No legislative provision has granted local authorities authorization to regulate issues related to the conditions for issuing acts for the execution of construction works and the conditions and restrictions on building in the areas under their jurisdiction, says a decision of the Council of State.

The decision adds that anything of the sort is prohibited by the Constitution.

Specifically, the Fifth Chamber of the Council of State (presided by State Counsel Roxanne Giannoulatou and rapporteur Dimitris Pyrgakis) in its decision No. 1728/2025 states that the contested regulation was issued without the relevant authorization of the decision of the Municipal Council of the Municipality of Athens, and with which it was ordered:

– the officials of the building department not to issue certificates of building conditions or building pre-approvals with heights higher than those provided for in the b.d. of 30.8/9.9.1955 or the specific newer b.d.s

– Generally refrain from issuing building permits that approve the erection of buildings in excess of the height permitted under the above provisions”.

Consequently, the said decision of the City Council was lawfully annulled, the Council of State concluded.