City-planning & environmental limitations
The Constitution of Greece in Article 24 provides for special preventive or repressive measures, in order to preserve the natural and cultural environment.
In particular, special reference is made to the protection of forests, the master planning of the country, the arrangement, the development, the urbanization and the expansion of towns and residential areas, as well as at the protection of traditional sites and monuments.
Within the above mentioned protection, transfer of ownership and granting of limited real rights in real estate property may be prohibited, limited or subject to a special permit of the Authorities, under special laws.
Such restrictions and prohibitions are found mainly in the following cases:
3.1 Border Areas.
By combination of articles 25 par. 1 and 26 par. 2 of Law 1892/1990, as amended by article 114 of Law 3978/2011, the acquisition of real rights in regions of Greek territory designated as border areas, is permitted to individuals and legal entities that are Greek or have their citizenship or place of business within the Member States of the European Union and the European Free Trade Association without any limitations, as well as to third countries nationals but under the prerequisite of a prior authorization by the Greek state.
3.2 . Forest Areas.
The Constitution in article 24 par. 1 prohibits the alteration of use of forests, except where rural development or other uses imposed for the public interest prevail for the benefit of the national economy. Furthermore, in accordance with articles 35 and 72 of Law 998/1979, it is provided that private forests or forest areas or parts thereof that were destroyed by fire, cannot be transferred by segmentation or by fractinal with a transaction inter vivos for a period of thirty (30) years of their destruction, while for the owners of private forests and forest areas bigger than fifty (50) acres that they want to convey to others by sale, it is established a right of preference of the Greek State to acquire them on equal terms.
3.3 City-planning restrictions.
Under articles 24 par. 2 and 3 of the Constitution, the master planning of the country, and the arrangement, the development, the urbanization and the expansion of towns shall be under the regulatory authority and the control of the State, in the aim of serving the functionality and the development of settlements and of securing the best possible living conditions.
To designate an area as residential and enable the city-planning, the properties included therein must participate, without compensation, at the disposal of land necessary for the creation of roads, squares and spaces for charitable purposes, as well as at the expenditure for the implementation of key public urban projects, as required by law.
By combination of articles 6 par. 1 of Law N.651/1977, 3 par. 1 of Law of Emergency 625/1968 and 2 par.1 of Law Decree 690/1948 it is provided that the transfer of ownership of land in order to create non integral plots is prohibited.
3.4 Archaeological Sites.
The Constitution, in Article 24, par. 6, provides that monuments, traditional areas and historic elements are protected by the State. The necessary measures to be taken for the restriction of private property in order to realize the above purpose, as well as the nature and the method of compensation of private owners, are set by Law.
To permit construction in cities (municipalities) or villages (communes) or rural areas, that have been designated as sites of archaeological interest or that are located near archaeological or ancient monuments, a written consent of the archaeological service is required, after a survey is carried out.
In case of an impediment, or of a building of over 250 sq.m or of height of more than two floors, the case is referred by recommendation of Antiquities at the local Council of monuments . If the opinion of this Council is negative, the interested party has the right to object against it.
3.5 Environmental Restrictions.
The Constitution provides that the protection of natural and cultural environment constitutes a duty of the State (Article 24 par. 1). For this purpose, the State has an obligation to take special preventive or repressive measures in the context of the “principle of sustainable development”.
Recent Law 4014/2011 provides a special status of environmental licensing of projects and activities, including the constructions and operations that may have an impact on the environment. Also, in accordance with Laws 3661/2008, 3851/2010 and 3889/2010, as from year 2011, the issuance of the Energy Performance Certificate for all buildings, which are used for residence (permanent or holiday), offices, commercial purposes, etc. is required, with several exceptions provided. The issue of this certificate is mandatory for all new buildings or for buildings that are being totally renovated and is required before the property can be leased or transferred.
3.6 Protection of the coast and beaches.
In Law 2971/2001, it is provided that the coast and the beaches are properties of common use, that belong to the State, which is responsible for their protection and management, as the main destination of these zones is the unimpeded access to them.
For this reason, it is expressly provided that the construction of buildings and other structures on the coast and the beaches is not allowed, except for the pursuit of objectives related to public interest, environmental and cultural purposes.
The same law provides that if individuals claim ownership rights in areas designated as belonging on the coast, then those rights are necessarily expropriated in favor of the State.
In the same spirit, all kinds of buildings that have been constructed or erected without a permit on the coast or on the beaches, after the determination of the above-mentioned expropriation, are demolished, regardless of time of their construction or their real usage.