The crucial issue of the implementation of the provisions on permitted heights in the municipality of Athens dominated yesterday’s Regular Session of the Municipal Council. The discussion lasted over 1.5 hours, while the emeritus professor of Constitutional Law, Nikos Alivizatos, was invited and analyzed his opinion, as well as the representative of the municipality’s engineers, who spoke extensively about the problems that arise and the risks of their own industry .

Mr. Alivizatos, addressing the members of the Municipal Council, emphasized that “it is a matter of principle” and said among other things: “Does the general building regulation replace the special urban planning decrees? This is the critical issue before you. But there is also the matter of substance. The goal is not to create fait accompli. The decision of the SC on the Coco-mat hotel near the Acropolis, as you know, has been issued for 4 years and is yet to be implemented. That is, the fait accompli is before us. These decisions are not implemented. So think about the NOK being implemented in the next two or three years until the Local Urban Plan comes out. I am afraid that an unacceptable disaster will have occurred.”

For his part, the mayor of Athens Haris Doukas said: “The dilemma is whether we will continue to live in a city of cement or we will change course and create a city that will breathe. The city can’t stand any more cement and it can’t stand new behemoths. It is a social contract that is being signed today. And I think it is a historic moment for our faction, for the municipal authority, but also for KEDE, because its resolution was unanimous to move forward by reacting to the new behemoths, the “green” skyscrapers, which in reality, as he points out and the European Commission are used for “green washing”. Today we are standing up to the circumstances.”

In her intervention, the deputy mayor for Urban Revitalization and Resilience, Maros Evaggelidou, noted: “It is not only an institutional or legal issue, it is also an urban planning issue. It is connected to the needs of Athens today, it is connected to the fact that we are in a critical phase, as we are re-discussing land uses and building conditions through the local urban plan for the adoption of which there will be a wide consultation. What we are called to do in reality is to defend the implementation of legality in Athens.”

Finally, the Board of Directors approved by majority decision, according to which: “In the municipality of Athens and until the issuance of the P.D. approval of the TPS, applies exclusively b.d. of 30.8/9-9.1955, as subsequently amended in terms of the maximum permitted building heights and as decided by decision 705/2020 of the Plenary Session of the Council of State and the Administrative Court of Appeal, compliance with which is mandatory. The areas governed by special newer P.D. are excluded.

– The officials of the building service are invited not to issue building condition certificates or building pre-approvals with heights higher than those provided for in the above b.d. of 30.8/9.9.1955 as amended later, or the special newer P.D. and in general to refrain from issuing building permits that approve the construction of buildings in excess of the above permitted height, given that they are liable for non-compliance with the jurisprudence, as judged by the Plenary Decision No. 705/2020 of the CoE.

– Property owners are invited not to request the issuance of building permits, with heights according to NOK and to revise them according to the b.d. of 30.8/9-9.1955 as amended later, even if they have received from the YMCA a certificate of building conditions with heights according to NOK, to avoid fait accompli, which will be harmful.

– In order to avoid the creation of fait accompli, it is considered appropriate not to use the special bonus provisions (incentives to increase construction) within the district of the municipality of Athens until the decision of the Plenary of the Court is published, unless their application is provided for by a special decree or local urban plan”.

In the Agenda there was also the issue of approving the new Green Regulation, however it was decided to postpone it for another meeting, so that some amendments and additions could be made that were put up for discussion.