The Council of State (StE), in a recent ruling (Council of State 1779/2025), has once again imposed strict limits on out-of-plan development, annulling a building permit concerning a property in the area of Alyki, Paros. The Supreme Administrative Court targeted the legitimisation of access to plots through private arrangements.
In this case, the Council of State found the prior ruling of the Administrative Court of Appeals to be erroneous. It rejected the owners’ attempt to acquire “frontage on a common space” through the notarial conveyance of a private strip of land (397 sq.m.). The Court’s reasoning is clear: neither private intent nor a mere demarcation of a coastal zone suffices. A lawfully recognised and opened road is required, connecting the property to the approved public network. As the greater part of the property is governed by the out-of-plan development regime, the plot was deemed non-buildable, leading to the annulment of the contested building permit.
The legal framework on out-of-plan buildability
For development in out-of-plan areas, plots must have a boundary on a lawfully existing common space (road), and not one resulting from private intent. Lawfully existing roads are understood as international, national, provincial, municipal and communal roads, recognised by State act within the framework of the road network designation. A plot is considered buildable when the road exists lawfully and is already opened, in such a way as to be passable and to provide effective communication with the plot in practice.
What was accepted by judgment 176/2023 of the Plenary of the Council of State, regarding the requirement of frontage on a lawfully existing common space (i.e. designated by State act and opened), also applies to the case of a plot which is bisected by a settlement boundary and falls partly within an out-of-plan area. This strict adherence to the urban planning rule is imposed in order to prevent the creation of private street plans and to ensure the continuity of the network of common spaces, with the aim of rational urban planning organisation. It suffices, however, for the plot to be deemed buildable, that part of it has frontage on a common space under the conditions either of the legislation within settlement boundaries or of the legislation on out-of-settlement development.
- See also article Administrative Law Lawyer
- See also article Contribution in Land and Money
- See also article Lawyer for Application for Annulment
- See also article Lawyer for State Civil Liability
- See also article Lawyer for Petition to the European Court of Human Rights (ECHR)
- See also article SYPOTHA – Unauthorized Constructions
- See also article Fines for Unauthorized Constructions – SYPOTHA – Administrative Court of Appeals
- See also article Annulment by the Council of State of a SYPOTHA Decision
- See also article Administrative Appeal
FREQUENTLY ASKED QUESTIONS ON PROPERTY ACCESS FROM A RECOGNISED ROAD
1. What does “lawfully existing road” mean for my property?
This refers to a road that has been recognised by State act as international, national, provincial, municipal or communal, and which, in addition, is already opened on the ground so as to genuinely serve access to the plot. It is not enough for it to appear as a line on a map or to be depicted as a road on a topographical diagram. According to Council of State 1779/2025 and the Plenary of the Council of State 176/2023, private conveyances of strips of land or notarial deeds do not create a common space for development purposes. This strict approach prevents the creation of private street plans and jeopardises building permits that have been based on inadequate access.
2. My building permit has been annulled — what can I do?
The annulment of a building permit by the Council of State or the Administrative Court of Appeals does not mean an automatic loss of every right. The grounds for annulment are examined: if they relate exclusively to access, a new permit may be sought provided that frontage on a recognised road is documented, e.g. through an application for recognition of a communal road before the competent Municipality, or by submitting a State act of designation. In parallel, an issue of civil liability of the State or of the urban planning authority that issued the erroneous permit is examined, as well as claims against the engineer or seller. The assessment of the case file and the title deeds is the first step.
3. What can I do if the Urban Planning Authority refuses to issue a permit?
When the competent Building Service rejects an application for a building permit on the ground that the plot does not have frontage on a recognised road, an application for annulment is filed before the Administrative Court of Appeals within 60 days of service. In parallel, an application for suspension of execution may be submitted. The legal strategy includes documenting the character of the road with archival material (old maps, aerial photographs, community resolutions, designation acts). In certain cases, it is advisable to first submit an application to the Municipality for a certificate of common use, or to the competent body for the designation of a pre-existing road.
4. Within what time must I take legal action?
The deadline for filing an application for annulment against an act of an urban planning authority is, as a rule, 60 days from service or full knowledge. If the permit has been issued in favour of a third party and affects neighbouring rights, the deadline runs from the time the interested party became aware. Proceedings before the Administrative Court of Appeals usually last 1 to 2 years, while a possible cassation before the Council of State adds a further 2 to 4 years. An application for suspension, where the conditions are met, is heard more quickly and protects the property from execution.
5. What documents are required to substantiate access?
A file is compiled with title deeds and prior contracts, an engineer’s topographical diagram, an extract from the National Land Registry, extracts from old topographical surveys and aerial photographs (from the Hellenic Military Geographical Service or the Land Registry) which prove the long-standing existence and opening of the road. Resolutions of former community councils, road network designation acts, Government Gazette (FEK) plates and any consolidation acts are important. Furthermore, the Electronic Building Identity, certificates from the Municipality regarding common use, and any administrative document concerning the designation of the road are required.
6. What is the role of the lawyer in such cases?
The Administrative Law lawyer undertakes a full study of the property file, cross-checks the urban planning and ownership status against the case-law of the Council of State (in particular Council of State Plenary 176/2023 and Council of State 1779/2025), and assesses whether the conditions of buildability are met. They draft the application for annulment or suspension, represent the owner before the Administrative Court of Appeals and the Council of State, and develop a strategy for the possible recognition of a road or amendment of the building permit. In the event of damage caused by an erroneous administrative act, they file a lawsuit for State civil liability to recover the financial loss.