Building bonuses shot down by top court
The bonus in square meters and height under Greece’s new Building Code was ruled unconstitutional in principle by the E Section of the Council of State, Greece’s highest administrative court. The ruling concerned an appeal by the Alimos Municipality in southern Athens against a building permit for the construction of an apartment block.
Due to the issue’s gravity, the court deferred it to a plenary session of the court for final judgment.
The new regulations have been the subject of numerous appeals to the court by citizens and institutions claiming that they will lead to the degradation of the residential environment.
Plaintiffs in the case of the Alimos apartment building contested the permit as it foresees a combination of bonuses. These would allow 10% more height if the building coverage (i.e. the area it covers on the ground) is reduced by 10%, plus a few extra meters, if a ‘green’ roof is installed.
The reasoning behind the ruling has not yet been published.
The appeal contested the claim in the regulation that provides for a bonus as an incentive for the environmental upgrading of dense urban areas to improve living conditions, asserting that Alimos is not congested, has strict building conditions (40% coverage, a building factor of 0.8, a density of 600 sq.m. and a maximum height of 14 meters) and does not lack public green spaces.
The new regulations would allow the building to reach a height of 18-21 meters instead of 14, which would violate the urban planning acquis and alter the character of the area, ultimately downgrading living conditions.
“Our municipality has blocked 30 building permits that made use of these provisions, either through direct appeals to the State Council and administrative courts or by supporting citizen appeals. Unfortunately, about 15 apartment buildings have been built with these provisions, which stand out like towers in the residential fabric,” Alimos Mayor Andreas Kondylis told Kathimerini.
