Ag writes. John in his Apocalypse from the Isle of Patmos: Look at your deeds, for you are neither cold nor hot; whether you are cold or hot. To keep you warm, not hot and not cold, I will suck you out of my mouth.

I know your affairs: “neither cold nor hot.” You had to be either cold or hot. Therefore, since you are lukewarm and not hot or cold, I will spew you out of my mouth. (Rev. ch. 3, 3.15)

A few days ago, a new bomb exploded from the island of Patmos, undermining the foundations of legal certainty in our country: the recent decision of the State Council No. and large investments, tourism or development for which prior approvals have been obtained or which have been included in a development law.

The Council of State decided that the minimum area of ​​4 acres was not sufficient, but the presence of a person in the common area (road) was also necessary for the construction of the property, because, according to the rationale for the decision According to the Constitution, unplanned areas “are not intended in principle for construction or tourist exploitation, but for agricultural, livestock and forestry exploitation and recreation of the population”. In fact, the decision cancels unplanned development with all the ensuing consequences, even for flat and buildable plots of four acres and above, on which it was still possible to build up.

This is another blow to small ownership, but also to legal certainty in our country, where government inaction is solely responsible for resolving an issue that affects thousands of owners in the air. “Neither cold nor hot,” according to John in the Apocalypse. I clarify that I do not own or represent (legally or otherwise) such property. However, I am following the consequences of the government’s attitude towards society and institutions in areas with small and unplanned plots, such as Kefalonia and Ithaca, as well as throughout Greece: all sales and real estate contracts that were “frozen” until today, they were entitled issue a legal building permit.The country’s city planning departments and construction services have suspended all preliminary approvals and building permits for objects outside the city plan and settlements with an area of ​​​​more than 4,000 square meters without a person on a public road.While small and large investments , mainly tourism, which were included in the development law, are left behind because they no longer have the ability to issue building permits.Once again, legal certainty in our country is undermined.

The merry-go-round of government inadequacy began with the famous Hatzidakis Act and the Dec. 9 deadline for Law 4759/2020 to issue advance building permits for properties smaller than 4 acres. With the expiration of the deadline, thousands of smallholders lost the right to build, despite the state’s explicit obligation (previously) to draw up local or special city plans and designate new building and development areas. Today, the Council of Europe is taking the baton, while in the authorities, in society and institutions, there is complete confusion, and the sword of Damocles of condemnation from the European courts hangs over our country.

Conscious political choice or tragic failure of the government? In any case, judicial “regulation” is the worst possible institutional response to a problem that is now taking on explosive proportions.

* Mr. Nicholas Farandouris – Professor of European Law at the University of Piraeus, Supreme Court Lawyer.