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Legalisation of unapproved buildings

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Our team at Geotopo Engineers comprises highly skilled engineers with extensive experience in all aspects of urban planning. We handle the entire process of legalizing your property, utilizing high-quality and precise surveys to ensure accuracy and compliance with all relevant regulations.

After completing all the plans required, we deliver them to you along with a confirmation document certifying the completion of the plans. You are also given a full description of all the informal settlements together with the required Certificate of Lawful Use or Development. In our office, we retain a full and detailed record of the plans and documents delivered to you, which are available any time they are needed.

Any legal transactions that include unapproved settlements or unapproved change of use are prohibited.

Property conveyance, or any other legal transactions, are prohibited if they concern unapproved constructions, as per law 4178/2013. Unapproved constructions are excluded by the above law if:

  • They were constructed before 30.11.1955.
  • They are excluded from demolition, according to law 720/1977.
  • They are excluded from demolition , according to laws 1337/1983and 1512/1985.
  • They are suspended from demolition, according to law 1337/1983, if applicable and not rejected by the authorised commission representative
  • They are excluded from demolition, according to law 3399/2005.
  • The renovation process is completed, according to laws 3775/2009 and 3843/2010.
  • The process of paying the fines is completed or completed by 30% of the whole sum or the whole sum of the administrative charge according to law 4178/13 and 4014/2011.

Prohibited Legalisation

Only unapproved constructions constructed before the 28th of July 2011 are allowed to be legalised according to the new law. Unapproved constructions are excluded from the law 4178/2013 if they are located:

  • In an approved common area. In case of a public part of the city that the Expropriation Act is not yet made, the construction can be legalised. However, no compensation is given if the Expropriation Act is applied at a later date
  • In publicly licensed spaces described in §58, 2nd article, law 4067/2012 (A’ 79).
  • Inside a stairway that existed during the informal construction.
  • Within 50% of the safe distance between any kind of road and the building plot: except for buildings that have been built according to building permits surveys, or buildings included in §7, 17th article, law 4067/2012 (A’ 79) except for the fourth case.
  • In a public domain.
  • In a forest, in a woodland or in an area under reforestation.
  • In a foreshore area as it is currently, or as it was historically as mentioned in the laws, except for buildings that have been built legally and before the determination of the foreshore. However, no compensation is given if the Expropriation Act is applied at a later date
  • In a beach area: except for the cases that the unapproved structures pre-exist the Expropriation Act. However, no compensation is given if the Expropriation Act is applied at a later date
  • In the archaeological zone A: except for legal structures built before the area is characterized as archaeological.
  • In an archaeological area outside of zone A: except for legal structures built before the area is characterized as archaeological.
  • In an historical settlement, historically classified settlement or in an area of outstanding natural beauty: except for cases in which during the construction there were no prohibitions.
  • In traditional settlements or in any traditional part of the city.
  • In a stream or in a critical coastal zone: as stated in the articles 10 and 12 §8a of law 3937/2011 (A’ 60), or in a protected zone as mentioned in the article 19 of law 1650/1986 (A’ 60), as applicable after being replaced by the article 5 of law 3937/2011 (A’ 60), that prohibits any kind of construction or use.
  • In a listed building or in a monument or in a new monument, as applicable by law 3028/2000 (A’ 153).
  • In a condemned building that cannot be renovated according to the law.
  • Outside the urban plan or outside the settlement boundary if the highest point of the informal settlement exceeds the ridge line. Exceptions are applicable for buildings built before 31.12.2003 (when law 3212/2003 (A’ 308) was published).
  • Outside the urban plan or outside the settlement boundary, within twenty (20) meters of a high voltage (over 150kW) pipeline.

In order to verify the year of the unapproved developments, aerial photographs must be submitted to the Ministry of Environment, Energy & Climate Change. The constructions must have been completed by the 28th of July 2011. Geotopo offers aerial photographic and satellite image interpretation & photogrammetric analysis, including a full technical report, both for individuals and for other engineers. We use high quality digital photogrammetric systems and we are available to present the results, should you require. For more information click here.

Categories of informal developments and their use

This category includes unapproved developments in constructions that are exclusively purposed for houses, existing before the year 1975, subject to §2, article 7 of law 4178/2013. Unapproved developments completed by 9.6.1975 can be legalised if the amount of 500 euro is paid (as an administrative charge).

Documents 1 – 5 and 7 as well as the building survey plans are required. These would then make the entire building subject to the law. In case of divided properties the required documents’ submission is compulsory for each divided property.

Supporting Documents:

  1. Application Form
  2. Statutory declaration according to law 1599/1986
  3. Most recent E9 tax return
  4. Technical report completed by an engineer
  5. Photographs
  6. Floor plans
  7. Public documents or aerial photographs confirming the year of the unapproved settlements’ completion and the relevant use

Unapproved settlements existing before 1.1.1983 belong to this category. They are subject to law 4178/2013 and are excluded from demolition as long as the administrative charge and the whole amount of the fine is paid. In order for the process to be completed, documents 1 – 5, 7, 10 and 11 (law 4178/2013 article 11) must be submitted, along with the floor plans. No further documents or plans are required. If there is an unapproved change of use and/or unapproved developments in the same building after 1983, the legalisation cannot be completed.

