By Eleni Galari

The Plenary Session of the Council of State annulled the provisions of the New Building Regulation (NOK), with which incentives were given for the increase of construction and the increase of the maximum permitted height, in order to construct environmentally friendly buildings and to create green spaces.

In a statement signed by President of the Court Michalis Pikramenosit is reported that the Plenary decided that the provisions of the NOK are unconstitutional, while it is pointed out that the Supreme Court did not give retroactive effect to its decision.

Therefore, the permits that were issued under the provisions of the NOK will continue to be valid and the construction works that were in progress or had been frozen, will now continue normally.

As mentioned in the SC decision, the provisions of the NOK initially appear protective for the environment, but their implementation leads to serious changes in the residential environment with the increase in the height of the buildings.

At the same time, the Plenary decided that the non-counting of the internal exteriors (batteries) and the main use space of 35 sq.m. in the building factor is contrary to the Constitution. on the roof of the building, as well as simulating the swimming pool with a planted surface.

The Court’s decision is expected to be published in January.

In detail, the announcement of the President of the CoE regarding the decision.

The court ruled as follows:

  • I. The system of provisions of the NOK (articles 10, 15 par. 8, 19 par. 2 and 25), with which incentives are established to increase the building conditions (building factor, height) for the construction of buildings, with compensation for the energy upgrade of buildings and the increase of common areas and green areas, is contrary to article 24 par. 1 and 2 of the Constitution. This, not, in principle, because of their content, but for the reason that these provisions provide, directly to the building services, the possibility to issue building permits, in deviation, and indeed essential, from those in force according to the urban status of each area building conditions. The incentives provided by these provisions must have been taken into account and their consequences on the residential environment of each area must have been weighed during the urban planning stage, following a special scientific study documenting the provisions contained in these provisions in relation to the peculiarities and the general physiognomy of each settlement.
  • II. Furthermore, the Court ruled that the non-counting in the building factor (pursuant to article 11 par. 6 of the NOK), of the interior exteriors (batteries) and the main use area of ​​35 sq.m., is contrary to the Constitution. on the roof of the building, as well as simulating the swimming pool with a planted surface (art. 19 par. 2 of the NOK). These can be built counted in the building factor. On the contrary, the non-counting of bay windows and staircases in the building factor is not contrary to the Constitution. Accordingly, the contested licenses must be canceled for the above reasons.
  • III. Finally, the Court, weighing on the one hand the principles of legal certainty, predictability and the protected trust of the governed and on the other the public interest, decided that the effects of unconstitutionality must not cover building permits, the implementation of which (construction works) has demonstrably started before this announcement. Limiting the effects of unconstitutionality does not occupy pending trials.