As stated in the announcement, the Minister of Environment and Energy, Mr. Stavros Papastavrou, and the competent Deputy Minister, Mr. Nikos Tagaras, signed the Presidential Decree that determines the procedure for approving a Special Plan for the Environmental Equivalent of Urban Upgrading (ESPIAP), for the compensation of the use of incentives of the New Building Regulation and other details for the implementation of building permits.
At the same time, the Joint Ministerial Decisions were signed to determine a) the procedure for the refund of taxes, fees, contributions and deductions of building permits using incentives of the NOK, which are reviewed without delay and in priority over other applications and b) the specifications of the Special Plans for the Environmental Equivalent of Urban Upgrading (ESPIAP).
In more detail, the following are defined as "commencement of construction works" for the following cases:
1. Commencement with excavations or concreting
In the case of excavations (for foundation or slope support) or in the case of additions (where excavation is not required), concreting is documented as the commencement of the works. In this case, the time proof of the work is made by notifying any public authority of the commencement, the submission of a Detailed Periodic Declaration by the employer to EFKA with aerial photographs and contracts with a certain date that concern the commencement of construction works or at a later stage thereof.
2. Demolition within six months
The demolition of pre-existing buildings on the same plot also constitutes a presumption of commencement, provided that it is not earlier than six months from December 11, 2024, which the Council of State defines as the starting point for the legality of permits.
3. Archaeological works
The conduct of excavations by the competent Archaeological Service is also recognized as the commencement of works, provided that it was carried out by December 11, 2024 and is linked to an existing building permit.
Permits that are in court or have been canceled
On this basis, it is possible to build buildings for which there is a cancellation court decision or appeals are pending against them, establishing the concept of environmental equivalent as compensation for the use of NOK bonuses. For these specific projects, it must be proven that construction work began on December 11, 2024, and an environmental pre-audit is provided.
In this context, the preparation of a Special Environmental Equivalent Plan for Urban Upgrading (ESPIAP) is provided for per municipal unit or per municipality in the case of the two metropolitan centers of Athens and Thessaloniki by the Ministry of Economic Affairs and Infrastructure with funding from the Green Fund or with sponsorship of the study.
The owners or the contractor of the building will deposit with the municipality (through the Deposits and Loans Fund) the consideration specified by the regulation so that these funds can be used for "green interventions" that will be provided for by the ESPIAP. These interventions will be in favor of public space and quality of life and will be implemented when in an area greater construction is allowed through the NOK incentives in order to complete construction activities that are in various stages of appeal, as well as properties that are included in the RRF or the NSRF.
In these cases, approval is required from the Central Council for Urban Planning and Disputes (KESYPOTHA) and the Central Council for Architecture (KESA) in order to determine the necessity of continuing the implementation of a building permit based on technical, economic and legal criteria.
Permits that will maintain the NOK bonuses will have to pay an environmental fee of 8% which will be calculated on the value of the additional construction ensured by the use of the incentives of the law. Those who have applied to join the financial instruments of the Recovery Fund and the NSRF will be charged 15% respectively. The zone price of real estate for the calculation of the environmental fee is the one in force on December 11, 2024.
To apply the incentives of the NOK that were canceled by the Council of State to building investments that are included in special urban planning regimes, a request must be submitted to the KE.SY.PO.THA, accompanied by special documentation, within a period of three months from the entry into force of the law.
New NOK by the end of the year
The Ministry of Environment and Energy is preparing a new, simplified Building Regulation with just 20 articles, aiming to reduce complexity and enhance stability in the construction sector.
A key point of differentiation is the abolition of the old building incentives, as implemented in the 2012 NOK. No longer will there be bonuses for energy efficiency, as energy class A is considered a self-evident requirement for every new building. Instead, the new regulation will offer incentives of a different type, which will be incorporated into the new urban planning that is currently underway and it is expected to be completed in 2027.
Source: ered.gr
