Against the findings of building inspectors as well as acts or omissions of the bodies of the Municipal Building Services (Town Planning Authorities), issued on the basis of the legislation for the issuance of building permits and the legislation on unauthorized construction, an appeal may be lodged before the competent Council for Town Planning Matters and Disputes (SYPOTHA).
Most cases of legalization of unauthorized construction are processed through the electronic platform of YPEKA/TEE. The contents of the declaration file are created by the engineer and uploaded online under the engineer’s responsibility. All the data of the file are deemed valid and the property is considered settled in town planning terms.
Even if the legalization takes place after an inspection and the drafting of a report on unauthorized construction by the Town Planning Authority, the inclusion of the case under Law 4495/2017 is sufficient on its own to halt the sanctions procedure and place the file in the archive.
However, where a fine has been imposed, particularly if it is high, or following pressure from a persistent opposing party, the Town Planning Authority has the power, after reviewing the file, to annul the legalization on the grounds that the property is excluded from the possibility of inclusion in the Law on unauthorized construction.
The reasons that can lead to exclusion are numerous. In the case of recent unauthorized construction, the date of erection is usually disputed where it is close to 28/7/2011, which has been set as the cut-off date for inclusion. Another reason is the erection of an unauthorized structure on a common area where the consent of the co-owners has not been secured. A complex case requiring great care is the revocation of a building permit where a final and irrevocable court judgment on the unauthorized construction has preceded it. The remaining cases mainly concern the exclusions of Article 89 of Law 4495/2017, regarding the special or protected areas of the country where the provisions on the legalization of unauthorized construction do not apply.
If you have become involved in such a case, you must make use of the possibilities provided by town planning legislation to defend your position. Town planning matters require thorough technical analysis, including before the substantively competent administrative courts, which constitute another option for examining the case.
For this reason the Council for Town Planning Matters and Disputes (SYPOTHA) has been established. It is composed mainly of experienced architects and engineers, representatives of bodies relevant to the area, as well as the legal advisor of the Legal Council of the State of the relevant Regional Unit.
SYPOTHA is something equivalent to the Court of Appeals, if we consider that the Town Planning Authority is the body that decides the case at first instance. The difference is that here the citizen may request reconsideration of the case if they consider that they hold supplementary evidence which could secure a favorable decision for them. In exceptional cases involving very large or special properties, the interested party may appeal to the Central Council for Town Planning Matters and Disputes (KESYPOTHA), a body equivalent to the Areios Pagos.
The citizen does not appeal directly to SYPOTHA, but submits an application for appeal accompanied by a filing fee of €50, to the local Town Planning Authority. The Building Service drafts the recommendation report (usually negative), and forwards the case file to SYPOTHA.
You should be aware that a positive ruling of the Council will free you definitively from the problem, even if the Town Planning Authority is very negatively predisposed towards it. Conversely, if the decision is negative then it will be very difficult to overturn it even before the administrative courts. For this reason, the documentation of your position, the preparation and the appearance before the council are of great significance for the favorable outcome of the case.
For unauthorized construction cases that have entered the dispute procedure, you will need a highly experienced counsel with many successful appearances before similar bodies.
- See also article Administrative Law Lawyer
- See also article Town Planning & Forest Law Lawyer
- See also article Land and Money Contribution
- See also article Civil Service Law Lawyer
- See also article Military Disciplinary Law
- See also article Police Disciplinary Law
- See also article Education Law Lawyer
- 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 Medical Negligence Lawyer
- See also article Fines for Unauthorized Construction – SYPOTHA – Administrative Court of Appeals
- See also article Annulment by the Council of State of a SYPOTHA Decision
FREQUENTLY ASKED QUESTIONS ON SYPOTHA – UNAUTHORIZED CONSTRUCTION – LAWYER
1. What do I face when the Town Planning Authority annuls the legalization of an unauthorized structure?
When the Building Service annuls the inclusion of the property under Law 4495/2017, the owner is faced with the reinstatement of the town planning sanctions: imposition of a fine for erection and retention, demolition order, and inability to transfer the property or connect it to public utility networks.
Common reasons for annulment are the dispute over the date of erection in relation to the cut-off date of 28/7/2011, erection on a common area, the inclusion of the property in a protected zone under Article 89 of Law 4495/2017, or the existence of a final and irrevocable court judgment establishing the unauthorized nature of the construction. The legal response is, as a rule, through an objection lodged with SYPOTHA.
2. What can I do if I receive a negative act from the Building Service?
The affected party submits an objection to the competent SYPOTHA within thirty days of the service of the act or of the building inspector’s findings. The objection is filed with the local Town Planning Authority, accompanied by a filing fee of €50 and a technical documentation file.
An important practical benefit: with the filing of the objection, the enforcement of the sanctions (fines, demolition) is automatically suspended until the issuance of the SYPOTHA decision. In parallel, the interested party may also submit an application for reconsideration to the Building Service itself without a deadline, requesting the proper repetition of the act.
3. How long does the procedure before SYPOTHA last?
SYPOTHA is an Administrative Committee with a judicial function, which sets a hearing date and issues a decision on the objection. From filing to the hearing, several months usually elapse, as the Building Service must draft the recommendation report and forward the file. The exact timeframe depends on the workload of the locally competent SYPOTHA.
Throughout this period, the fines and enforcement measures remain under automatic suspension due to the filing of the objection. After a negative decision is issued, the interested party has a deadline of 60 days to file an application for annulment before the competent Administrative Court of First Instance/Court of Appeals, and likewise 60 days for an application for annulment before the Council of State (StE), where applicable.
4. What do I need in order to substantiate my case before SYPOTHA?
A file is required containing the contested act, title deeds, the building permit or the declaration of inclusion under Law 4495/2017, topographic diagrams, architectural plans, aerial photographs, and a technical report by an engineer establishing the time of erection and the lawful inclusion.
It is particularly important to secure the recommendation report of the Town Planning Authority before the hearing, so that an appropriate rebuttal can be prepared. The objection must be drafted with a combination of legal and technical documentation; for this reason, the lawyer works closely with the engineer on the case.
5. What chances of success do I have before SYPOTHA?
The outcome depends on the quality of the documentation and the specific factual circumstances. A favorable decision of SYPOTHA definitively releases the owner from the problem, even where the Building Service is negatively predisposed.
Conversely, a negative decision is difficult to overturn before the administrative courts, since the substantive judgments on town planning matters are made by a body of technical composition (architects, engineers, legal advisor of the Legal Council of the State). For this reason, careful preparation and appearance at the hearing are critical; for special or very large properties, an appeal to KESYPOTHA is available.
6. What is the role of the lawyer in a SYPOTHA case?
The lawyer undertakes the legal planning of the objection, the analysis of the provisions of Law 4495/2017 and any exclusions under Article 89, the drafting of the pleading with the legal grounds for annulment of the act, and the appearance at the Council hearing with oral argument and a memorandum.
In parallel, the lawyer coordinates cooperation with the engineer for technical documentation, monitors the issuance of the Town Planning Authority’s recommendation, and, in the event of a negative decision, assesses whether grounds exist for an application for annulment before the Administrative Court of Appeals or the Council of State. Experience in similar appearances is essential for the outcome of the case.