Municipalities may not regulate issues of construction works and building restrictions, the Council of State decided

No legislative proviso has granted section authorities authorization to modulate issues related to the conditions for issuing acts for the execution of operation works and the conditions and restrictions connected gathering successful the areas nether their jurisdiction, says a determination of the Council of State.

The determination adds that anything of the benignant is prohibited by the Constitution.

Specifically, the Fifth Chamber of the Council of State (presided by State Counsel Roxanne Giannoulatou and rapporteur Dimitris Pyrgakis) successful its determination No. 1728/2025 states that the contested regularisation was issued without the applicable authorization of the determination of the Municipal Council of the Municipality of Athens, and with which it was ordered:

– the officials of the gathering section not to contented certificates of building conditions oregon gathering pre-approvals with heights higher than those provided for successful the b.d. of 30.8/9.9.1955 oregon the circumstantial newer b.d.s

– Generally refrain from issuing gathering permits that o.k. the erection of buildings successful excess of the tallness permitted nether the supra provisions”.

Consequently, the said determination of the City Council was lawfully annulled, the Council of State concluded.