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Arbitrary Legalization

A circular from the Ministry of Finance provides instructions for the execution of projects and the legalization of arbitrary constructions.

A circular from the Ministry of Finance provides instructions for the execution of projects and the legalization of arbitrary constructions.

The circular in detail:

 

After the submission to our service, a number of files related to the granting of the right to use the seashore, beach, continuous or adjacent sea area or seabed for the execution of port projects or the legalization, in accordance with the provisions of the current legislation (article 14 & 27 of law 2971/2001), we inform you that after an investigation of the data of the relevant files, by employees of our service, serious deficiencies were identified that lead to the delay in the issuance of the relevant concession decisions. In view of the above, please:

 

A. The dossiers submitted must be complete with all the opinions required on a case-by-case basis. It is pointed out that opinions that exceed the reasonable time are not accepted (indicatively we consider 5 years), as has already been determined with an opinion of the General Assembly (relevant: document no. 542/884/12 / 01-11-2012 ), for which the five-year period is provided. Also, the opinions should be mentioned for the whole project (especially in the case that space is included for the service of the operational needs of the projects. Α.14.ν.29171 / 01).

 

B. Pay special attention to the expiration date of the PPP (Standard Environmental Licensing), which is also necessary. The exception is the case that falls into a category that does not require PPP, after certification of the competent environmental service.

 

C. 1. The relevant topographic diagrams and the accompanying technical reports to relate to the Final Study of the project to be constructed or to be legalized.2. The topographic diagrams depict the defined boundaries of the seashore, the beach and the old seashore. Also, to have a visa of your Service, as to the accuracy of the mapping of the above boundaries.3. The technical report to indicate in detail the projects to be constructed or legalized, the manner of their construction and the spaces that are necessary to be granted with their areas, depending on their type.4. The topographic diagram to bear a memorandum on it, in which they will be mentioned with alphabetical or numerical data as well as the area of ​​the granted or the space to be legalized, depending on its type (seashore, beach, port project, etc. .). 5. The technical data (Diagrams, technical report), must be endorsed by the competent department and specifically: a) In case of private port projects by the Directorate of Projects of the relevant Region (par. F 10, article 186 of Law 3852/2010). b) In case of public projects by the competent authority of the project executing body (REF: the document no. 22644 / 21-7-2014 of the Ministry of Interior).

 

D. Before sending the relevant file, conduct an autopsy in the area to be granted, in order to ascertain the existence or not of any arbitrary works and constructions that have been performed without permission or in excess of it. The relevant report of your service signed by those who performed the autopsy will be attached to the relevant file. Please note that projects and constructions related to existing arbitrary projects and constructions are not licensed and legalized, unless they are dismantled or removed from your service with a new autopsy.

 

E. After the application of the above, the Service sends you a suggestion, with reference to the documents that have been taken into account (having in mind) and any other information you deem necessary and in electronic form, which is attached to the construction or legalization file to be sent. In this suggestion it should be mentioned that the project is included in specific purposes of the legislation in force at the time (eg article 14 of law 2971/2001 etc.)

 

F. In particular, regarding the legalization of projects, the relevant files should include all the P.K.A.A.K as well as the duplicate collection until the date of transmission of the file with the relevant supporting documents to our service.

It is emphasized that the files that will now have shortcomings, which make it inadmissible to issue the relevant decision of concession or legalization, will be returned immediately to your service.

 

Source: lawspot.gr

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