According to the Municipality, this decision is an escalation of the actions taken by local authorities, to protect their cities and to assert their self-evident right, for municipalities to decide on local issues, with respect to the Greek Constitution.
It is recalled that the way to suspend the issuance of licenses was opened after the issuance of a unanimous decision of the seven-member composition of the 5th Department of the Council of State, by which it deemed certain provisions of Law 4067/2012 (NOK) as unconstitutional and in particular as violating the article 24 par. 1 and 2 of the Constitution, referring the matter to the Plenary of the Court for final judgment.
"Following this decision and taking into account that there are currently approximately 700 undeveloped plots of land in Voulas, 390 undeveloped plots in Varis and 50 undeveloped plots in Vouliagmenis as well as a large number of plots with small existing buildings (detached houses, duplexes, etc.), whose owners show a tendency to issue demolition permits, in order to take advantage of the overbuilding offered by the above unconstitutional provisions of the N.O.K., it was deemed necessary to suspend the issuance of permits that use of the unconstitutional provisions, until the issuance of the final decision of the plenary session of the CoE" states the Municipality.
During the presentation of the matter, the Mayor of Varis Voulas Vouliagmenis, Mr. Grigoris Konstandellos informed that the Municipality has already, since the year 2020, initiated the process of drawing up and approving a Local Urban Planning Plan, in accordance with article 7 of Law 4447/2016, as is valid, which will constitute the first level of urban planning for the entire area of the administrative boundaries of the Municipality.
After the discussion, the Municipal Council voted unanimously:
a) The decision to partially suspend the issuance of building permits in our Municipality only in cases where articles 10 para. 1, 15 para. 8 and 19 para. 2 para. a' of the New Building Regulation (N.O. K.) 4067/2012 as applicable and especially in their cumulative use, (with the exception of article 25 par.1 which concerns the upgrading of the energy efficiency of the building) articles that allow the granting of height benefits for buildings that meet specific criteria defined by N.O.K. until the issuance and publication of the decision of the Plenary of the Council of State (CoS) related to the above matter.
b) The expediting and immediate completion of the controls of the Construction Service of the municipality, in the buildings to which building permits have been issued invoking the beneficial provisions of the N.O.K.
