9/23/2026
Two important decisions issued by the Greek Council of State (ΣτΕ) in 2026 introduce stricter requirements for Municipal Building Authorities, with significant implications for property owners, engineers and real estate transactions.
One decision, ΣτΕ 1104/2026, concerns cases where a building permit file has been lost by the authorities. In such cases, the competent Building Authority must formally reconstruct the file. Simply locating some old plans or documents is not sufficient. The loss and the completion of the reconstruction must be officially documented and communicated to the interested party. The reconstruction procedure should generally be completed within 30 days of the loss being established.
The responsibility for locating missing documents does not automatically fall on the property owner or engineer when the file was lost by the Administration. This is particularly relevant for older properties, where original plans and other building documents may no longer be available to the owners.
The distinction between a lost permit file and an annulled building permit is particularly important. A lost file does not mean that the building permit itself has been cancelled. In contrast, the Council of State's decisions ΣτΕ 1182 and 1183/2026 concern permits that have been judicially annulled. The Court ruled that such permits cannot simply be treated as valid again through an automatic process for regularising unauthorised constructions.
For the real estate market, these decisions highlight the growing importance of proper building documentation and accurate planning records. They may be particularly relevant during property transfers, technical due diligence and the preparation of building documentation, where the availability and legal status of permit files can directly affect the transaction process.
The decisions also reinforce the need for Municipal Building Authorities to improve the organisation and digitisation of their archives. The new Spatial Planning and Urban Development Code (Law 5306/2026) provides, among other things, for procedures concerning the reconstruction of building permit files and the potential electronic submission of relevant documents through the e-Άδειες system.
Overall, the 2026 case law places greater emphasis on formal procedures, complete documentation and compliance with court decisions, while highlighting the importance of well-organised and digitally accessible property records for the Greek real estate sector.
Source: https://www.myota.gr/2026/09/19/στε-νέες-υποχρεώσεις-για-τις-πολεοδομ/?fbclid=IwdGRleAUc4PhwZG9mBWZkaWQWUOygjmhUiv07ImechJQf_LeHGyD0ImV4dG4DYWVtAjExAHNydGMGYXBwX2lkCjY2Mjg1NjgzNzkAAR547kk1Uhklm38kgmqaz1DKQpvDZ-VS3B1lZy6-zwXmhJEpJEwN9sa9b2VwLQ_aem_B-7xyYlc4lei7UTX13XkuA