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Arbitrary

Arbitrary

In recent years, the legislator has often allowed the legalization of irregular constructions on land plots or parcels. The legislator made a practical and realistic assumption. Urban planning and spatial arbitrariness were so many that the implementation of the demolition measure, which was normally the legal sanction, became virtually impossible.

Thus, it has enabled citizens to establish their arbitrary constructions by paying a fine (construction and maintenance), which is largely attributed to (in accordance with Law 4495/2017 to the Green Fund by 50%) for works redevelopment and reconfiguration of the environment.

Undertaking in the process is done by engineering and already exclusively electronically. However, if an administrative act is to be challenged, the provisions of administrative law (objections, appeals) are always applied and so, a lawyer who is aware of the grid of the relevant urban and spatial provisions of the law will be necessary.

Legal services are also essential when the property affected by urban planning violations is either demolished or the fines imposed by the town planning legislation have been imposed against the persons and has not been subjected to the legalization status.

The protection of the property and its owner, in this case, is based on two main pillars. Firstly, to their effective protection by bringing them to the appropriate legal remedies and secondly to immediate temporary protection until the case is handed down by the competent court in order to avoid irreparable harm of the owner.

Important! Irrespective of administrative penalties, the breach of town planning provisions is also a criminal offense for the perpetrator. It is necessary to support the accused in the criminal court by a lawyer who knows the relevant urban planning provisions. Special legal provisions may acquit the accused in many cases of such offenses, provided that he is subject to the relevant legalization regime.