ELEN
Πολεοδομικο δασικο δικαιο δικηγορος

URBAN PLANNING & FOREST LAW – LAWYER

Urban Planning & Forest Law: Legal Defence with Technical Expertise

Disputes with Urban Planning Authorities and Forestry Departments are among the most complex in Greece, as they require simultaneous knowledge of legislation and technical specifications. At ZIAMPARAS & ASSOCIATES, we offer a holistic approach that bridges the gap between Law and Engineering.

Why is our approach the solution to your problem?

When a property owner faces a fine of hundreds of thousands of euros or a criminal prosecution, mere legal knowledge is not enough.

  • Dual Capacity: Dimitrios Ziamparas, as a Lawyer (National and Kapodistrian University of Athens) and former Diploma-Holding Engineer (Aristotle University of Thessaloniki), can analyse the substance of the violation. We understand the dimensions, deviations and technical errors in on-site inspection reports that a typical lawyer might overlook.

  • Technical Challenge: We do not limit ourselves to legal arguments alone. We challenge the technical basis of fines by reviewing the accuracy of measurements and the classification under the provisions on unauthorised construction.

  • Forest Maps: We prepare and support objections against forest maps, coordinating the legal arguments with photo-interpretation and topographical data.

Urban Planning & Forest Law Services

  1. Urban Planning Violations: Defence against fines for the construction and maintenance of unauthorised structures. Applications for annulment and suspension before the Council of State (StE) or the Administrative Courts.

  2. Criminal Defence: Representation in criminal courts for violations of urban planning and forest legislation.

  3. Forest Disputes: Objections against forest maps, administrative eviction protocols and buy-back of forest lands.

  4. National Land Registry (Κτηματολόγιο): Resolution of disputes arising from erroneous entries combined with urban planning encumbrances.

“In Urban Planning Law, the detail in the topographical survey is just as important as the detail in the statute. We examine both.”

Protect Your Property

The deadlines for objections and appeals in Urban Planning and Forest Law are often peremptory. Do not leave your property exposed.

In more detail:

What is Urban Planning Law and Forest Law?

The subject matter of Urban Planning Law is urban planning and the relationships formed between Urban Planning Authorities and citizens during the application of such planning. Urban planning disputes, like environmental disputes, are administrative disputes — that is, they concern the relationship between the State in general (local authorities, etc.) and the citizen. The citizen turns to the administrative courts (ordinary administrative courts or the Council of State (StE)) for the resolution of the dispute. The problem is that the State is de facto in a superior position vis-à-vis the citizen, a fact that sometimes becomes readily apparent.

The subject matter of Forest Law is the protection of forests and forest lands.

The purpose of Urban Planning and Forest Law is NOT the protection of the individual or of private rights. The public interest prevails — that is, sustainable construction and town planning, and correspondingly the protection of the country’s forest ecosystems.

What is the relationship of Urban Planning or Forest disputes with Private Law?

We often encounter in the documents of the Authorities the phrase that “disputes regarding the ownership issue you mention fall outside the competence of our Authority and the civil courts remain competent”. The Authorities do not resolve ownership issues, for which the only competent body remains (indeed) the civil court judge. For any disputes between citizens, the civil courts are competent. Ownership disputes are private disputes. This means that the opposing party is treated as a private individual. We sue and are sued in the civil courts and CIVIL LAW applies, which is Private Law.

The relevant competent Authority reviews the supporting documents submitted by the citizen (e.g. title deeds, etc.), but only to a certain extent. It rules within the limits of its competence. This essentially answers the chronic question of many owners, who claim: “but I bought it as a farm. How can it be a forest?”. And the answer is that the State is not concerned with what the private title states. It is concerned with the true nature of the land as forest/agricultural, etc.

What does an Urban Planning Law lawyer do?

An Urban Planning Law lawyer deals with the resolution of problems that arise during the interpretation and application of urban planning provisions, as well as the protection of rights affected by the issuance or refusal of issuance of administrative acts of an urban planning nature.

