OVERVIEW 

Even the most experienced property lawyers might not have detailed knowledge of the conditions applying in Nea Makri. On this page we're offering our best understanding of those conditions and of other legal aspects relating to Villa Verde.

The geographical directions on this page are approximate and they assume that the front of the house faces west.

TOWN PLAN

Villa Verde is in the 6th sector of Nea Makri which is subject to a draft town plan.

The plan includes restrictions on building density, size and height, rationalisation and widening of roads, the creation of public open spaces and other communal facilities. The 6th sector has the lowest building density (ΔΟΜΗΣΗ) in the Nea Makri area.

 Alth0ugh the plan is still in its draft stage, all development must be in full accordance with the draft.

Before purchasing the land on which to build Villa Verde, an official document was obtained confirming that, under the town plan, a new house could be built there. That permit, dated 3 October 2007, specified the boundaries of the building plot, a total of 737.29 square metres. The garden fence lines were dictated by the proposed new road layout. The land for building was then purchased on 17 October 2007.  It is important to note that the property already had a well because wells are not permitted without a special permit.

Under the draft town plan every landowner must donate a defined percentage of his/her land to the municipality. In some cases the area needed for the new town layout will exceed the mandatory area and that is the case with Villa Verde. Until the plan is implemented Villa Verde will continue to own the land as far as the river to the south and the existing road line to the west. However, a deed had to be signed allowing public access to the part of the land that is outside the garden boundary fence. That deed was dated 2 November 2007 and that land will remain under the ownership of Villa Verde until the town plan is implemented.

Once the plan is implemented, compensation will be due from the municipality for that part of that land which is in excess of the mandatory area. However, the right to compensation was sold to another party on 6 March 2009.

The total area of land currently owned by Villa Verde has been re-measured as 996.91 square metres.

The property's entry in the Municipality's town planning register needs to be updated.  So far this has not proved possible but Nea Makri Municipal staff have advised that it will not be a problem.

PROPOSED NEW ROADS AND FOOTPATHS

The draft town plan includes: widening Pisidias Street to a two-way road with footpaths and extending it with a bridge across the river; constructing a new westbound road with footpath between Villa Verde and the river that will connect the coast road to Marathonas Avenue (the eastbound road will be the opposite side of the river); a wide pathway along the north side of the plot opposite the front of Villa Verde to link Pisidias Street with Apollonos Street. Without future changes to the draft plan, Villa Verde will become a corner property once funding becomes available to implement the plan.

The green lines show the new public highway boundaries and the red lines show the limits of building lines.

VILLA VERDE DESIGN STUDIES

All design studies except that for the roof and the heating/cooling system were carried out by the architects Marinos Ant. Larios and associates, Xenofondos 35, Glyfada. The study for the roof was by Aristidis Karanikolaou, Civil Engineer, Iraklio, Athens.  The heating/cooling system was designed by Sol Energy (now Global Sol Energy), Paleo Faliro, Athens. Full documentation is available.

BUILDING PERMIT AND LEGALISATION

Because of the river along the southern property boundary, permission to build first had to be obtained from the national rivers authority. That consent was given on 23 July 2008 with a condition that a wall should be built; a declaration was made to that effect. An additional official declaration concerning parking spaces was necessary and it was dated 24 September 2008. Building permit number 1826/2008 was finally issued on 19 November 2008 by the Pallini town planning office of the Prefecture of Attica.

At that time almost everyone deviated from the approved design when building new houses. The owner of Villa Verde was no different and he made extensive changes. The result was that the accommodation was much larger than the approved design. Changes can be seen by comparing the permit drawings with the final legalisation drawings.

In 2013 a new law was passed that allowed illegal constructions to be legalised for a period of 30 years on payment of a fine. The fine for Villa Verde was 32,653.39 Euros and it was paid in monthly installments over a seven year period ending February 2021. The house is fully legalised until 6 May 2044.  It seems logical that the Government will demand a further payment in 2044 to extend the legalisation period.

Whilst the fine was substantial, it was small in relation to the building cost. The resulting house is much larger than would now be allowed in that location. Any future demand for payment, perhaps equating to around a thousand Euros a year, should be seen in that context.

Despite the over-building, all building lines comply fully with statutory minimum distances from property boundaries and the river.

An additional permit, dated 31 July 2009, was needed to drill the boreholes for the geothermal heating system. It specified that flow meters must be fitted at both points to demonstrate that water extracted via one borehole is always returned underground via the second borehole.

SUPERVISION OF CONSTRUCTION

In accordance with legislation, Engineers from Marinos Ant. Larios and associates were on site to certify that the steel reinforced concrete skeleton structure was constructed in full compliance with the design. A specialist Engineer from Sol Energy managed the installation of the heating and cooling system in the basement. The owner himself took responsibility for overall daily supervision. A building manager with fifty years experience acted as his consultant.

BOUNDARIES

The boundary fences to the south and west were constructed in full accordance with the draft town plan and they allow for the planned new roads and footpaths to be built in the future. The only minor problem might be associated with the ramp that leads to the back gate.

The retaining walls to the north and east were built with verbal agreement from the owner of the adjacent property.  They were built entirely on land belonging to Villa Verde. The ownership boundary is therefore the outer side of those walls rather than their centre line that might otherwise be assumed. This can be confirmed from photographs taken on 9 and 10 December 2008 that show the old fence posts and the timbering for the new wall.

LAND REGISTRY

The property's entry is accurate and up to date.

ROADWAY

The owners of the properties in Pisidias Street between Villa Verde and Papapoliti Street cut back their hedges on the street side when necessary. Although it does not have an asphalt surface Pisidias Street is a public road. In theory it is maintained by the Municipality. In practice the residents keep the vegetation under control.

PARENTAL DONATION

Under Greek law, on 18 July 2016 the previous owner of Villa Verde signed over to his son and daughter nominal ownership of the property whilst retaining total control over its everyday use during his lifetime.

DOCUMENTATION

All of the deeds, declarations and contracts that are mentioned above are kept in a safe place. Copies can be provided to prospective buyers and their representatives.

PROPERTY TAX

Under the property tax system first introduced in 2011 the annual payment for 2019 was 1,044 Euros.

SURROUNDING LAND

It is important to note that any future development in Nea Makri's 6th sector will be restricted not only by building density, that is the area of the building in relation to the land area, but also by its height.  Specifically, if someone were to build on the plot opposite and to the west of Villa Verde then the height would be restricted to two stories and the building line would be at least as far from the centre line of the proposed new road as is Villa Verde. Similar conditions would apply to any new building across the river to the south. Those building limits are shown in red on the above plan.

There would seem to be no clear ownership of the plot of land to the west of Villa Verde. The owners of three of the four houses that border that plot, including Villa Verde, have verbally agreed to share the very small cost of regularly cutting back any undergrowth to keep the area tidy and to eliminate fire risks associated with overgrown dried vegetation.