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ARBITRARY BUILDINGS ON THE SEASHORE: what is required, and which properties are legalized

21/09/2024

The government has now made clear its intentions on the elimination of all kinds of arbitrariness and especially arbitrary buildings in forest areas and on seashores. According to a survey conducted in 2004, 92% of registered public and exchangeable estates have been encroached upon, which is a hard blow to civil protection, economic development and the environmental protection and sustainability of the state. Representatives of the Ministry of the Environment, the Ministry of Finance as well as the Council of State have repeatedly made statements that there will be no tolerance for trespassing and that such buildings will be considered condemned, with some exceptions under strict conditions.

More specifically, there are no laws or ministerial decisions that accurately define the limits of the seashore as these are understood to arise from natural phenomena. However, this fact cannot be an excuse for the owners of the arbitrary buildings, and so the buildings and structures that were erected without permission on a seashore site should be demolished regardless of their use, whether they are inhabited or not, and of the year of their construction. The owner, in the event that he is notified of an obligation to demolish his property, should take the appropriate action within one month.

According to an announcement by the Minister of Finance, following the plan, three improvements in the legislative drafting process will be implemented for specific cases related to the reduction of the burden on nautical clubs, the reduction of the percentage of overrun of the permitted beach coverage (probably well below 50%) and the determination of the permissible distances for umbrella seats between small adjacent businesses.

Also, exceptionally, land use can be allowed if it is assumed that for the use of this, there will be some specially documented “overriding public interest”. These cases are very limited as the alteration of the seashore caused by the arbitrariness is contrary to the public interest and therefore these buildings can be very difficult to put under regulation.

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