The 5th Department of the Council of State ruled that no legislative provision has granted the Local Self-Government Organizations the authority to regulate issues related to the conditions for the issuance of acts of construction works and the conditions and restrictions of building in their areas of competence, states a decision of the Council of State, something, moreover, that is prohibited by the Constitution.

Specifically, the Council of State, chaired by State Councilor Roxani Giannoulatou and rapporteur Dimitris Pyrgakis, in its decision No. 1728/2025, states that “the contested regulation was issued without the relevant authorizing decision of the Municipal Council of the Municipality of Athens and by which they were ordered:

a) the officials of the building service not to issue certificates of building conditions or building pre-approvals with heights higher than those provided for in b.d. of 30.8/9.9.1955 or the special newer P.D/s and

b) in general to refrain from issuing building permits that approve the construction of buildings in excess of the height allowed according to the above”.

Consequently, the SC concluded, the said decision of the Municipal Council was legally annulled.