NTA Audit of Municipality Building Service in the South Aegean Region

Audit by the NTA of a Municipality Building Service (YDOM) in the South Aegean Region, concerning the management and processing of applications falling within its remit from 1st November 2022 to 30rd December 2024.

As part of an ex officio systemic Audit, the NTA examined the process for managing and processing the following: (a) applications for the issue of preliminary building permits/pre-approvals (OA) and building conditions certificates (BOD), (b) complaints regarding arbitrary buildings (unauthorized constructions), and (c) applications for the reinstatement of building permit files. The objective was to identify cases that would require further NTA’s audit actions.

Audit Findings:

A. With regard to applications for the issue of preliminary building permits/pre-approvals (OA) and building conditions certificates (BOD):

The Municipality Building Service (YDOM) accepted supporting documents for the issue building permits/pre-approvals (OA) and building conditions certificates (BOD), which, depending on the case:

• did not meet the required specifications,
• were irrelevant or inaccessible (e.g. damaged electronic files) and their submission was intended to 'fictitiously' fulfil the required supporting documents,
• did not relate to the plot of land for which the relevant administrative act was ultimately issued.

The Municipality Building Service (YDOM) processed applications for the issue of preliminary building permits/pre-approvals (OA) without compliance with the provisions in force in the following respects:

• deadlines were not met,
• authorised officials not posted to the Building Permits Issuing Department were assigned tasks relating to the review and issuance of audits, without the assignment of concurrent duties,
• the required supporting documents and plans were not submitted at the time of the initial application
• the specifications for the preparation of a topographical plan and/or a site coverage plan were not met at the time of the initial application submission

The Building Service (YDOM) was processing applications for the issue of building conditions certificates (BOD) without complying with the provisions in force. This relates to the following:

• there has been a breach of the prescribed ten-day deadline set out in Article 38 of Law 4495/2017, with the deadline being exceeded by more than one year,
• the verification and issuance of the building conditions certificate (BOD) is to be conducted by authorised officials not assigned to the Building Permits Issuance Department, without the assignment of concurrent duties,
• the issuance of building conditions certificate (BOD) is only possible upon the provision of a complete and detailed listing of the applicable building conditions and regulations. In some cases, reference is made to relevant documents from the relevant Urban Planning Directorate,
• amendments to initial applications involving substantial alterations, with the acquiescence of the authorised official at the time, resulting in the issue of building conditions certificates (BOD) for properties or projects different from those covered by the applications originally submitted,
• the topographical plans were not submitted/uploaded at the time of the initial application,
• the Municipality Building Service (YDOM) has not conducted sufficient audits regarding the accuracy and validity of the topographical plans.

B. With regard to complaints about arbitrary buildings/unauthorized constructions

It was not possible to provide a clear and unambiguous record of all requests relating to the inspection of arbitrary buildings/ unauthorized constructions submitted during the period under review. This was because no standardized procedure was followed for the systematic recording, prioritizing and monitoring of complaints, nor was there a standardized method for classifying documents, grouping them and systematically linking them to the electronic register maintained.

Concerns were raised regarding non-adherence to established procedures and non-compliance with current legislation on arbitrary buildings/ unauthorized constructions works. For instance, it was found that the fines set out in final inspection reports had not been confirmed in thirty-nine (39) cases.

Concerns have been raised regarding the management of the Technical Chamber of Greece's (TEE-TCG) information systems (e-Adeies and the classification of arbitrary buildings/ unauthorized constructions under the relevant legislation) by private engineer administrators. The aim is to confer legal validity on data that lacked the necessary guarantees and were considered in the issuance of administrative acts.

C. With regard to applications for the reinstatement of preliminary building permits/pre-approvals (OA) files

It was not ensured that the institutional framework in force at the time (depending on the period or case) was applied when the administrative acts concerning the preliminary building permits/ pre-approvals reinstatement were issued. This resulted in the following:

• the presumption of legality being attributed to documents that were accepted (and duly stamped) for the reconstruction of the relevant lost preliminary building permits files (e.g. architectural as-built drawings/unapproved plans), which documents could not have been included in the reconstructed preliminary building permits/pre-approvals in accordance with the provisions referred to,
• the failure to submit the full range of individual required/specified documents for the reconstruction of the preliminary building permits/pre-approvals (OA) file.

NTA Proposals, amongst others:

The Municipality Building Service (YDOM)

• Regarding applications for the issue of preliminary building permit/ pre-approvals (OA) and the certification of building conditions (BOD):
  • to proceed with the rejection or suspension of any pending applications that were submitted lacking the necessary supporting documentation
  • to carry out legality audit of preliminary building permit/ pre-approvals (OA) and certification of building conditions (BOD), as highlighted in the Audit Report
  • to examine and evaluate the current procedure for checking and issuing of building conditions certifications (BOD).

• With regard to complaints about arbitrary buildings/ unauthorized constructions:
  • to establish, maintain and continuously update a database recording the sequence of administrative actions,
  • to confirm the relevant fines for construction and maintenance and ensure that maintenance fines are reconfirmed on an annual basis,
  • to ensure that the relevant Council of Town Planning Issues and Disputes (SY.PO.TH.A.) is forwarded the cases of appeals submitted within the deadline against on-site inspection reports,
  • to ensure that the arbitrary buildings which have been ruled as subject to demolition are sent to the relevant authorities and bodies,
  • to verify the legality of the procedures followed in relation to the on-site inspection reports in question.

• With regard to the reinstatement of building permits/pre-approvals (OA):

It is essential to take the necessary steps to ensure that the reinstated Building Permit files contain the required information and supporting documents, as applicable to each case of file reinstatement.

The Audit Report was forwarded to:

A) The Athens Public Prosecutor for the Criminal Court of Appeal to undertake a criminal assessment of the matters raised, in accordance with Article 97(2) of Law 4622/2019.

B) To the Mayor, as the designated disciplinary authority, to exercise his prescribed powers with regard to the Municipality’s Building Service (YDOM) officials involved.

C) To the Technical Chamber of Greece (TEE – TCG) for the disciplinary assessment of the matters set out in the Report.

In view of the audit mandate's objectives and the particular issues that have been brought to light concerning the issuance, revision, and update of building permits by the Municipality Building Service (YDOM), cases have been identified that require further audit actions by the NTA.