According to reports, the TEE sent an extrajudicial letter to the Municipalities of Vari-Voulas-Vouliagmeni and Alimos, requesting the immediate revocation of the decisions they have taken to suspend the issuance of building permits within their borders.
In particular, the TEE, following the issue that has arisen regarding the implementation of the New Building Regulation and the refusal of certain municipalities to issue building permits by the YDOM, until the decision of the Council of State on the matter, proceeded to send an extrajudicial order.
As the announcement of the TEE states: “sent an out-of-court statement – invitation – protest to the Municipalities of Vari – Voula – Vouliagmeni and Alimos in which it asks them, for reasons of legal certainty as well as clearly serving the public interest, to immediately proceed with the revocation of the decisions that they have received regarding the suspension of building permits in the territorial region of their Municipalities, “otherwise reserving all of your legal consequences”.
In fact, the TEE notifies the extra-judicial decision to the Coordinator of Decentralized Administration of Attica in order to proceed with the annulment of the decisions, within the framework of his powers and in particular the control of the legality of the actions of the local authorities.
The TEE requests the cancellation of decisions by which the mayors of the regions ask the Construction Services to force the engineers to submit additional supporting documents that are not provided for by law and instruct the competent officials not to issue building permits that include the use of NOK incentives.
In the extrajudicial it is emphasized that “the Mayor has no authority, nor in general the organs of the Local Self-Government Organizations of the first degree, to issue decisions on the suspension of building permits in the territorial jurisdiction of their Municipality”, therefore every such suspension decision has been issued by an incompetent body and the decisions are characterized as voidable as illegitimate, for reasons of legal certainty.
In the external court, the TEE points out that the question of the constitutionality of the articles of the NOK, under which incentives are granted to increase the permitted height of buildings, has been referred (ref. no. 310/2024 of the E Department) for judgment before the Plenary of the Council of State, wherever it is pending.
The TEE emphasizes that in any case only the competent bodies of the administration, which in no case are the OTAs, can examine and take any required measures, if necessary, until the final judgment of the court.
Regarding the matter, the President of the TEE George Stasinos he said, according to newsit:
“We publicly analyzed why the New Building Regulation’s incentives for more climate-resistant buildings, with an increase in building factor and height, are useful, critical and necessary. I repeat: the incentives of the New Building Regulation to reduce coverage in new buildings, increase energy efficiency and improve the urban environment are in accordance with the best practices available at 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. It is indeed extremely unscientific and deeply conservative to argue that the lives of citizens or the urban environment are allegedly degraded by any increase in the height of buildings, without even considering the benefits of the incentives at all.
The TEE is an institutionalized Technical Advisor of the State and must inform regarding complex technical issues. Regarding the NOK issue, we also asked for the obvious: that the law be applied. We did not see a response from the Municipalities that started this unprecedented story with the illegal suspensions of issuing building permits.
We must defend the professional and scientific work of qualified engineers. We are also asking today to restore legality out of court. Each municipality is not an independent state so that some apply in some supposedly privileged areas and others in the rest of the country.
The NOK is important because, essentially, it sets important environmental incentives which are necessary for the lives of citizens today but certainly for the generations to come. Therefore environmental incentives should be supported and maintained and continue to exist or even increase in the future.
Beyond that, for any individual cases where excesses are observed, regarding specific issues of combining provisions that were not the intention of the legislator and cumulative application to the urban size of the height – alone, the government must intervene and clarify the landscape.
But only for the excesses, for individual cases, as only such exist, that lead to much higher buildings than those that are usually built even today with the NOK. And certainly not for the green incentives of the building factor increase.
And to make it clear: the municipalities that are crying out now are not reacting to these cases, instead they are seeking the complete suspension of any NOK incentive to ensure local petty interests. These decisions suspending the issuance of building permits are today requested to be annulled.”
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