The criticism leveled by the Ombudsman, Andreas Pottakis, of the Joint Ministerial Choice concerning the hearth safety measures, that are imposed on property homeowners with the specter of giant fines, undermines the federal government’s environmental coverage.
In a letter addressed to the Minister of Surroundings Theodoros Skylakakis, to the Deputy Ministers Nikos Tagaras, Evangelos Tournas (Political Safety) and Paraskevi Charalambogiannis (Inside) and to Efthimios Bakoyannis (CEO of Spatial Planning), he factors out that the state “just isn’t constitutionally acceptable (Articles 24 and 17 of the Structure) to switch, to a big extent, the obligations of defending property and the atmosphere from fires to non-public people, with excessively, certainly, financially burdensome circumstances for them”.
“The controversial KYA infringes on the constitutionally assured proper to property”, he emphasizes, as the prices of implementing the obligatory fireplace security measures are exorbitant and people residents who can not pay them will essentially be directed in the direction of the choice of transferring their properties or shall be liable to pay excessive administrative fines.
It additionally reminds that with the duty of the state “properties stay inside forest and reforestation areas which, even when they’ve been judged as in the end arbitrary, should not demolished”.
It concludes that the KYA “will result in an extreme monetary burden on residents and in any case, current properties must be exempted from the appliance of the precise provisions”.
Your entire letter of the Ombudsman
Topic: Remarks of the Ombudsman concerning the burning of properties in or close to forest areas (KYA YPEN/DAOKA/55904/2019/23.05.23)
The Ombudsman, following his long-term expertise with regard to the investigation of circumstances for the cleansing of personal lands and the taking of the required fireplace safety measures, wish to carry to your consideration some observations concerning the problems raised by the implementation of the KYA YPEN/DAOKA/ 55904/2019/23.05.23.
The above KYA focuses on fireplace safety measures of the properties, which concern each the shell and the encircling space, whereas they’re utilized along with the fire-fighting provisions, so long as they’re extra burdensome. From the set of measures that the homeowners are obliged to implement, even when the measures that they’re obliged to take have been restricted by round 42966/1311/19.04.24 for this yr, an extreme monetary value arises, typically of a number of thousand euros (e.g. building of a 1 meter excessive pen with non-combustible supplies, set up of fire-resistant exterior frames, set up of non-combustible metallic mesh, alternative of gutters, filling of gaps with non-combustible supplies and even roof alternative, set up of a water sprinkler system, and so on.). Moreover, the variety of residents who shall be compelled to adjust to these measures is
extraordinarily giant, as a result of the mentioned KYA establishes horizontal provisions – with the one parameter of partial differentiation of the obligatory works being the extent of danger of the property – which concern each properties inside and outdoors the plan, everlasting or vacation dwelling properties, in addition to properties of any building date, as many as these to be erected. It must be emphasised that this explicit KYA seems to deal with the safety of personal property, quite than the safety of public property from fireplace.
It must be identified that the state to this present day permits off-plan building, with out having been preceded by a particular spatial planning, with out having resolved the problems of public roads in relation to the buildability of the fields, and so on., whereas it has judged as tolerable the formations of settlements inside forests and forest lands, with the corresponding provisions for residential densities. Fairly, they continue to be immovable inside forest and reforestation areas which, even when they’ve been judged as in the end arbitrary, should not demolished. Additionally, the mixing course of
of the nation’s forest maps is delayed, because the competent objection examination committees are known as upon to handle numerous citizen objections. As well as, there are sometimes delays within the implementation of fireside safety initiatives inside forests and woodlands. The administration and the related our bodies are answerable for taking measures towards fires with the suitable preventive actions (opening of fireside roads, undergrounding of electrical energy cables, cleansing of areas adjoining to the highway community, and so on.), in addition to for fireplace preventing. From the above it follows that the state just isn’t constitutionally acceptable (Articles 24 and 17 of the Structure) to switch, to a big extent, the obligations of defending property and the atmosphere from fires to non-public people, with extreme, certainly, financially burdensome circumstances for them.
Along with the above, the controversial KYA infringes on the constitutionally assured proper to property (Article 17), since, as talked about above, the prices of implementing the obligatory fireplace security measures are exorbitant and people residents who can not pay them will essentially be directed in the direction of the choice of transferring the properties them or shall be liable to pay excessive administrative fines, which haven’t any correspondence with the fines supplied for within the current fireplace rules. On the identical time, the difficulty of the problem of insuring property towards fireplace can even come up, as a result of it’s estimated that insurance coverage corporations would require compliance with the precise measures earlier than coming into right into a contract, whereas the insurance coverage insurance policies at present in drive are very more likely to be amended with extra burdensome insurance coverage premiums for these residents who haven’t carried out the prescribed works.
Within the opinion of the Authority, the firefighting provisions on land clearance that had been in drive and stay in drive till at this time, are adequate, totally practical and relevant by all residents. Particularly, the newest fire-fighting provision 20/2024 offers for the next:
a) Logging and removing of dry and damaged timber and branches, in addition to branches which can be in direct contact with buildings,
b) Elimination of flamable plant materials on the floor of the bottom corresponding to, for instance, foliage, dry grasses and underlying dry branches,
c) Branching of the bottom of the tree crown and growing its beginning top from the bottom floor, relying on the age and species of the tree,
d) Thinning of shrubby vegetation when it comes to floor cowl,
e) Elimination of every other deserted burners, flammable, explosive or flammable supplies, objects
and waste.
The fines had been decided as follows: a. a advantageous of fifty (50) euro cents per sq. meter, with a minimal quantity of 200 (200) euros, b. his expense
skilled cleansing of the world and removing of supplies. In case of non-compliance, the Municipality undertakes ex officio cleansing of the land if the proprietor neglects to take action. The precise fire-fighting provision issues each throughout the boundaries of the settlement, in addition to off-plan pitches with buildings, in addition to areas with out buildings inside 100 meters of the boundaries of the settlements.
In conclusion, the Ombudsman estimates that the measures, that are already in drive with the hearth rules, are full and adequate each for the safety of the atmosphere and properties. Nevertheless, incidents of failure to wash up land ought to in all probability be met with increased fines, in order that residents are negligent in taking the required actions. Additionally, it’s needed to arrange, employees and help the competent companies of the Municipalities in order that extra checks could be carried out regularly. Lastly, in the appropriate course is the creation of a single system for monitoring the controls and the progress of the cleansing of the fields by the central administration.
In view of the above, the implementation of KYA YPEN/DAOKA/55904/2019/23.05.23 will result in an extreme monetary burden on residents and in any case, current properties must be excluded from the appliance of the precise provisions.
With the assumption that the above opinions and proposals will discover appropriate floor and obtain the mandatory consideration, we stay at your disposal for offering additional clarifications.
With worth
Andreas Pottakis
Citizen’s Advocate
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