Article in English: Zoning laws in Greece for unincorporated areas

Christos ILIOPOULOS

It is commonly referred to as an “unincorporated area” in the United States and Australia, or as the “open countryside” in the United Kingdom. Regardless of the terminology, this article concerns land located outside town or village limits in Greece and whether such land can be developed.

For decades, the basic rule widely understood by the public in Greece was that an owner of land in an unincorporated area could build on it, provided the plot had a minimum surface area of 4,000 square meters. Over the years, thousands of transactions were completed on this basis. Purchasers of such plots generally assumed they would be able to construct a typical two-story house of approximately 120–200 square meters, more or less. Property values in these areas were set accordingly. By contrast, land on which construction is not permitted typically loses approximately 70–80% of its value, for obvious reasons.

In the past three years, however, the Supreme Administrative Court of Greece (the Council of State) has issued a series of decisions introducing additional conditions for building on such land. As a result, thousands of owners who purchased these plots years ago—believing they were buildable—may now discover that they are not, even if they exceed the 4,000 square meter threshold. In other words, recent case law has created significant uncertainty as to whether construction is permitted.

One of the key new requirements established by the Court is that the land must have frontage on a legally recognized public road. The difficulty, however, is that in Greece it is often unclear whether a given road qualifies as such. In many areas, roads have not been formally designated as public, or their legal status remains ambiguous. Consequently, tens of thousands of owners purchased land in unincorporated areas after receiving assurances from lawyers, notaries, and civil engineers or surveyors that the plots were buildable. These professionals were not acting negligently; rather, they were advising clients based on the laws and building regulations that had been in force for decades. Indeed, such regulations date back at least to the 1920s, when the principal requirement for obtaining a building permit was a minimum plot size of 4,000 square meters, along with certain setback distances from property boundaries.

The recent decisions of the Council of State have effectively tightened the criteria for buildability, rendering the 4,000 square meter rule insufficient on its own. Another requirement now appears to be a minimum frontage of 25 meters on a legally recognized public road. At the same time, the government has yet to provide clear legislative guidance in response to these rulings, leaving unresolved questions about whether, and under what conditions, off-plan land can be developed.

Given this legal uncertainty, a prudent approach for prospective buyers is to require the seller to obtain an official document from the competent building authority specifying the applicable building terms for the property. This document, known as a Certificate of Building Terms, is issued by the authority responsible for granting building permits in the area. Obtaining such a certificate can provide greater assurance to a buyer before proceeding with the purchase of the land.

*Christos ILIOPOULOS, attorney at

the Supreme Court of Greece , LL.M.

www.greekadvocate.eu

e-mail: bm-bioxoi@otenet.gr