Κατεύθυνση Δίκαιο του Περιβάλλοντος
Library of the School of Law

2018-03-21

2018

Patra Sotiria

Π-Μ Ευστρατίου, Επίκουρος Καθηγητής, Δημοσίου Δικαίου, Νομική Σχολή
Γ. Δελλής, Αναπληρωματικός Καθηγητής, Δημοσίου Δικαίου, Νομική Σχολή
Θ. Αντωνίου, Καθηγήτρια, Δημοσίου Δικαίου, Νομική Σχολή

Νομιμοποίηση - Τακτοποίηση Αυθαιρέτων

Greek

Legalization and Settlement of Arrbitary buildings and constructions

SUMMARY
In this diploma work attempts to understand the process of legalization and settlement of arbitrary constructions.
Arrbitary are the buildings or that part of a building constructed without the necessary building permit. The arbitrary buildings are divided into two categories: arbitrarily within a plan and those outside the city plan. The former are most often legalized when they adhere to the building rules, either by issuing a building permit retroactively or by imposing fines of arbitrary erection and maintenance from construction time to the time of legalization. Out-of-plan buildings can only be put into a legitimate regime if they adhere to the building conditions of the area and the provisions for the out-of-town construction.
The presence of a multitude of arbitrary constructions in Greece, coupled with the State's institutional duty to defend the public interest, makes this issue crucial. This importance is also confirmed by the many laws adopted in recent decades aimed at combating and eventually eliminating arbitrary building.There is no doubt that the vast number of the arbitrary buildings, in view of the long-term absolution of the administration from their demolition, has brought to the country a need for urban planning, which cannot leave indifferent to the interpreter of the law.
The legalization and settlement of arbitrary constructions is so frequent and repeated in such a short space of time that it now seems to be a custom that will become binding when the political benefits impose it, a "duty" of the State to the illegal settlers.
Through the research and the conclusions of this work, we conclude that the regularization and legalization of the arbitrary is thus circumvented by the principle of equality, which is reflected in Article 4 of the Greek Constitution, as these statutes put in favor those who have erected arbitrary constructions, violate the applicable building and land use conditions and are nevertheless excluded from the demolition.

Law and Legislation

Environmental Law

legalization of arbitrary constructions, settlement of arbitrary constructions, illegal building

Yes

2

No

65

53

File access is restricted only to the intranet of UoA.

https://pergamos.lib.uoa.gr/uoa/dl/object/2701266