EL 
EN 
Following a relevant request from the Ministry of the Environment and Energy, NTA conducted an audit concerning compliance with urban planning legislation during the issuance of administrative acts by the competent Building Service (Municipality, Region of Southern Aegean) for the construction of three residential properties with swimming pools on a plot of land outside the town plan and settlement boundaries in the Sarakiniko area of Milos island.
Findings:
A. Compliance with urban planning legislation
- The property is situated within an area designated as a Wildlife Refuge; however, no specific regulatory framework has been established to restrict building activity within such areas.
- According to established case law of the Council of State (notably Plenary Decision No. 176/2023), plots located outside a town plan and settlement boundaries may only be built upon if they have frontage on an officially approved road.
- According to case law of the Council of State and an announcement by its President (12/2024), the provision of the New Building Regulation (NOK) excluding internal balconies (mezzanines) from the building coefficient is unconstitutional, as it is not justified by town-planning or other public interest considerations.
- On 09.08.2024, the Building Service erroneously granted pre-approval for the issuance of a building permit, on the grounds that:
- the plot could be developed without requiring frontage on an officially approved road, disregarding established case law of the Council of State; and
- frontage on a rural road suffices to allow residential construction, contrary to the applicable legal framework.
In light of the above, the pre-approval dated 09.08.2024 must be revoked.
The building permit dated 02.02.2025, issued under the responsibility of the private engineer, is unlawful and must be revoked, as it was issued:
- on the basis of the NOK provision excluding internal balconies (mezzanines) from the building coefficient, despite the fact that this provision had already been declared unconstitutional at the time of issuance;
- with provision for the construction of a perimeter fence extending within the foreshore zone up to the shoreline, contrary to the applicable legal framework, and as a consequence of the aforementioned pre-approval, which must be revoked.
Following NTA’s instructions, the Building Service conducted a legality review of the above acts and concluded that they were not defective and/or unlawful. However, in the course of this review:
- there is no evidence that the Building Service examined the conditions for excluding internal balconies (mezzanines) from the building coefficient, as required by circulars of the Ministry of the Environment and Energy;
- it failed to establish that the planned perimeter fencing of the plot, extending within the foreshore zone up to the shoreline, is incompatible with the applicable provisions.
B. Functioning of the Architectural Council of the relevant Regional Unit
The inability of the Architectural Council to fulfil the full scope of its responsibilities results in a failure to ensure the protection of architectural and cultural heritage, particularly in sensitive areas such as the Cyclades, where landscape and traditional character constitute critical elements of the public interest.
Recommendations
It is recommended that the Ministry of the Environment and Energy:
a) promptly complete the necessary pending actions concerning the establishment of regulatory provisions for the protection of the area;
b) issue the necessary guidance regarding construction outside town plans, particularly with respect to compliance with the requirement for frontage on an officially approved road;
c) take measures to address and/or mitigate the existing, known inability of the Architectural Councils of the Cyclades Regional Units to adequately review architectural studies during the issuance of building permits.
The Building Service is recommended to:
a) proceed with actions to revoke the administrative acts under review;
b) implement the provisions outlined in paragraph 1 of Article 48 of Law 4495/2017 concerning the imposition of sanctions on the design engineer for submitting a study not prepared in accordance with applicable urban planning legislation.
Transmission of the Audit Report
The audit report was forwarded as follows:
A) to the Athens Public Prosecutor for criminal assessment of the findings contained therein, in accordance with paragraph 2 of Article 97 of Law 4622/2019.
B) to the Technical Chamber of Greece for disciplinary assessment of the findings set out in the report concerning the engineer responsible for managing the file of the building permit dated 02.02.2025, in accordance with Articles 28–34 of the Presidential Decree of 27.11/14.12.1926, as amended by Article 1 of Legislative Decree 783/1970.
C) to the Mayor, as the designated disciplinary authority, to exercise his prescribed powers over the involved employees of the Building Service.
D) to the Ministry of the Environment and Energy and the Building Service of the island municipality.