The trial at the Supreme Court on the height of the buildings – The battle of builders, ministry and municipalities –

One of the most important trials concerning matters of protection of the urban environment, which in fact are of interest to thousands of citizens, mainly from the municipalities of the basin, was held in the Plenary Session of the Council of State, under the exemplary leadership of the President of the Court, Michalis Pikramenou.

The trial concerned provisions of the New Building Regulation, which has caused reactions in many municipalities, as it allows the increase in the height of existing buildings, with the conditions being either their energy upgrade, or the smaller coverage of the surface of the plot.

The regulations in question, judged as to their constitutionality or not by the Plenary Session of the Council of State, have divided manufacturers, municipalities, citizens, while the competent Ministry of the Environment, as well as the Technical Chamber, are in favor – which was also done before the Supreme Courts of the constitutionality of the provisions of the NOK, arguing that they contribute to the creation of greener cities and more energy efficient buildings.

However, the counterargument that was formulated before the Plenary of the Council of State by lawyers representing municipalities, such as Alimos, who first opposed the implementation of the NOK, but also of other municipalities, was based on arguments that the implementation of the disputed provisions will transform entire regions and municipalities in concrete cities. It is no coincidence that municipalities such as Alimos, Vouliagmeni, Voula, Kifissia, Cholargos and Papagou have reacted and some of them have long refused to issue building permits for the extension of existing buildings, awaiting the decision of the Plenary which will clarify the landscape.

However, it is extremely important that the E Department of the Council of State, which already dealt with the provisions in question, decided that they are unconstitutional, but due to the great importance of the case and the huge interest in what will be done in the end, the Plenary Session of the Council of State was taken over.

In fact, for the first time, questions from senior judges were submitted to those present on all sides during the trial in order to be answered in writing with memoranda.

The contested provisions

In particular, the subject of the NOK trial held on Friday, October 11 is.

I) if the provisions of the New Building Regulations (NOK), with which incentives are given for the increase of building and the increase of the maximum permitted height (as determined in specific provisions per area), are in accordance with the Constitution, in order to build environmentally friendly buildings and create green spaces.
In particular, the Plenary will judge whether the following provisions of the New Building Regulation are constitutional, which allow

1. the increase of the building factor (by 10%, 15% and 20%), if the developer reduces the coverage percentage of the plot (by 10%, 15% and 20% respectively),
2. the increase in the building factor (by 5% or 10%), if the building is upgraded in terms of energy,
3. the increase of the maximum permitted height of each building by 1 m if the ground floor and pilotis are used as a car park or if a planted roof is constructed with a building or if the coverage percentage of the plot is reduced by 5%;
4. the construction of a planted roof (which includes a building with a maximum area of ​​35 sq.m. and a maximum height of 3.40 m) without counting towards the maximum permitted height of each building,
5. that certain constructions, such as lofts, attics, bay windows, planted roofs and staircases, are not counted in the defined building factor.
6. if before the enactment of these provisions of the NOK, an assessment of their environmental effects had to be preceded, as mandated by the European Directive 2001/42/EC for plans or programs that have significant effects on the environment.

The decision of the supreme court due to the great seriousness of the whole matter will be issued soon.