The request of Municipality of Athens for the temporary suspension of the annulment by the Decentralized Administration of the decision of the Municipal Council regarding the permissible heights of buildings, thus putting an end to the building bonus on buildings.
“The city can’t afford any more concrete and can’t afford any new mega buildings. The social contract we have signed with the citizens of Athens for a humane, functional, green and safe city is being put into practice. This is a historic moment, a great victory for Athens. We oppose “green” skyscrapers, everything that deteriorates the living conditions of residents and degrades the existing natural and residential environment. We defend the right of citizens to decide in which city they want to live,” Athens Mayor Haris Doukas said after the decision was issued.
The timeline of the decision
Two months ago, with the 273/2024 decision of the Municipal Council, it was determined that in the Municipality of Athens, and until the adoption of the PD/decree approving the Local Urban Planning, the b.d. of 30-8/9-9-1955 applies exclusively, and in order to avoid the creation of final situations, it is advisable not to use the special bonus provisions (incentives to increase building) provided by the NOC, within the periphery of the Municipality of Athens.
The Municipality received a relevant opinion from Professor Nikos Alivisatos and Ms. Eleousa Kiousopoulou, which concluded that “the Municipality of Athens and especially the Building Division are bound and indeed directly, according to articles 95§5 of the Constitution and 1 of Law No. 3068/2001 by the decision 705/2020 of the Plenary of the Council of State and must, therefore, refrain from issuing building permits that approve the erection of buildings in excess of the height permitted by the b.d. of 30.8.1955”.
According to the municipality of Athens, the Supreme Council of State with its decision confirmed its jurisprudence and vindicated the position of the municipal authority on the need to prevent overbuilding and the method and strategy followed in the general interest.
The Municipality of Athens also notes that the decision of the City Council is fully revived from the time it was in force and the Municipality may now take any legal measure to enforce it, as expressly provided for in the interim injunction granted.
