By Vangelis Dourakis

Upheaval… in the upheaval that resulted from the CoE which ruled its provisions unconstitutional of the New Building Regulation (NOK) hide the “fine print” of his decision Supreme Court. And this is because the “brake” is applied to the construction of buildings even if a permit has been issued based on the rules of the NOK if the relevant works did not start until December 11, 2024. So those who have permits, but did not proceed with the
construction, they will now have to revise them.

The Ministry of Environment and Energy, however, announced a “relaxation” of the Council’s decisions, as the competent Minister Theodoros Skylakakis announced that new environmental “bonuses” will be adopted in the ongoing urban planning.

Who builds based on NOK and who doesn’t

In any case, the decision of the Council of Ministers, which will be published in January 2025, shapes a new reality in construction with the new year.

Crucial of course is the element of the decision that determines that all building permits that make use of the provisions that are deemed unconstitutional, but are in the implementation stage (that is, they have proven to have started work before December 11), will be able to be completed normally and without obstacles.

Thus, a “breather” is provided to those builders who had invested funds to erect new buildings and in the last months had “frozen” all work, until the SC’s decision is issued.

On the contrary, those contractors who had requested the issuance of a building permit, or already had such a permit in their hands, but have not yet had time to start work, will obviously now have to revise their plans, as they will have to adapt to the new data and the reduced structure that results after the decision.

It is recalled that through this regulation, incentives were granted in the form of a “bonus” to the building coefficient and the maximum permitted height of a building, in “exchange” for the construction of environmentally friendly buildings and the creation of green areas.

The relance of the Ministry of Environment and Energy

After this development, therefore, the Ministry of Environment and Energy is coming to do some type of relief, as in a relevant announcement it states that “the decision of the Council of the Territory (StE) on the New Building Regulation (a 2012 legislation) concerns main reason
his jurisprudence on the constitutionally prescribed need for local, urban planning.

It is important that this decision does not affect any existing building (apart from those that are already the subject of an appeal), whether it has been completed or in any way work has begun on it.

Something that would create very serious legal uncertainty and negatively affect thousands of citizens and professionals.

At the same time, it is important that this decision confirms the possibility of having, where necessary for environmental or other reasons, special incentives (bonus) regarding heights, roofs, planted roofs, etc.

And this is important, because these tools are absolutely necessary to deal with the consequences of climate change, especially in densely built-up areas, as the way our megacities are currently structured (large coverage, with low height) makes them unsustainable long-term in an environment of worsening climate crisis and increased temperatures.

These incentives will therefore be foreseen, where this becomes necessary, in the context of the local, urban planning, which is in progress, with a corresponding legislative initiative of the government, which will be undertaken immediately, so that there is visibility and legal security”.

In other words, the Ministry announces, where necessary, the adoption of new special incentives for the construction of environmentally friendly buildings.