Council of State annuls Kifisia building permit over illegal bonuses

The Fifth Section of the Council of State has annulled a building permit in the traditional protected area of Kifisia. The decision was based on the improper use of favorable provisions from the New Building Code (NOK).

Specifically, the court ruled that the 5% increase in the building coefficient intended for energy upgrades was unconstitutional, violating Article 24 of the Constitution. The permit in question also included unauthorized construction elements, such as an attic exceeding maximum height limits, a planted terrace, and basement extensions beyond the coverage perimeter.

The ruling follows previous Council of State decisions regarding NOK bonuses, leaving the real estate market in a state of uncertainty. A new, simplified building regulation is currently being drafted by the Ministry of Environment and Energy, which is expected to focus on building outlines, side distances, and construction coefficients. However, the introduction of this new regulation is pending a final plenary decision from the Council of State regarding the constitutionality of construction bonuses.