The war that has broken out between the engineers and the representatives of the Local Government will be dealt with by the government with a legislative regulation that will intervene in the heights of the buildings with the aim of mitigating the opposition to the “gifts” of the New Building Regulation (NOK).
The fierce conflict that leads to a public confrontation and the unleashing of heavy characterizations by the two opposing camps is being attempted to be defused with the intervention of the political leadership of the Ministry of Environment and Energy (YPEN).
According to information, regulation which will be submitted in the form of an amendment to the multi-bill of the ministry which is already being discussed in the parliament, is oriented towards amending the legislation, so that the combined use of the bonuses on the heights of the buildings is not allowed. The philosophy is to insert a “cutter” so that the permitted construction does not exceed 2 to 3 meters, something for which until today (with the combination of NOK bonuses) led to unimaginable excesses for the benefit of builders and owners.
The regulation will be horizontal until the urban planning is completed and will be done in a staggered manner. This means that in areas with a building factor of up to 0.8 the additional building height will be up to 2 meters. In areas with a building factor of 0.8 to 1.6 the additional height that a building will gain will reach up to 2.5 meters and in areas with a building factor greater than 1.6 the “bonus” will be up to 3 meters.
The mayors argue that by combining the three disputed articles of the NOK (101, 158, 192), where the first gives a height of 3.40 meters, the second 2 meters and the third an additional 3.40 height, two additional floors can be added to a building floors. The president of the TEE Giorgos Stasinos, who takes the lead in maintaining the rules of the building regulation, argues speaking to “THEMA” that the modification of the framework in terms of height should be the only intervention that will be made in the law, supporting the preservation of the remaining criteria and their combined perspective. Other information states that at MINISTRY OF -and in the team working on the relevant measures- the idea of paying a fee for those who use the beneficial incentives of the NOK in favor of Green Fund (as happens respectively with arbitrary ones). This fee is studied to be returned to the municipalities so that it can be used for environmental balance actions, expropriations, etc. However, this is a proposal that, according to legal circles, could not stand easily in the CoE, since in the case of the arbitrary we have to deal with completed acts, which is not the case in the case of the NOK. The “rebel” municipal rulers claim that not even legislative interventions will put an end to the urban planning series that the decisions of the Council of State have opened.
The hidden coefficient
The problem, as mentioned by the mayor of Alimos Andreas Kondylisis that there is a so-called “hidden factor” in the NOK, with provisions that came after the 2012 law and amendments between 2020 and 2021. which do not count towards the building factor.
Example the lofts and the balconies. Someone can build a loft, i.e. raise a floor inside, so build a maisonette instead of an apartment, and these extra square meters do not count towards the rate.” The mayor of Alimos talks about free provisions since, as he says, “the square meters are sold, they are in the plans, municipal fees are paid for them, but based on the urban planning legislation they are not visible”.
Issuance of permits under the responsibility of an engineer
“The problem is alleviated with the proposed solution of legislative intervention” -which remains to be seen how it will be formulated-, states the mayor of “3B” (Varis – Voulas – Vouliagmenis) Grigoris Constantellos. As he notes, however, the case cannot be closed amicably as a decision of the Plenary Session of the Council of State on the unconstitutionality of the provisions of the NOK is pending, to which the 5th Department of the court has referred the case.
Mr. Konstandellos explains that until then, he has instructed the municipality’s Construction Service to grant the building conditions certificates requested by the engineers (with the reference that a decision of the Plenary is pending) and then they themselves issue the permit on their own their responsibility as provided by law (and without the pre-approval process). What is the reason for this practice? This is because, as the mayor “3B” explains, in the COCO-MAT building in Makrygianni, which opened the pocket of Aeolos with the heights and the building permit was issued by the YDOM of the Municipality of Athens, when it was decided to demolish the two floors, the owners sued the municipality that issued it with the pre-approval process for 2 million euros.
Konstantinos
Since there is no “entellesthe” (order to suspend licenses under the responsibility of the mayor), which was abolished by the decision of the Decentralized Administration in the previous days, the municipality is taking measures to protect itself if in the future citizens turn against it for similar issues. This, as Mr. Constantellos emphasizes, does not change the municipality’s decision to challenge licenses that make use of the bonuses. In fact, as he says, since March 20, when the municipal council made a decision to suspend the issuance of permits, which was however deemed illegal by the Decentralized Administration, four requests have been submitted to the municipality. When these develop, the municipality will file an appeal with the Council of State to cancel them.
At the same time, the core of mayors who indulge in political activism in defiance of pressure is growing. After the mayors of Vari – Voula – Vouliagmeni, Alimos and Kifissia, who have taken a clear position against the building regulation, the mayor of Athens is added to the list. Mr. Harry Doukasaccording to information, an opinion of a well-known constitutional expert is going to be passed by the city council next week, which will become a decision and which will judge the issuance of construction works as illegal before the decision of the Plenary Session of the CoE.
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Tags: Cutting floors upper height meters conflict Municipalities TEE
