Illegal constructions – amnesty laws
In Greece, construction of buildings in excess of structural requirements and constraints provided by law, is quite widespread and common. For instance, it is very common that a flat is built in excess of the building permission and, for example, it has an actual surface of 200 sq.m. although the building permission is for 150 sq.m. Also, it is very common that houses or other buildings are constructed with no permission at all. This ubnormality is so common, that on the one hand the State looses income related to property ownership and use and on the other hand, if the law was enforced, the demolition of such constructions would create a serious social problem. For this reason and because of the wide request for settlement of these sites, recently the Greek legislator has issued a series of acts for the administrative settlement of planning breaches and exceedances:
a) By Law 3843/2010, it was enacted, upon payment of excise fine, the fit and maintenance for forty (40) years (and not the permanent legitimation, as it was considered to be unconstitutional) of what is referred to as “semi-open” spaces and the spaces in the basement, ground or other level of the building, located within the approved building volume, under the building permit issued or revised until 02.07.2009, that have evolved in areas of principal use, in excess of the conditions and limits of construction of the building and under certain conditions prescribed by the Law, if their use is not prohibited by the city-planning provisions for land use.
b) Moreover, recent Law 4014/2011 provides the suspension of sanctions for thirty (30) years, after paying a fine, as specified in this law, for buildings of which the main structure has been completed until 28.7.2011 and have been built in excess of either the building permit or the conditions or restrictions of the construction of property or without planning permission at all.
These recent enactments give an amnesty to these violations and will allow owners of buildings with illegal constructions to transfer them, lease them etc.