Supporting Documents:

  1. Application form
  2. Statutory declaration according to the 1599/1986 law
  3. Most recent E9 tax return
  4. Technical report completed by an engineer
  5. Photographs
  6. Floor plans
  7. Public documents or aerial photographs confirming the year of the informal settlement's completion and its use
  8. Administrative charge
  9. Form including comprehensive calculation of the fine

This category relates to small infringements. The following infringements (regardless of the amount) are subject to law 4178/2013 and are completely excluded from demolition, as long as the administrative fee of 500 euro is paid. No further action is required in your part.

  • Constructions in your land such as barbecues, fountains and other decorative constructions
  • Reducing the amount of the obligatory planting in your land by 5%
  • Insulation of your building from the outside
  • Increase of the balcony area up to 10%. Balconies constructed over Council land and public footpaths are included in this category and excluded from demolition
  • Dimensional changes in windows and doors up to 10% and/or relocation up to 2 meters
  • Construction or a pergola according to law 4067/2012 (A’ 79)
  • Planting in a parking area
  • Construction of a water tank and/or sewerage system
  • Water pumps or any other kind of pumps or constructions exceeding the following dimensions: 3m x 3m x 2.5m (length x width x height)
  • Land modulation up to 1m height
  • Fence construction (using any kind of material) up to 1m height
  • Chimney exceeding the height of 1.5m
  • Construction of a storage room bigger than 15sq. meters and 1.5m height
  • Construction of professional, industrial and farm storage rooms exceeding the legal dimensions by 20%
  • Building built unlike the building permits survey, or building built in a different position due to an incorrect change of the ground plan, on the condition that no ground level is altered. The building survey permits can be updated with the new building position on the terrain according to law 3843/2010 (A’ 62).
  • Dimensional alterations no bigger than 5% and only on the condition that the whole surface is not altered by more than 2%
  • Building regulation infringements[ministerial order 3046/304/30−1/3.2.1989 (Δ΄ 59)]. Such kind of infringements ought to be mentioned in the technical report.
  • Temporary, movable constructions made of cloth or nylon used as temporary products storage, built according to their building permits survey. An application form and the owner’s statutory declaration form must be submitted along with the engineer’s technical report and photographs, as required by the law.
    • Law 4178/2013 (article 18, §5) is applied in case of constructions that do not fall into the above categories.

Supporting Documents:

  1. Application form
  2. Statutory declaration according to the 1599/1986 law
  3. Most recent E9 tax return
  4. Technical report completed by an engineer
  5. Photographs
  6. Administrative charge

This category includes legalisation of the following developments for 30 years, as long as both the administrative charge and the total fine are paid: Unapproved developments as long as they do not exceed the total legal construction limit by 40%, and the total height (mentioned in the building permits) by 20%. For the previously mentioned percentages the following laws should be taken into consideration: 3775/2009 (Α΄ 122), 3843/2010 (Α΄ 62) and 4014/2011. The above mentioned developments are permanently excluded from demolition, as applicable by law 3843/2010 (Α΄ 62).

This category does not include constructions built in the space between the building line and the roadline.

Unapproved developments that have been legalised as applicable by laws: 3775/2009 (Α΄ 122) or 3843/2010 (Α΄ 62) or 4014/2011 (Α΄ 209), taking into consideration law 3843/2010 (Α΄ 62).

Supporting Documents:

  1. Application form
  2. Statutory declaration according to the 1599/1986 law
  3. Most recent E9 tax return
  4. Technical report completed by an engineer
  5. Photographs
  6. Drawing Plans:
    • Building Permits
    • Part of the street plan where the building is located
    • Survey plan
    • Site plan
    • Floor plan
    • Section plan
  7. Official documents or aerial photographs that prove the construction’s year of completion and its establishment
  8. As far as the static part of the construction is concerned, a technical report analyzing the building’s vulnerability is essential as well as a study of the static structural adequacy.
  9. Electromechanical surveys
  10. Administrative charge
  11. Form including comprehensive calculation of the fine.

This category includes any other unapproved developments that do not belong to the four previous categories.

As long as the administrative charge and the total fine are paid, unapproved developments are legalised and their demolition is canceled for 30 years. In order for them to be permanently legalised the following must be taken into consideration.

When the whole procedure of legalising all the informal developments is completed, several changes might be made as far as the urban planning is concerned (for certain parts of the city or community), according to the Ministry of Environment, Energy & Climate Change. Those changes must be over within 5 years.

When all the supporting documents concerning a building’s legalisation are submitted, a ministry’s representative will ensure the documents’ reliability. A procedure concerning the demolition of the unapproved developments is supposed to be announced in the future.

Supporting Documents:

  1. Application form
  2. Statutory declaration according to the 1599/1986 law
  3. Most recent E9 tax return
  4. Technical report completed by an engineer
  5. Photographs
  6. Drawing Plans:
    • Building Permits
    • Part of the street plan where the building is located
    • Survey plan
    • Site plan
    • Floor plan
    • Section plan
  7. Official documents or aerial photographs that prove the informal settlement’s completion year and its establishment
  8. As far as the static part of the construction is concerned, a technical report analyzing the buildings vulnerability is essential as well as a study of the static structural adequacy.
  9. Electromechanical surveys
  10. Administrative charge
  11. Form including comprehensive calculation of the fine