From 08.08.2013 it is forbidden and it is absolutely invalid the transfer or the establishment of a real right in a property, in which an arbitrary construction or change of use has been performed based on the Law 4178/2013 (article 5, paragraph 2 & amp; article 22, paragraph 3 of n. 1577/1985).
Also, in every legal deed that is drawn up after 08.08.2013 and has as object the transfer or the establishment of a real right in real estate, including the properties without building, is attached a responsible statement of the owner and a certificate of engineer.
Today you have reasons to trust the declaration of your property from our office
- We cover the need to compile a topographic immediately throughout Greece
- Each topographic refers to the grid of coordinates EGSA’87 with an accuracy approaching one centimeter
- Documentation through photo interpretation for the certification of the year of construction
- We fully undertake the preparation of the application
- We ensure fairness of the services offered in relation to the legal fees provided by the Technical Chamber.
1. The engineer carries out an autopsy, collects the data required to complete the application for regulation and calculates the “temporary fine”.
2. The application is completed and submitted electronically and the system issues a “unique number” for the arbitrary, order for payment of the appropriate “fee” in the arrangement (fee), as well as the amount of payments in relation to the number of installments will be selected.
3. The fee is paid by the citizen to a Banking institution of his choice and the installment payments follow. The citizen is given a code that will allow him to be informed about the registration of installments and the due balance until the completion of the procedure.
4. The required plans and other data are collected or compiled, on the basis of which the “final fine” is calculated and the amount of the installments is redefined by the system.
5. Submitting all the required data and plans and after ascertaining their completeness, an “ARBITRARY SETTLEMENT CERTIFICATE” is automatically issued. The certificate is necessary for the transfer of the arbitrary.
With the use of the topographic equipment of the office, but also of the specialized staff, an autopsy is performed in your area, immediate rural measurements are performed in order to compile a topographic diagram depending on the state coordinate system (EGSA’87) using geodetic GPS receivers. We can cover you in this way, so that your property is included in the process of arbitrary settlement.
SUPPORTING DOCUMENTS OF INTERESTED
- Responsible statement of law 1599/1986 of the applicant, considered for the authenticity of the signature, which includes the personal data, the tax registration number (TIN), the public financial service (D.O.Y.) the number and year of the building permit where it exists, the area and use of the construction, the date of completion of the construction or installation of the use in it according to article 8, as well as if it is a property of main and only residence, as well as it is also explicitly stated that it does not fall under any of the cases of article 2 of the specific law.
- Last statement of form E9, which refers to the property, where the arbitrary construction or use is located, regardless of whether the arbitrary constructions have been declared on it.
- Technical Report to be completed by a competent engineer, which includes the description of the arbitrary construction or the arbitrary use only in relation to the area and the use of the arbitrary, if it is a rough construction.
- Photos of arbitrary construction or arbitrary change of use,
- A. In case of a building permit, copies of the following plans:
- Τhe executive of the building permit, as well as an excerpt of a road plan for the areas within approved plans,
- The topographic diagram,
- The coverage diagram,
- The floor plan, which shows the arbitrary construction for which it is requested to be included in the regulations of the present and
- The intersection of the arbitrary construction or the space in which the arbitrary use has been installed.
B. In cases where no building permit has been issued or it is not possible to find it, all the above data are attached except for the executive, who reflect the condition of the property.
- Public documents or aerial photographs, which prove the time of completion of the construction and the installation time of use.
- Regarding the static control of the violations, the engineer is instructed by the Ministry of Environment, Energy and Climate Change for the correct completion of the structural vulnerability sheet, or for the static adequacy study.
- Payment in favor of the Greek State amounting to 500 euros for arbitrary construction / use up to 50 sq.m. or for a building of main and unique house up to 100 sq.m., 1,000 euros for a building / use over 50 sq.m. and up to 100 sq.m. or for a building of the main and only house over 100 sq.m. and up to 200 sq.m., 2,000 euros for a building / use over 100 sq.m. and up to 1,000 sq.m., 4,000 euros for a building / use over 1,000 sq.m. and up to 2,000 sq.m., 8,000 euros for a building / use over 2,000 sq.m. and up to 5,000 sq.m. and 10,000 euros for a building / use larger than 5,000 sq.m.
- Form for calculating the special fine of the declared construction.
In any case of building or construction in the off-plan areas and in settlements without a plan, a topographic diagram depending on the state coordinate system is submitted ( EGSA’87 ) containing a map excerpt identifying the location of the property.
Circular implementing law 4178/2013 on dealing with arbitrary construction and the environmental balance
YPEKA issued a new circular implementing law 4178/2013 to deal with arbitrary construction. Following questions submitted by individuals and engineers, the Deputy Minister of PEKA, Stavros Kalafatis, gave an order for codification and analysis of the most important of them to the Secretary General of Spatial Planning and Urban Environment, Socrates Alexiadis. Today’s circular clarifies some issues of interpretation raised by engineers and services, while also answering frequently asked questions in special cases of law enforcement.
Regarding the issue, the Deputy Minister of PEKA, Stavros Kalafatis, stated:
“The implementation of the new law to deal with arbitrary construction has begun and is progressing. The more engineers, services and citizens become familiar with the provisions of the law, the more they make use of the regulations we have brought. For this reason, YPEKA carries out information actions for engineers and services in the Region. At the same time, today we issued a new implementation circular to the competent services throughout the country, to clarify all the details and questions so far, no matter how simpleI would like to emphasize the substantial contribution of the engineers to the information conferences we hold, as most of the questions we answer in today’s circular have arisen from the on-site dialogue with them, during the conferences to date.
