Council of State blocks legalization of buildings with annulled permits

The Greek Council of State (StE) has issued a landmark ruling declaring certain provisions of Law 4495/2017 unconstitutional. In decisions 1182 and 1183/2026, the Plenary ruled that the law cannot allow the automatic legalization of illegal constructions if the original building permit was previously annulled by a court decision.

The ruling specifically addresses cases where permits were invalidated due to the application of an incorrect or invalid urban planning regime, even in instances where owners acted in good faith and did not submit false information. The Court found that allowing such legalizations undermines the effectiveness of judicial decisions and the obligation of the Administration to comply with them.

Furthermore, the Council of State noted that these regulations allow buildings to maintain characteristics from the annulled permits without requiring new permits or administrative acts. This process was deemed to conflict with constitutional mandates regarding effective judicial protection and the guarantees provided by the European Convention on Human Rights.