  • Invalidity of building permits and defence of contested building permits before the Administrative Court of Appeals and the Council of State (applications for annulment / interventions)
  • Objections against fines and on-site inspection reports
  • Criminal and disciplinary liability of public officials and consultant civil engineers, architects, etc.
  • Amendments and corrections of Implementation Acts
  • Corrections and supplements of National Land Registry entries
  • Compensation due to street planning and expropriation.

What does a Forest Law lawyer do?

Correspondingly, the Forest Law lawyer deals mainly with the following: classifications, reforestations, Forest Maps, interventions in forests, forest police regulations, hunting, management of forest ecosystems, etc.

 

FREQUENTLY ASKED QUESTIONS ON URBAN PLANNING & FOREST LAW

1. What do I face when I receive an on-site inspection report for an unauthorised construction?

The on-site inspection report from the Urban Planning Authority is the first act that records the alleged violation and determines the fines for construction and maintenance. The amounts may reach hundreds of thousands of euros, depending on the surface area, the zone and the coefficient. In parallel, criminal proceedings are also triggered for violation of the General Building Regulation (GOK). However, the report is not beyond challenge: it often contains technical errors in measurements, incorrect classification under a category of unauthorised construction, or omissions in the reasoning. A review of the technical basis by a lawyer with engineering knowledge can overturn the data and drastically reduce the fine.

2. What can I do if my land has been classified as forest?

Objections against the posting of a forest map are submitted within the deadline set by each announcement of the competent Forestry Directorate. Objections are based on photo-interpretation of aerial photographs from earlier years, on topographical diagrams and on legal arguments concerning pre-existing use or lawful land-clearing. If the objection deadline has expired, other avenues remain available, such as the application for annulment before the Council of State (StE) or the buy-back procedure for forest lands. The title deed alone is not sufficient — what prevails is the actual nature of the land at the critical dates.

3. How quickly must I act after a fine?

The deadlines are peremptory and missing them definitively closes the route of appeal. As a rule, the objection before SYPOTHA is filed within 30 days of service of the on-site inspection report. The application for annulment before the Administrative Court of Appeals or the Council of State (StE) is filed within 60 days of service of the contested act. For objections against forest maps, the deadline is set specifically by each posting announcement. Timely engagement of a lawyer is critical, as the gathering of technical documents and topographical surveys takes time.

4. Which court hears urban planning and forest disputes?

Urban planning disputes are administrative. Objections against on-site inspection reports are first examined by SYPOTHA (Council of Urban Planning Issues and Disputes). The application for annulment against a SYPOTHA decision is filed with the Administrative Court of Appeals, while for certain categories of acts the Council of State (StE) is competent. Criminal prosecutions for violations of urban planning and forest legislation are heard in the criminal courts. Ownership issues, however — e.g. if someone disputes your title — are resolved exclusively in the civil courts, on the basis of civil law.

5. What documents do I need in order to defend myself effectively?

The title deeds of the property are required, as well as any old building permits, topographical diagrams both old and recent, aerial photographs of the critical dates (1945, 1960, 1996 for forest cases), the on-site inspection report itself or the classification act, evidence of lawful use (electricity bills, certificates from the municipality, tax records) and any declarations under the laws on the settlement of unauthorised constructions. In forest cases, photo-interpretation by a recognised photo-interpreter is decisive. Cooperation between a lawyer and a surveying engineer is usually necessary in order to assemble a complete file.

6. What is the role of the lawyer in these cases?

The lawyer undertakes the drafting of objections, oppositions, applications for annulment and suspension, represents the owner before SYPOTHA, the administrative courts and the Council of State (StE), and coordinates the defence in any parallel criminal proceedings. The combination of legal and technical knowledge enables a substantive review of on-site inspection reports, the challenging of measurements and classifications, as well as the correct interpretation of urban planning diagrams. At our firm, the dual capacity of lawyer and diploma-holding engineer ensures comprehensive defence on both the legal and the technical aspects of the case.


Proudly powered by WordPress