NOUVELLE LOI RELATIVE AUX AVOCATS No 4495/2017

The fifth, in turn, law on arbitrariness is now in force, after its publication in the Government Gazette. A key characteristic of Law 4491/17 is the alleviation of fines for several types of irregularities and for vulnerable population groups. Below are the key points of the new setup, in the form of question-answers.

Which urban planning offenses do not require legalization?

- Building deviations of up to 10% and up to 50 m2, works that have been executed without permission, but without exceeding the law (eg not exceeding the building factor). Also, switching without authorization from one master to another, but allowed in that area, and performing small-scale work without permission. A fine for erection and maintenance is imposed on these violations, as is the case.

What about small town planning violations?

- The law includes a list of 18 categories of town planning offenses which are legalized only by paying a fee of EUR 250. Among them, the addition of external insulation to the building, the construction of a pergola up to 50 sqm, warehouse up to 15 sqm, rough wooden constructions up to 8 sq. M.

What is the case with the arbitrary before 30.11.1955 and from 1.12.1955 to 9.6.1975? What applies to arbitrarily from 10.6.1975 to 31.12.1982?

- The arbitrators of the first category are not considered arbitrary, they are not subject to legalization fines and are allowed to be transferred. The same applies to old arbitrary exceptions to the 1977, 1983, 1985 and 2005 laws. The arbitrary of the second category (1955-1975) is legalized with a payment of EUR 250 without payment of a fine. The third category (1975-1982) is legalized by payment of a paraphernalia and 15% of the fine.

What applies to the arbitrary period from 1.1.1983 to 31.12.1992 and for those from 1.1.1993 to 28.7.2011?

- The first ones are legalized by payment of a deposit and 60% of the fine. The latter paying the fee and 100% of the fine. For arbitrary unlawfulness of more than 40%, the permanent exclusion from the demolition will be made with an additional purchase rate when the relevant electronic system is prepared.

What if someone inherits property with arbitrariness?

- If it was erected by 28.7.2011, it can legalize it according to the current. The only difference is that he has to submit to the supporting documents the E9 of the deceased.

What is the case for arbitrators who have begun the affiliation process and have not completed it?

- These arbitrary ones may be subject to the new law. The debt is recalculated and offset against the amounts already paid. Particularly for the regulation of 2010 for semi-open land (Law 3843), the balance must be paid as a single payment in favor of the Green Fund.

How much does the fee cost?

- The fee is set at 250 euro for arbitrary construction / use up to 100 m2, 500 euro for 100-500 m2, 1,000 euro for 500-2,000 m2, 4,000 euro for 2,000-5,000 sq.m ., EUR 10,000 for arbitrarily more than 5,000 sq. M.

Fines with discounts

How is the fine calculated?

- The calculation of the fine shall be based on the area of ​​the arbitrary construction or use at the zone price in the property area, according to the system of objective values, by the 15% factor and on the coefficients of the relevant box indications, where required (depending on the category of arbitrary).

How is the fine paid?

- The owner can choose between a one-time payout (20% discount, if made in one month), direct payment of 30% and the remaining 70% in installments (ensures 10% discount, also within a month) doses (up to 100). Please note that the owner is entitled to a 20% discount if he starts the process until 8.4.2018 and 10% if he starts the process from 9.4.2018 to 8.10.2018.

Who are entitled to a discount?

- A number of vulnerable social groups: People with disabilities (pay 15-20% of the fine), repatriated Greeks (20% of the fine) and many (20% -50%). Also, thirds with individual income up to € 25,000 or family income up to € 40,000 (30% of the fine), long-term unemployed (30% of the fine) and others.