the review of its granting (for example the change of building’s use, change of owner or activity, building addition) results to the need of its re-examination, for its preservation or not, following the procedure defined by the present Decision.

Article 2
Particulars and Documentation for the approval of diversions
For the erection of buildings at derogation of the existing provisions and terms and building restrictions of areas, the following particulars-documentation are submitted to the competent Building Service (ΥΔΟΜ):

• Application of the owner or any individual with legal right
• Topographic diagram of plot or court according to the current specifications
• Architectural study (floor plans, facades, sectors).
• Ownership titles, recent ownership certificate or cadastral sheet and excerpt of cadastral diagram for each property
• Proof of legality of any existing buildings
• Approval by other services and administrative bodies, where necessary, such as forestry, archeologic departments, approval of circulative connection, foundation permit, pre-approval of positioning, approval of environmental terms, approval of height due to neighboring with airport or with high electricity power lines etc.
• Technical report by the inspector engineer which provides full depiction of the installation in terms of construction and operation and justifies the necessity of area and volume by the proposed constructions and diversions.
• Advisement by the competent body regarding the necessity of the diversion, accompanied by validated sequence of the architectural study.
• Determination of the coast and beach line in case the courts are not coastal.
• Photographs of the surrounding space and the existing buildings
• Additionally, any other potentially necessary special documentation is submitted, as long as it is predicted by special provision regarding granting a diversion, or as long as it’s considered necessary for the better justification of the matter.

Article 3
Extent of application – Validity
1. The application of the above is necessary for the competent services, as well as the competent collective bodies.
2. The validity of the present initiates from the date of publication to the Government Gazzette.

DEPUTY MINISTER OF ENVIRONMENT AND ENERGY
DEMETRIOS OIKONOMOY

Source: https://www.b2green.gr

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