The State with the law for the confrontation of the arbitrary construction and the environmental balance has done the best possible to finally solve this complex environmental and social problem. The new law is the last great opportunity for citizens to declare their arbitrariness, in order to benefit from many installments in the repayment of the fine and from discounts of up to 85%, especially for vulnerable social groups. In fact, the sooner the citizens join the provisions of the law, the more installments they will have. I note that for those who join the provisions of the new law by the beginning of February, the installments for the repayment of the fine reach up to eight and a half years.
But I want to emphasize one more thing, very important: the State now has the will and the tools to stop the arbitrary construction and to locate, progressively, the arbitrary buildings. The country has changed its page and the State will no longer show any tolerance for any attempt to create a new generation of arbitrariness. We want and we can stop it. We put a “red line” on arbitrariness, we proceed with the necessary spatial planning, we give essential content to the environmental balance and we offer the possibility to the citizens to exercise their property rights. We presented a series of settings that are useful and beneficial for everyone “.
In particular, the circular includes a variety of issues. Among the individual remarks, the following stand out:
– The deadline for transferring declarations of law 4014/2011 to the new law 4178/2013 for those declarations that have overdue debts or were in a state of initial submission expires on 6-2-2014.
– It is clarified that it is possible to complete the process of inclusion of arbitrary change of use in law 3843/10 by the relevant Ministry of Agriculture in exceptional cases where the uncollected fine is less than € 50.
– It is emphasized that the non-subject (prohibited) areas for the inclusion in the law include the bank, the old bank and the riparian zone of lakes, as defined in article 1 of law 2971/00, since they are governed by the same protection regime. In addition, there is a ban on arbitrary constructions located in a stream and no slope coefficient is applied.
– It becomes clear that in the case of a person who belongs to more than one special population groups of article 17 of law 4178/13, the interest for the citizen is chosen.
– With regard to the envisaged discounts, especially for the cases where the main or the secondary residence has an area larger than the foreseen restrictions, then in a record sheet is calculated the uniform special fine with the reduction coefficients for any arbitrary area within the restrictive limits and the additional area on another record sheet, calculated of the single special fine without the above reduction.
– It is absolutely clear that the expression “disability rate of 80% or more” provided by law, means a rate equal to or greater than 80%.
– It is explicitly clarified that the status of the three children is also proved with the certificate of marital status.
– It is explicitly clarified that the status of large family is proved with the certificate of marital status and / or with a corresponding certificate of a competent foreign authority, accompanied by a certificate of the Supreme Confederation of Large Families of Greece.
– In order to be clear about all legal acts, it is clarified that in the notarial documents, which are prepared after the entry into force of this and have as object the establishment or modification of independent properties, are attached copies of the total plans of the building permit which are required and submitted. for the approval of construction according to the provisions of law 4030/2011, ie topographic diagram and building diagram considered by the competent Y.D.O.M ..
– The control for the selection of category 4 or 5 is done with the urban sizes that are foreseen to be constructed by the building permit. After the selection of the category, for the calculation of the fine are applied the coefficients that result from the comparison of the arbitrary surfaces to the allowed surfaces from the building conditions that are currently valid in the area of the property.
– It is clarified again that during the inclusion process the owner submits a responsible statement for the date of completion of the arbitrary construction or installation of the arbitrary use and the authorized engineer describes in the technical report the arbitrary construction or the arbitrary use only in terms of area and use. However, it becomes clear that in each case (arbitrary construction or arbitrary change of use) the engineer submits aerial photographs or public documents which prove the time of construction of the building.
– It is clarified that in cases of inheritance of real estate with arbitrariness, when in the form E9 of the deceased the arbitrary construction and the time of its construction are mentioned, then it is considered as a public document which proves the time of completion of the construction and / or the time of installation.
– It is also explicitly clarified that in case an arbitrary construction has been transferred or an arbitrary change of use that has been regulated by law 4014/11, the process of transition of the declaration to law 4178/13 can be done by the new owner.
– The status of inclusion in the favorable regulations of the law of stable facilities for the breeding and exploitation of productive or farm animals regardless of size is fully clarified, while as accompanying temporary accommodation buildings for which the restriction of 35 sq.m. applies, are considered residential buildings. people and not buildings that house stables.
– It becomes clear again that arbitrary constructions and arbitrary changes of use before 28.07.2011, after their subordination to law 4178/13 are exempted from the imposition of sanctions and are not due retrospectively confirmed insurance contributions, any tax and any form of fines and fees (such as water supply, cleanliness, sewerage fees, etc.). Taxes, fees and fines already paid are not sought. As the expiration time of the retroactive exemption of arbitrary constructions and changes of use is the force of n4178/13, ie 8.8.2013. Respectively for the arbitrary constructions and arbitrary changes of use with complete subordination to law 4014/11, ie that all the fine has been paid and all the plans and supporting documents have been submitted to the information system, as the expiration time of the retroactive exemption of arbitrary constructions and changes of use is the force of law 4014/11, ie 21.9.2011.
– It is clarified that from the entry into force of law 4178/2013, the execution of works is allowed with the procedure of written notification of YDOM according to the provisions of par. 3 of article 4 of law 4178/13, therefore all relevant provisions of no. .οικ. 9070 / 12-2-2013 of ministerial decision “Amendment of the Issue of Technical Instructions for the Implementation of Law 4067/12 (New Building Regulation”
– In the current circular of application is included for the first time a specific model of written information of YDOM for the works that are allowed in all the properties that have been included in law 4178/2013