“Tombstone” in the argumentation of technical and legal persons in favor of its preservation outside the building plan put judges. As stated in interdisciplinary conference at the Polytechnic University, any separation of building rights on off-plan lots based on the “age” of the lot to allow redevelopment on lots without a “facade” on a recognized street is unconstitutional. They pointed to the need for the state to make it a “patriotic duty” to protect the countryside, resisting pressure from owners and specialists. A similar position was made for her illegal constructionpointing out that the lack of verification of “calculations” leads to the creation of a new generation of tyrants.

The Science Day was organized by the Athens Administrative Court of Appeal and the NTUA School of Architecture and Engineering and was attended by the President of the Council of State. Gospels NikaHonorary Chairman of the Council of Ministers Skaltsunis, Chairman of the Administrative Court of Appeal Zafirula Vasilati and other supreme judges. Among the placements that dealt with the issues of legislation on urban planning and improvement, two stood out … for their relevance.

The first was the proposal of the administrative courts of appeal. Secure Valdirka, on issues of construction in progress. The judge violated the law regarding the decision of the CE on Patmos (which was first introduced by “K” 4.2.23)with which city planners across the country began to “carve out” building permits for lots without a “face” on a recognized street. “Part of the criticism of the SC’s decision is related to the wording of the law, according to which (criticism of) a minimum area of ​​4 acres is an independent condition for development,” Mr. Valdirkas said. “However, it is self-evident that this provision applies to sections (ss) that open onto a common area. First of all, because it will be a vague provision that contradicts the Constitution and the basic rules of unplanned construction. In addition, in accordance with the code of basic urban planning legislation, the stadium is considered to have a “face” that makes it suitable for construction when this street exists by law.

Referring, indirectly but not clearly, to the positions of the Technical Chamber, the Athens Bar Association and the Chamber of Notaries, Mr. Valdirkas rejected the “interpretation” that the technical and legal authorities are trying to give, according to which the duty “of a person “On a legal road does not exist for sections , which were “created” before 2003, when the regulation was specialized. “The legislation on unplanned development provides that these areas are not intended primarily for the operation of buildings. This rule has no time division, which is confirmed by judicial practice. Its out-of-plan setting, anachronistic as it may be, fragmenting space and hampering any attempt at rational urban and spatial planning, has proved even more time-resistant. I believe that the courts have responded successfully because of the complexity of the disputes they are called upon to resolve, the social dimension of the phenomenon and the pressure exerted, and the perennial inability of the state to put an end to this phenomenon. We must understand that “the fish stinks from the head.” We cannot expect restraint from the owners. The state must take decisive measures to curb its unplannedness, realizing that its patriotic duty is to ensure sustainable development. All this subject to any new rules for unscheduled.”

Her position was like Evangelias Karavelatsis, appeals of administrative courts, for the “settlement” of arbitrary. The judge revealed the reasons for a recent legislative ruling that “transferred” the functions of construction observatories (they were provided by law in 2016, but never functioned) to urban planning. “Appeals against arbitrary statements were not accepted in the courts, since, according to the law, a citizen had to first file a complaint with the regional and local Construction Observatories, which were not created.” Therefore, by keeping the institution, without activating it, the Ministry of Natural Resources made it difficult for citizens to seek protection from the law for some kind of illegal “settlement”.

“Regardless of the issues arising from Law 4495/17 (the latest law on the “settlement agreement”), this law can lead to the final registration of an unauthorized design. However, it is urgent to introduce declaration control mechanisms,” he said. “Otherwise, we risk the emergence of a new generation of illegal immigrants whose owners will seek to “settle” in circumvention of the provisions” (s.b. settlement laws are set as a “red line”, that illegals were built before 2011).