The Ministry of the Interior, Local Authorities and engineers are waiting for the recent decision of the Council of State to be clarified, which, however, seems to accept the appeal of the Municipality of Alimos as it deemed unconstitutional the specific benefits for the additional construction of the NOK, but due to the seriousness of the matter, the case was referred to the Plenary of the CoE.
The burning issue was raised yesterday by the president of the Technical Chamber of Greece, Giorgos Stasinos, who, among other things, pointed out that “the incentives of the New Building Regulation for reducing coverage in new buildings, increasing energy efficiency and improving the urban environment are in accordance with the best practices available at an international level, absolutely necessary to contribute to the achievement of the country’s climate goals and necessary for a better quality of life for citizens in resilient cities. Any discussion of limiting or abolishing them mortgages the future of our country and our children and harms the lives of citizens and the environment. In fact, it is extremely unscientific and deeply conservative to argue that the life of citizens or the urban environment is allegedly degraded by any increase in the height of buildings.”
At the same time, he emphasized that “the TEE will defend by all means the professional and scientific integrity and the work of qualified engineers who study the new buildings, issue the relevant building permits and supervise their construction”. Mr. Stasinos explains the new building regulation and its benefits with eight answers to relevant key questions.
- What are NOK’s motivations really about?
The buildings constructed using NOK incentives have the following characteristics:
– They are of energy classification A + according to KENAK, i.e. buildings which in practice have a reduced consumption of primary energy and carbon dioxide emissions, at least by 50% compared to conventional constructions.
– They take up 10% to 25% less land coverage as the case may be, compared to a conventional new building, thus increasing planting within the urban fabric by the same percentage.
– They are built on already developed plots, after old and energy-consuming buildings are first demolished.
– They have planted roofs which have multiple environmental and energy benefits both for the building and for the microclimate of the area.
– They grant part of the plot for shared use. An area for which the State and municipalities can use it either as additional planting or as larger sidewalks, improving the accessibility of cities.
- Why don’t the arguments against NOK’s motivations hold?
Buildings with an energy rating of A+ use increased thermal insulation, energy-efficient cooling and heating systems with heat pumps that ensure the release from fossil fuels and the minimization of energy consumption. Many times they promote the health of citizens through ventilation systems with heat recovery. Furthermore, they make use of intelligent automation control of their operations and energy production systems from RES, which ensure the minimum environmental footprint during their operation.
Buildings with planted roofs contribute to the increase of urban biodiversity and in particular to the protection and survival of pollinators, offer increased thermal insulation, participate in an integrated system of rainwater and wastewater management, contribute to a better quality of life for residents.
Buildings with reduced coverage lead to an increase in land available for common use, contribute to better and more efficient stormwater management, better flood protection planning, improve urban mobility for all and especially disabled people.
- Who issues the building permits and judges the NOK’s motives?
Building permits are issued under the responsibility of the engineer or engineers who sign the studies and their construction is supervised by engineers and the work is controlled by engineers. The building services check at the licensing stage specific urban sizes and approve or reject the issuance of a license. The permit is issued by the e-Permits information system.
- Should the CoE decide on the height of buildings in an area?
The CoE gives an opinion anyway when approving urban plans. And it obviously has the authority to judge the administrative legality, as the highest administrative court, of any building permit. Because we have decided, for the defense of the quality of constructions and the safety of life and property of citizens, that buildings must be studied by certified engineers and licensed by the state, as the Constitution stipulates. But for the SC to judge every building size or every design choice that is made within the legal limits of a building permit, I think escapes its role because it is a technical and scientific issue, which the Constitution explicitly requires to be treated as scientific. And the CoE, therefore, has no say in scientific matters.
- Should the height of buildings in an area be absolutely specific?
Nowhere in the Constitution does it appear that height in an area must be one-dimensional. Obviously, through spatial and urban planning, the overall building must be described and delimited. And obviously the height of a building affects the overall structure. But that the height limit in a study is one-dimensional and absolutely specific to an entire region does not follow from any constitutional provision and is unscientific.
- Should horizontal regulation be imposed through NOK without scientific analysis of local conditions?
It is not scientifically correct to come up with new horizontal regulations that deal with the insular, urban, peri-urban and mountainous areas, as this is precisely the object of local level planning – and it is directly stipulated that such a thing should not be done by the Constitution. However, the incentives of the NOK may appear to someone to be horizontal, but they are not, as they do not horizontally increase the new buildings to a certain height in any region or in the country as a whole, but in relation to the existing and studied height limits of each region, as a percentage on a specific building and perhaps on the boundary of the area. Whether or not the increase in the height of some buildings is beneficial compared to what the State and the residents in an area gain from the incentives of the NOK is not a legal but a technical issue and the SC does not have the authority to judge scientific issues.
