The announced intention of the Minister of Interior to issue building permits on the same day, something that satisfied both ETEK and entrepreneurs active in the construction sector but also to citizens who intended to build up two housing units, escalated in the reaction of the Union of Municipalities.
The municipalities set the time of issuance of both town planning permits and building permits at 30 days. But the process consultations were held to reduce the building permit time to 10 days, when it is submitted electronically and to 20 days when it is submitted in writing.
The municipalities considered that the decrees that the minister intended to issue when determining the issuance of permits on the same day, are not above the existing legislation, while they also stressed the risk of overturning decisions when the invitation and convergence procedures are not followed of the examine the applications. Consequently, they also opposed the sampling control and insisted on controlling all the applications that will be submitted.
Before the risk of completely overturning the philosophy and going back to the old days, when the issuance of building permits took several months, the Minister of Interior accepted a compromise which limits the issuance of building permits to about ten days when submitted electronically and approximately 20 days when submitted in writing.
It is understood that the vision of issuing building permits on the same day goes through the amendment of the legislation, something that, even if approved, will take months.
The positions of the Municipalities were formulated in a letter of the President of the Union of Municipalities Andreas Vyras to the Minister of Interior Nikos Nouris, with the indication "URGENT" and it initially expresses the political will to simplify and speed up the development licensing process, for the benefit of citizens first and foremost of development in general. It is suggested, however, that "this should be achieved through commonly agreed and, above all, legally sound arrangements".
It is also stated that "the licensing process for up to two housing units, which is proposed by the Ministry of Interior does not guarantee the legality of the decisions". Referring to the Legal Adviser of the Union, Mr. Vyras records the following points in terms of the legal aspect:
According to its provisions on the General Principles of the Administrative Law (Law 158 (I) / 1999), the issuance of a license is an administrative act-decision which, among other things, must be the competent body, which must meet with a legal composition, etc. Consequently, the issuance of a permit (either urban or "building") can not be done either formally or by sampling only the applications. A decision regarding an application that has been approved or rejected without proper examination and documentation will suffer and leave the Competent Authority that has received it exposed, in appeals and compensations, before the competent Courts.
Regarding the process of issuing an urban planning and building permit proposed by the Minister, the President of Union of Municipalities, Andreas Vyras, emphasizes the following: In relation to the town planning permit, our position is that there should be the necessary period of time to send the invitations to the members of the competent Administrative Body, in order to meet properly for a relevant decision. For the calculation of the total time period for issuance of the urban planning permit, it will be taken into account that the data will be submitted will be predetermined, based on the new special urban planning certainty process that will be accompanied by the new urban planning certainty process that will be accompanied by the new urban planning certainty from as well as all plans and calculations of growth factors will be included. In view of the above, it is considered that planning permission can be issued in 30 days.
New data for the citizens are created by the new urban planning licensing process announced by the Minister of Interior, Nikos Nouris, which mainly concerns applications for the construction of houses or duplexes.
As announced at a press conference, Mr. Nouris, from 1 to October 2020 the applicants can submit to all planning authorities of the country (district offices planning and four large municipalities) planning applications, which will be examined and if they meet the necessary conditions will be issued planning permits within 10 days if the relevant documents are submitted electronically and within 20 days if the papers are submitted in printed form.
If the applications are submitted in electronic form, something that at this time can only be done at the Provincial Planning Offices, the planning permits will be issued in just 10 days.
It is worth noting that the Ministry decided that as of January 1, 2022, all urban planning permits up to two residential units will be issued by all licensing authorities within a maximum of 10 days. It was also decided that the deadline for submitting applications in printed form is December 31, 2021.
Source: philenews, inbusinessnews