New Local Urban Planning Studies and Settlement Boundaries: What Will Change for Properties Previously within Boundaries?
With the new studies of the Local Urban Planning Schemes (LUPS) and the delineation of settlements, which plots that were previously within settlement boundaries may now be excluded and no longer be eligible for construction? What are the key guidelines from the Council of State (CoS) regarding urban planning of settlements? What are the criteria and conditions for the delineation of settlements? And what applies to the delineation of newer settlements?
The Ministry of Environment and Energy (YPEN), in collaboration with the Technical Chamber of Greece (TEE), is implementing the largest urban planning reform since the establishment of the Greek state, the organization of space for 80% of the country. The program, titled "Konstantinos Doxiades," is utilizing resources exceeding €700 million, funded by the Recovery and Resilience Fund.
“2025 will be a pivotal year, as our goal is to finalize the proposals for all the designs by the end of the year,” announces the Deputy Minister of Environment and Energy, Nikos Tagaras, referring to the projects and programs for urban and spatial planning. He explains that this reform includes five actions:
- 255 Local and Special Urban Planning Schemes
- A multi-study for the determination of Receiving Zones for Density
- Design for Settlement Boundary Delineation
- Characterization of municipal roads for all areas outside the planning boundaries.
The Challenge of Meeting Deadlines
However, it should be noted that a critical point remains the timely completion of the studies by June 2026, as well as the approval of the studies by YPEN, so they can pass through the review of the Council of State for all Presidential Decrees by 2027. This remains a challenge for both the responsible ministry and the Supreme Court.
What are the main guidelines of the CoS for the urban planning of settlements?
The main guidelines from the CoS that the planning must adhere to are as follows:
- The expansion of settlements must be reasonable and limited to the absolutely necessary extent.
- Delineation should occur through the issuance of a Presidential Decree.
- Following this, urban planning and implementation actions should take place.
- Documentation is required, and not all isolated rural houses outside the cohesive core of the settlement should be included in the boundaries.
- It is not allowed to re-determine settlement boundaries based on the new actual situation that emerged after the initial determination. Boundaries may only be modified for legal reasons, such as errors in facts, with actions that are to be specifically justified based on specific factual data.
- The delineation by Presidential Decree applies to all settlements, not only traditional ones.
What are the general guidelines for determining which areas will be included in the urban planning scheme?
For settlements with fewer than 2,000 inhabitants, the most recent census data from the Hellenic Statistical Authority (ELSTAT) 2021 (July 19, 2022) is a key element for their delineation.
To determine the polygonal line of boundaries enclosing the settlement area, several data points are considered, including:
a) The creation time of the settlement. b) Its preservation in the same or original location. c) Cartographic evidence (old topographic drawings or maps) or other evidence (e.g., contracts) indicating the existence of the settlement as a self-contained urban unit with buildings (residences, warehouses, etc.) and basic public services (shops, churches, schools, squares, etc.). d) Population data from the 1920 census and subsequent census data for checking the settlement’s population growth. e) Other urban planning and spatial data concerning the terrain’s morphology, building structure integrity, and population density type (low, medium, or high). f) Historical elements and government actions that contributed to the "real" state of the settlement until today, governed by the pre-1923 urban planning status. g) Existing administrative actions that defined the settlement boundary according to the then-current regulations. h) Aerial photographs, maps (Geographic Service, Cadastre, etc.) that depict the settlement. i) Input from other relevant services concerning protected areas (forests, archaeological sites, traditional settlements, Natura areas, etc.).
What about the delineation of newer settlements?
For newer settlements (after 1923), documentation is gathered to prove the real situation at the time of the publication of Law 1337/1983 or the 1985 Presidential Decree.
Correction of errors in old delineations is allowed, provided there is substantiation based on actual data that was not considered during the original delineation. The content of the evidence should ideally relate to a time prior to 1985, demonstrating the settlement as a self-contained urban unit with at least 10 buildings (residences, warehouses, etc.) or other communal functions.
What are the criteria and conditions for settlement delineation?
- Identification and documentation of the "cohesive" parts of the settlement. A cohesive part of the settlement consists of at least 10 buildings with a maximum distance of 40 meters between any two buildings.
- Identification and documentation of the "dispersed" parts of the settlement. A dispersed part consists of at least 10 buildings, with a maximum distance of 80 meters between any two buildings, which, combined with the cohesive part, form the urban fabric of the settlement as it was in 1983.
- Identification and documentation of "sparsely built" parts in areas of new delineation or approval of previously invalidated settlement boundaries.
Can a new settlement be delineated for the first time?
Yes, the delineation of a new settlement is possible within the framework of the Local Urban Planning Scheme (LUPS), which will include one cohesive part and two dispersed parts. Sparsely built and undeveloped areas will be included in zones designated for urban development.
Which plots that were previously within settlement boundaries may now be excluded and not eligible for construction?
After the settlement boundary proposal is determined, areas are identified and documented that must be excluded from the settlement boundaries due to existing legislation. These areas are:
- Forests and forested areas
- Archaeological sites, historical places, protected caves, and other monument-protected areas
- Natural areas of protection
- Zones of high agricultural productivity and irrigated areas
- Areas subject to land distribution or redistribution
- Coastal and beachfront zones, where a demarcated building line exists
- Existing public estates (e.g., coastal areas, riverbanks)
- Expropriated areas due to planned national and provincial roads, railways, etc.
- Geologically unsuitable zones for construction, based on geological suitability studies.
- Watercourse zones. If non-delineated streams exist in the area under study, a temporary delineation study is conducted.
- Zones of other significant natural formations or valuable landscapes.
- Areas unsuitable for other reasons, such as zones with specific safety, health, or traffic requirements.
What other aspects do Local Urban Planning Schemes determine?
The Local Urban Planning Schemes will define:
- Land use regulations.
- Construction terms and restrictions.
- Settlement areas, boundaries, and areas designated for urban development.
- Protection zones and areas for productive activity development.
- Measures for climate change adaptation and emergency situations.
In practice, once the plans are finalized, "maps" and "texts" will be made available that will clearly describe what can be developed, under which construction terms, and in which areas.