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How to build in off-plan areas – The forecasts of the new spatial plan

According to the latest version of the spatial and urban planning bill, several windows will remain open for exceptional reinforcement of construction in off-plan areas.

The upheavals in the unplanned construction that the government preaches will eventually bring are not so great. The announcements for a brake in the orgy of anarchic diffusion of buildings across the country, as it seems, will be limited mainly to the abolition of two derogations that currently allow the construction of buildings even in plots of 750 or 1200 square meters.

According to the latest version of the 110-page spatial and urban planning bill – which is expected to be consulted in the near future – several windows will remain open to exceptionally strengthen construction in off-plan areas, perpetuating the established urban planning policy of all independent of governments from 1960 onwards.

Building coverage rates

The promoted regulations propose to be considered as complete and buildable plots of 4 acres, with a face of at least 45 meters in a common area or on national, provincial and municipal road category A (which provides the right to build on the adjacent plots) and with a minimum depth of 50 meters. The very small derogations (750 sq.m and 1200 sq.m) are abolished, but construction will be allowed on plots of less than 4 acres in the following cases:

  • On the two acres (2000 sq.m) with a face on a national, provincial, or municipal road if they exist on 17.10.1978 and have a minimum face of 25 meters (from 20 m today), a minimum depth of 40 m (from 35 m today).
  • On plots that had on 24.4.1977 a minimum area of ​​2000 sq.m, a person on a national, provincial, municipal road category A, or in a common area of ​​at least 25 m and a minimum depth of 40 m.
  • In parcels of land that are even and buildable and are restored as a result of expropriations or the opening of international, national or provincial roads, provided that after the impairment they maintain the perfection limits and the other conditions of the derogations.

The same in the cases of plots of land given to beneficiaries in exchange for even and buildable plots (land reclamation).

In general, the maximum coverage rate, in the out-of-plan areas, is set at 10% of the land area. However, for the construction of hotels and camping, in off-plan areas, it is proposed to exceed the coverage by up to 5%, for the creation of common semi-outdoor spaces.

Exceptionally, all parcels facing a category B municipal road (where the rule gives a person the right to build only in organized receptors) will be considered complete and buildable so that commercial warehouses, hospitals, health centers, private clinics, commercial buildings, stores (supermarkets, department stores, etc.) and offices, data centers, professional laboratories, craft, industrial facilities.

Tourist accommodation “won”

The same is proposed for a new category that is introduced in the draft law of the Ministry of Environment and Energy (MEE), ie for hotels that are characterized as “highly upgraded” or “upgraded”. These are tourist accommodations, which must comply with six or four to five (respectively) of the following upgrade elements:

  • Parking with a minimum number of places equal to the number of rooms/apartments
  • Covered parking with a minimum number of spaces equal to three quarters of the rooms/apartments
  • Balcony – terrace in 50% of the rooms/apartments
  • Minimum reception area 0,8 sq.m per bed
  • Multipurpose room of at least 100 sq.m
  • At least one shared toilet for guests per 25 beds
  • Minimum area 25 sq.m for single rooms, 30 sq.m for doubles and 36 sq.m for triple rooms or 42 sq.m, 55 sq.m and 75 sq.m for apartments of one, two or three rooms and 25 sq.m in addition for each apartment space for apartments of four rooms and above.
  • At least 2 suites

In fact, the new category of “highly upgraded” or “upgraded” hotels is endowed with a building factor of 0,2 and 0,19 respectively.

Deviations in the off-plan construction are also promoted in other urban planning parameters.

Thus, while the minimum distances of the building are set at least 15 meters from the property boundaries, exceptionally and under certain conditions will be allowed at 7,5 meters or even 5 meters.

In protected areas, off-plan buildings should be unified and located 1 km from the coastline and from traditional settlements. However, with the consent of the Architecture Council, they will be allowed to be divided into more constructions.

Regarding the tourist investments in OTDA (Organized Tourism Development Areas), if they include private forest areas (up to 15% of the total area), these are taken into account for the calculation of the maximum allowed exploitation and coverage.

In general, building on organized receptors is premium against anarchic out-of-plan building.

For example, in complex tourist accommodation the Building Factor from 0.15 today increases to 0.2, with the exception of the islands of Crete, Corfu, Evia and Rhodes where from 0.10 it is now determined at 0.12. Also, the new regulations propose a ban on the construction of private Holy Naidrio.

Redefining of municipal roads

The bill includes a special article on the characterization of municipal roads, trying to adapt to the requirements of the jurisprudence of the Council of State which stipulates that an essential element of rational spatial planning is the road network, especially for off-plan construction.

This is because the recognition or abolition of a road has serious consequences for the construction of the passing properties and the urban and spatial planning of the area.

Thus, among other things, it is stipulated that the municipal roads of category A (provide a person the right to build on temporary plots) will be characterized by a Presidential Decree, after a special study and opinion of the relevant Council of Urban Issues and Disputes. The same goes for category B, which connects Category A, or provincial, or national, roads with organized receptacles, and functions as passages that grant a right of access only to organized receptors.