Irregularities in the issuance of building permits for the construction of three luxury houses with swimming pools on a plot of land in Sarakiniko, Milos, outside the plan and settlement limits, were brought to light by an audit by the National Transparency Authority.
The audit, which was carried out at the request of the Ministry of Environment and Energy, identified irregularities in the pre-approval process and in compliance with urban planning provisions, with the result that the relevant acts were deemed illegal and their revocation is being requested.
Regarding compliance with urban planning provisions, it was found that
- The plot of land is located within an area designated as a Wildlife Sanctuary, a designation for which no specific rules have been established with the aim of limiting construction activity.
- According to the settled case law of the Council of Europe and in particular with the Plenary Decision no. 176/2023, in order to build plots outside the street plan and settlement boundaries, the existence of a face of the plot on an approved road is required.
- According to the case law of the Council of Europe and the announcement of its president on 12/2024, the provision of the National Building Code regarding the non-counting of internal balconies (patios) in the building coefficient is unconstitutional since it is not justified by urban planning or other reasons of public interest.
The Building Service, on 09.08.2024, erroneously granted pre-approval for the issuance of a building permit, considering that the said plot of land can be built without requiring a person on an approved road, not taking into account the established case law of the Council of Greece and that the existence of a person on a rural road allows the construction of a building for residential use, despite the current institutional framework.
According to the above, the pre-approval from 09.08.2024 needs to be revoked.
The building permit under review dated 02.02.2025 was issued, under the responsibility of the private engineer, and is unlawful and must be revoked because it was issued:
Using the provision of the National Building Code regarding the non-counting of internal balconies (decks) in the building coefficient, despite the fact that, at the time of issuance of the permit, it had already been deemed unconstitutional,
with a provision for the implementation of a perimeter fence within the coastal zone up to the coastline, which is contrary to the framework of the applicable provisions and as a result of the pre-approval dated 09.08.2024, which, as mentioned above, requires revocation.
The Building Service, upon instruction from the Civil Service Commission, conducted a legality review of the above acts and determined that they are not defective and/or illegal. However, during the said inspection:
It does not appear that it has checked the conditions for not counting internal balconies (patios) in the building factor, as provided for in the Circulars of the Ministry of National Heritage
It did not establish that the planned perimeter fencing of the land plot extending within the foreshore zone to the coastline is not compatible with the applicable provisions.
Regarding the operation of the Architectural Council of the relevant Regional Unit.
The inability of the Architectural Council to respond to the scope of their responsibilities results in the protection of architectural and cultural heritage not being ensured, especially in sensitive areas such as the Cyclades where the landscape and traditional character are critical elements of the public interest.
Proposals:
It is proposed that the Ministry of Environment and Energy:
a) immediately ensure the completion of the necessary actions that are pending, regarding the establishment of rules for the protection of the area.
b) provide the necessary instructions for off-plan construction regarding compliance with the obligation to ensure a person on an approved road.
c) take actions that will eliminate/mitigate the existing, to the knowledge of the competent central services, inability to control architectural designs by the Architectural Councils of the Regional Units of the prefecture of Cyclades, upon the issuance of the OA.
The Building Service:
a) take actions to revoke the controlled administrative acts.
b) to apply the provisions of par. 1 of article 48 of law 4495/2017 regarding the imposition of sanctions against the engineer for submitting a study that was not prepared in accordance with the applicable urban planning provisions.
The audit report was forwarded to the Athens Appeals Prosecutor for the criminal evaluation of the contents thereof, to the Technical Chamber of Greece for the disciplinary evaluation of the contents of the report regarding the engineer managing the file of the building permit dated 02.02.2025, to the Mayor, as the competent disciplinary Head, to exercise his prescribed responsibilities towards the involved employees of the Ministry of Public Works and the Ministry of Environment and Energy and the Building Service of the island Municipality.
