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Greek Council of State rulings on building permits

Updated 1 time since CLSTR started tracking revisions of this situation.

What changed

2026-09-28 17:02 UTC → 2026-09-29 07:56 UTC · added removed

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 a separate ruling, recent decisions (1177 and 1281/2026), the Council of State established 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 these areas adjacent to streams is only permitted after a definitive delimitation of the stream, rendering ‘temporary’ delimitations illegal. Consequently, 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 administration is obligated interest; they also ‘aim to compensate property owners protect the individual rights or interests of private citizens’ by enabling the issuance of permits and contractors regularizations. Consequently, the issuance of illegal permits creates a full claim for damages resulting compensation from the State or local government entities for affected owners, co-owners, and contractors. In these unlawful administrative actions. instances, the Council overturned previous decisions from the Piraeus Administrative Court of Appeals, sending the cases back for new rulings.

Versions

  1. 2026-09-29 07:56 UTC Greek Council of State rulings on building permits
  2. 2026-09-28 17:02 UTC Greek Council of State rulings on building permits

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