Filenews 1 February 2021
With just one paragraph, the municipalities were de-elected from the field of licensing and in particular the approval of building permits with the full predominance of the Scientific Technical Chamber (ETEK), with whose positions the Minister of the Interior agrees. Municipalities react after not listening to their suggestions that they would continue to play a leading role in the issue of urban planning and building permits.
In the middle is the citizen, in whose name each side has tried to impose its positions. But what does it mean for each applicant? What would generally be desirable is to simplify the procedures, not to run from one office to another, not to beg anyone to do the obvious, to have specialization of the people who handle applications, to complete the examination in days instead of months or even years, but also to have control not only of applications but also on the spot , to ensure that the money someone spends mortgaged their life will not go to them.
While the Government, which has made efforts to reduce the time for examining applications, wants to consolidate the practice and further improve it, while the ETEK, without acknowledging that the aim is to simplify procedures for its members, also has a similar target to the citizen with whom it will do business.
Municipalities may complain because they are being left out, but it is a fact that where the system was functioning satisfactorily or bearable (perhaps also because they were accountable to the citizens) they were relatively close to the citizen/voter.
So what changes from the abolition of some 36 land/planning departments and the adoption of only five (one in each province)?
On the basis of the relevant provision, as formulated by the Parliamentary Committee of the Interior, on the issues of licensing, the responsibilities of the Planning Law (urban permits) and the responsibilities of the Regulation of Roads and Buildings Law (building permits) are delegated to five provincial organizations. They'll decide on licensing. Of course, as the President of the Commission, Eleni Mavrou, told "F", the Parliament leaves a window for the intervention of the municipalities in the sense that each affected municipality will participate in the process directly in the presence of a representative. At the same time, a second provision was included where on the basis of which local authorities would participate in public consultations on projects within their boundaries.
Finally, Mrs Mavrou said that from the licensing process the municipalities will not lose from an economic point of view, since the fees (which are related to their survival) will end up with them.
The president of the Association of Municipalities, Andreas Vyra, had raised the issue of issuing the permits before the Parliamentary Committee of the Interior, recommending the protection and comforts of owners/citizens. He stressed that citizens with whom the Local Authorities have direct contact should have a say in what will be built in their neighbourhood, especially when the proposed development goes beyond the prevailing factors in the area under development.
Savings and accelerated by the ETEC
From the point of view of the ETEK which won the battle of the Parliament, the President of Mr. Konstantinos Konstantis, suggests that with the operation of five provincial organizations that will handle the applications centrally, savings will be created while at the same time speeding up the procedures to end the suffering of the citizen who until recently expected a response even for simple constructions. At the same time, applications will not be rotated from one office to another and from service to service. In addition to checking in the office, control will also be achieved at the construction site, which is considered very important for the quality of the constructions. Along with them, and the protection of the environment.
The president of ETEK also states that especially in the on-site inspection (at the construction site) the officials of the Municipality will actually be next to the citizen carrying out a building check, guiding him at the same time or even resolving his questions. Because of the workload that we recognize, until now they have not been able to offer from the office what the citizen expects and what they can offer from their presence on the ground, he said.
With regard to the powers that municipalities consider to be losing, Mr. Konstantis suggests that the fear of the Local Authorities is excessive. It adds that if the new data are handled correctly, their role will be strengthened in the following aspects:
-In the formulation of the legislative framework, i.e. in its amendments on urban planning and the regulation of roads and buildings.
-In the preparation of development plans e.g. local plans, etc. and determining what you are entitled to raise and where?
-Where a derogation from what the Development Plan specifies (derogation procedure, etc.) may be required.
It observes that building licensing is primarily a technical procedure for examining building specifications of a building. At this stage, he says, there is no discretion, nor are issues of volume, use, distances, and so on considered. These issues, related to the concerns expressed, are typical of planning permission, he adds.
Mr. Konstantis believes that the role of the Municipalities should be strengthened in matters of: Social welfare, cleanliness, maintenance of green spaces, planning and implementation of small projects at neighbourhood level, cultural issues, etc.
The above will apply once the reform of local government is approved or if it is promoted as autonomous legislation.
Or against... Parliament reform of municipalities
The Parliamentary Committee on the Interior has shaped its positions/decisions on municipal reform and summed them up in 11 points.
Decisions on the creation of the 20 municipalities (out of 17 proposed by the Government) are recorded as follows in a preliminary draft Commission report:
1. Establishment of the new municipalities in the context of the reform of local government and integration into them of certain local authorities as municipal departments, following the holding of referendums at the level of local authorities, which are proposed to be held by 31 December 2023.
2. Review of the proposed associations so that, inter alia, some municipalities do not join with any other local authority.
3. Conduct of the next elections at local government level in December 2021, as currently in force, and hold those elections from the year 2024 on and on the same date as the European elections.
4. Exceptionally, the election of elected officials of the local authorities to be elected in the next elections with a reduced term of office, and in particular the end of it on 31 May 2024, when the next European elections are to be held.
5. Transfer to provincial self-government bodies the responsibility for the authorisation of development, since at a later stage the necessary legislation will be promoted to consolidate the planning permit with the building permit.
6. Participation of party candidates, party coalition candidates and independent candidates in the second allocation of municipal councillor posts, whether or not they have been vindicated by any position at the first allocation of seats.
7. Establishment of a ceiling of terms of office for the election of elected officials of local authorities, so that a person who has already served a total of three terms may not be re-elected to the same post.
8. Establish a framework for remuneration and compensation for mayors, deputy mayors and municipal councillors.
9. Provision of State sponsorship to municipalities, in the form of a grant or concession of other State revenue to them, with the approval of the Council of Ministers, in the event of a substantial reduction in revenue from the registration fees for private and public use of vehicles.
10. Review of the fees charged for the collection of dogs, accommodation in tourist accommodation and business.
11. Review of the proposed legislative framework regarding the management of beaches, so that any changes to the current legislative framework can be made at a later stage, while amending the Beach Protection Act.
The purpose of the original bill tabled by the Government is to repeal the existing Municipalities Law and replace it with new legislation, which will govern the operation and governance of municipalities, so that municipalities acquire the necessary administrative and financial autonomy, in order to become economically and functionally viable as local authorities.