- Shouldn’t the earlier design limits with lower heights apply?
NOK does not increase heights horizontally in any area. It incentivizes new buildings. Increases building or height in proportion to what is approved by planning, not horizontally, not for everyone, under the conditions set.
- What are the risks of removing NOC incentives?
To give the wrong message that the State does not take seriously the effects of the climate crisis and the need for durability of constructions. Less land cover in cities is already a condition of urban sustainability. Failure to apply NOK bonuses may result in greater risk or intensity of flooding. Energy efficient buildings can reduce greenhouse gas emissions. Any different choice, and indeed in terms of general application, could even be characterized as a crime, as it may contribute to the loss of human life in the future.
NEW BUILDING REGULATION
Diametrically opposed to what the New Building Regulation provides for the building bonus for the height and floors of the buildings are several municipalities, especially in the southern suburbs, which have even appealed to the Council of State in order to freeze the new building permits. The Ministry of Environment and Energy, for its part, declares that the mayors cannot… freeze the issuance of permits and may even be subject to disciplinary action, clarifying at the same time that until the Plenary Session of the Council of Ministers decides, the provisions of the NOK must be applied as they are.
The New Building Regulation essentially gives the right to extra construction on buildings in exchange for limiting the permitted coverage percentage of the plot or the coverage in combination with the withdrawal of a building or with the assignment of a section for common public use, etc.
The main argument of the Municipalities of Vari – Voula – Vouliagmeni and Alimos, which have appealed to the Court, is that the character of the areas in question has been altered by the overbuilding caused by the tall buildings.
One of the municipalities that have declared their strong reaction to the new data brought by NOK is 3B. In fact, a second order was given by the mayor Grigoris Constantellos to the Town Planning Department not to issue building permits, which make use of the favorable NOK regulations regarding the volume and heights of the buildings.
In particular, the mayor issued a double written order to the Construction Service – the first was sent on April 3 and the second on April 5 – to suspend the issuance of new building permits using the specific articles of the NOK (Law 4067/2012). With the double “mandate”, the mayor personally assumes legal responsibility for the implementation of his decision, relieving the Town Planning officials of the burden of responsibility, who would otherwise have to continue issuing building permits under the current law.
Who are excluded?
It is worth noting that Ekali, Filothei and Paleo Psychiko have already been excluded from the provisions of the NOK’s incentives for additional heights through legislative regulation with an amendment passed before the closing of the Parliaments for the national elections.
In Kifissia
Following a proposal by the mayor of Kifissia, Vassilis Xipolytas, the partial suspension of the issuance of building permits that make use of the favorable terms of the NOK was voted unanimously.
As mentioned in the last Municipal Council, the implementation of the favorable regulations of the NOK have already caused a significant environmental burden on the municipality, which is escalating day by day both with the issuance of demolition permits on plots with little existing construction (detached houses, duplexes), in order to building permits are issued with the possibility of overbuilding, as well as with the issuance of new building permits for the number of undeveloped plots of municipal units, including the areas of new additions.
According to the data of the Building Service of the municipality, on 29/2/2024, 388 applications for the issuance of relevant building permits were pending.
UNCONSTITUTIONAL THE “BONUS”
The 5th Department of the Council of State ruled unconstitutional the square footage and height bonus given by the New Building Regulation, in a decision issued concerning an appeal by the Municipality of Alimos against a building permit for the construction of an apartment building. In particular, according to “Kathimerini”, the CoE concludes that it is not only unconstitutional, but also contrary to Community legislation to take measures that lead to an unrestrained strengthening of construction, without prior study or impact assessment.
Also, these measures not only do not fulfill their purpose but ultimately lead to a multitude of problems, according to the CoE. This emerges from the text of decision 293/2024, with which the Municipality of Alimos and the Quality of Life Committee of the municipality appealed against a building permit which combined various of the height and building factor bonuses given by the NOK. This eventually led to the construction of an 8-storey building with a height of 25.9 meters compared to the 17 m that applies in the area and 969 sq.m. against 820 sq.m. based on the rate applicable in the area, as reported by “Kathimerini”.
However, due to the importance of the matter, it must be decided by the Plenary, to which the case is referred.
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