Council of State mandates compensation for illegal building permits near streams

Council of State property compensation building permits stream demarcation administrative liability

The Council of State has ruled that the Greek State, regional authorities, and municipalities are liable to compensate property owners for damages resulting from illegal building permits and urban planning acts. The decisions (1177 and 1281/2026) specifically address properties located in adjacent areas to streams within urban plans where final demarcation of the stream has not been completed.

The court determined that construction or property regularization in these adjacent areas is only permissible following the final demarcation of the stream. It further ruled that “temporary” demarcations based on the Building Regulation are illegal as they lack necessary legislative authorization.

The Council emphasized that these urban planning regulations do not merely serve the general public interest but also “aim to protect the individual rights or interests of private citizens,” as they enable the issuance of urban plans, property regularizations, and building permits. Consequently, the issuance of illegal permits creates a full claim for compensation from the State or local government entities for affected owners, co-owners, and contractors. The Council overturned previous decisions from the Piraeus Administrative Court of Appeals, sending the cases back for new rulings.

Entities

Council of State · Greece · Hellenic Republic · Piraeus Administrative Court of Appeals

Claims

What the coverage asserts, and how many sources carry each claim.

[● 3 SOURCES] The Council of State ruled that the State, Regions, and municipalities are liable for damages resulting from illegal building permits. www.thessaliatv.gr · www.in.gr · www.newsbomb.gr
[● 3 SOURCES] Temporary delimitations based on the Building Regulation are illegal as they lack necessary legislative authorization. www.thessaliatv.gr · www.in.gr · www.newsbomb.gr
[● 3 SOURCES] Construction or property adjustment in riparian areas is permitted exclusively if the definitive delimitation of the stream has preceded. www.thessaliatv.gr · www.in.gr · www.newsbomb.gr
[● 3 SOURCES] The State, Regions, and municipalities must compensate owners, co-owners, and contractors for damages. www.thessaliatv.gr · www.in.gr · www.newsbomb.gr