Declaration of Unauthorized Buildings – N.4014/2011
The Plenary of the Council of State ruled that the provisions of article 24 of Law 4014/2011 on the suspension of the enforcement of the penalties provided for arbitrary construction were unconstitutional and adopted Law 4178 on 08.08.2013.
As of 21.09.2011, the transfer or creation of a lien on a property, in which an arbitrary construction or change of use has been carried out on the basis of Law 4014/2011 is prohibited and is absolutely invalid (Article 23, paragraph 1).
Furthermore, in every legal transaction in life that is drawn up after 21.09.2011 and has as its object the transfer or creation of a lien on a real estate, a solemn declaration of the owner and an engineer’s certificate shall be attached, stating and certifying respectively that no unauthorized constructions have been carried out and no unauthorized uses have been installed in the real estate (Article 23, paragraph 4).
The inclusion of the regulation ensures the possibility of transfer and creation of a right in rem, while the imposition of penalties is suspended for thirty (30) years after the payment of a single special fine (Article 24, paragraph 1).
Today you have reasons to trust the declaration of your property from our office
- We cover the need to draw up a topographic survey directly throughout Greece
- Every topographic survey refers to the EGSA’87 coordinate network with an accuracy approaching one hundredth of a meter
- Documentation through photo interpretation for the certification of the year of construction
- We fully undertake the preparation of the application
- We ensure pricing fairness in the offered services in accordance with the legal fees provided by the Technical Chamber
Steps
- The engineer carries out an inspection, collects the data required to complete the application for inclusion in the scheme and calculates the “provisional fine”.
- The application is completed and submitted electronically and the system issues a “unique number” for the arbitrary, an order for payment of the appropriate “fee for inclusion” in the regulation (penalty), as well as the amount of payments in relation to the number of instalments selected.
- The fee is paid by the citizen to a Banking Institution of his choice and the instalment payments follow. The citizen is given a code that allows him/her to be informed of the registration of the instalments and the balance due until the process is completed.
- The required drawings and other data are collected or compiled, based on which the “final fine” is calculated and the amount of the instalments is re-determined by the system.
- Upon submission of all the required data and drawings and after the completeness of the same is established, a “CERTIFICATE OF AUTHORISATION OF RULING” is automatically issued. The certificate is necessary for the transfer of the arbitrary property.With the use of the office’s surveying equipment, but also the specialized staff, an autopsy is carried out at your site, field measurements are made directly in order to prepare a topographic diagram dependent on the state coordinate system (EGSA’87) using geodetic GPS receivers. We can thus cover you, so that your property can be included in the arbitrary regulation process.
Supporting documents of the interested party
- ApplicationDeclaration of the law 1599 /1986 (in duplicate) which includes the individual data, the tax registration number (A.F.M.), the public financial service (D.O.Y. ) tax authority, the number and year of the building permit, where applicable, the area and use of the construction covered by the regulation of paragraph 1, the date of completion of the construction or installation of the use in it, as well as whether it is a property of the main and only residence of paragraph 1A, another residence or property of another use, as well as expressly stating that it does not fall under any of the cases of paragraph 1. 3 of Article 23. The affidavit shall be accompanied by public documents or aerial photographs proving the time of completion of the construction or installation of the use.
- The authenticity of the applicant’s signature must be certified by a public authority in the body of the application and the declaration of honour.
- The last statement of the E9 form, indicating the property where the unauthorized construction or use is located, to the competent public financial service (D.O.Y.).
- Technical Report completed by a competent engineer, which includes a description of the unauthorized construction or use and its area and use, as well as a statement as to whether it is a construction of a roughly constructed structure (such as sheet metal roofing and coverings,planks) made of poor materials (rough construction).
- Photographs of all elevations of the structure, copies of the stem, the topographical diagram of the permit, the floor plan showing the unauthorized structure for which the regulations herein are sought to be applied and section plans at a scale of 1: 100. In cases where any building permit has not been issued or cannot be found, all of the above items except the stem, which reflect the condition of the property, shall be attached.
- A fee/proof of collection in favour of the Greek State of 500 euro for an unauthorised construction/use up to 50 sq.m. or for a building of a main and only residence up to 100 sq.m., 1,000 euro for a building/use over 50 sq.m. and up to 100 sq.m. or for a building of a main and only residence over 100 sq.m. and up to 200 sq.m, EUR 2,000 for a building/use of more than 100 m² and up to 1,000 m², EUR 4,000 for a building/use of more than 1,000 m² and up to 2,000 m² and EUR 6,000 for a building/use of more than 2,000 m² under penalty of inadmissibility, for each independent property, which shall in no case be refunded, but shall be offset against the special fine provided for in this Article.
- Form for calculating the special fine for the declared construction.In each case of a building or structure in the off-plan areas and in settlements without a plan, a topographic diagram dependent on the state coordinate system (EΓΣA’87) containing an extract of a map specifying the location of the property shall be submitted. An extract of a town plan is required for areas with approved plans, where a building permit exists. A cover diagram shall be submitted for each buildable plot or land and in all cases an ‘unauthorised construction record sheet’.
Contact us!
Do not hesitate to call us if you want us to be directly in the field to suggest boundaries and measurements.
It is advisable to have someone with you who knows the property boundaries. It will be useful to have with you old topographic maps and anything related to the property (contracts, building permit plans, expropriation plans, classification deeds, cadastral charts, etc.). In case of a large area, wear comfortable clothes and shoes because we will have to walk on the property’s contour to find its boundaries.
