Detailed Decision From Council of State on Building Regulations

The Council of State (CoS), Greece’s highest court, released a detailed decision today regarding the new building regulations it has ruled unconstitutional.

The court ruled in December to block provisions in a new building regulation that allowed increased building heights and additional stories under certain conditions, such as incorporating more greenery or using less land coverage. While these measures were ostensibly environmentally conscious, the court ruled that urban planning cannot rely on generalized rules. Instead, the Constitution mandates area-specific planning tailored to the unique characteristics of each region, supported by scientific studies. The court found that the regulation violated Article 24 of the Constitution, which protects the environment and requires urban planning to account for regional differences.

Critically, the CoS ruling does not invalidate projects already in advanced stages of construction as of December 11, 2024, when the decision was first announced. However, projects that were issued permits but have not started construction may no longer be valid.

Although the regulation was enacted in 2012, it took a while to see its day in court. During the harsh years of Greece’s economic crisis, construction activity reduced, and thus relevant cases questioning the law’s constitutionality were only brought in recent years.

When the news of the pending decision broke, Environment and Energy Minister Thodoros Skylakakis tabled a bill to provide “transparency and legal security” in the building and construction sector. Any new legal framework will need to provide for detailed scientific studies to assess the environmental and urban impact of proposed incentives, such as taller buildings or expanded developments.