# Greek Council of State rulings on building permits

> Live situation record from CLSTR: https://clstr.news/situations/greek-council-of-state-rulings-on-building-permits
> Updated: 2026-09-28T16:10:26.000Z. Sources: 11. Developments: 2.

The Greek Council of State has issued several rulings regarding the legality of building permits and the resulting liabilities of public authorities.

In one decision, the court annulled a building permit in the protected area of Kifisia. The ruling found that the permit improperly utilized favorable provisions from the New Building Code (NOK), specifically a 5% increase in the building coefficient for energy upgrades which the court deemed unconstitutional. The permit also contained unauthorized elements, including an attic exceeding height limits and basement extensions.

In recent decisions (1177 and 1281/2026), the Council of State reinforced that the State, regional authorities, and municipalities are liable for damages caused by illegal building permits issued in riparian areas. The court determined that construction or property regularization in areas adjacent to streams is only permitted after a definitive delimitation of the stream, rendering ‘temporary’ delimitations based on the Building Regulation illegal as they lack necessary legislative authorization.

The Council emphasized that these urban planning regulations do more than serve the general public interest; they also ‘aim to protect the individual rights or interests of private citizens’ by enabling the issuance of permits and regularizations. 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. In these instances, the Council overturned previous decisions from the Piraeus Administrative Court of Appeals, sending the cases back for new rulings.

## Claims

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

## Timeline

### 2026-09-28: Council of State mandates compensation for illegal building permits near streams

The Greek Council of State ruled that the State and local authorities must compensate property owners for damages caused by illegal building permits issued near streams without final demarcation.

9 sources. https://clstr.news/cluster/council-of-state-rules-greek-authorities-must-compensate-for-illegal-building-permits

### 2026-09-22: Council of State annuls Kifisia building permit over illegal bonuses

The Greek Council of State annulled a building permit in Kifisia, ruling that certain construction bonuses under the New Building Code are unconstitutional.

2 sources. https://clstr.news/cluster/council-of-state-annuls-kifisia-building-permit-over-illegal-bonuses

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Cite as: Greek Council of State rulings on building permits. CLSTR, https://clstr.news/situations/greek-council-of-state-rulings-on-building-permits