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AGRARIAN CONSTRUCTIONS

MEASUREMENTS FOR THE REDUCTION OF THE COST FOR ISSUANCE OF CONSTRUCTION LICENSES IN THE AGRARIAN AREAS WHAT YOU SHOULD KNOW

  1. What measurements have been taken for the reduction of cost.
  2. Abolition of the retention and the remaining surcharges:

The following retention and remaining surcharges are abolished for the issue of the construction licenses:

-the KH statute contribution (a 2% of the estimated work budget retention in favor of the state)

-The state deposits of every kind.

-the stamp dues and

-the contributions in favor of the Technical Chamber of Greece and of the Association of Contractors of Public Works.

1.2 A 50% reduction of the mandatory contributions to the Social Security Institution.

The number of the working days (revenue stamps) that the currently valid regulations provide for as obligatory on the basis of the estimated budget for the issuance of construction licenses, is reduced to the half.

It is to be noted that the above mentioned reduction concerns the minimum obligatory working days (revenue stamps) and not the realized ones, the contributions of which are paid in full.

1.3 Coverage of a part of the Engineers’ fee.

The legal engineers’ fees for the study and issue of construction licenses and the surveillance of construction in the implementation stage, are assisted as follows:

-by 50% are subsidised the expenses (issue of licence – surveillance) for the construction of the first house, storehouse, stable, lodgment and auxiliary buildings.

-by 80% are subsidised the expenses (issue of licence – surveillance) for the construction of fencing, walling, covered cisterns and remaining constructions that are related to the exploitations’ productive procedure. According to the current legislation, the only way of drafting the budget is the analytical one.

2. Which constructions are considered agrarian

2.1 Agrarian constructions are considered:

  1. The first house, the extension and the repair of an existing one, provided that:
  2. -the total area in every case does not exceed the 140 sq. meters and they are included to the

    building plot coverage co-efficient, once for every building plot, including the already

    existing buildings which are being used as houses.

  3. The storehouses, stables, lodgments and auxiliary buildings that are related with the exploitations’ productive procedure, and the total area of the which is defined by a feasibility study for the exploitation (Improvement Project, Agrarian-Economic Study, Development Project, Feasibility Study).
  4. The fencing, walling, covered cisterns and remaining constructions that are related to the productive procedure of the exploitation and for which the only way for issue of the budget is the analytical one and for which the construction necessity is defined in the frame of an Improvement Project for the Exploitation, Agro-Economic Study, Development Project, or Feasibility Study.
  5.  
  6. The agrotouristic installations the total area of which is defined in the frame of a feasibility study.

2.2. As long as they are constructed in an agrarian area by beneficiaries who fulfill the requirements, as follows, and in the same time, the valid provisions of National and European Legislation are being observed.

  1. Which areas are considered agrarian

Agrarian areas are considered:

  1. The mountainous or disadvantageous areas or the areas with specific problems (Municipalities, Communities, Settlements with their own land area) regardless of their population.
  2. The semi-mountainous areas (Municipalities or Communities) with their own land area, as they have been described by the Office of National Statistics of Greece (ESYE), regardless of their population.
  3. From the remaining areas:

-The borderland (of Municipalities or Communities) with their own land area, with a population of up to 5.000 inhabitants, provided that they are not distant more that 30.000 meters from the border and they have not been qualified as touristic, or worthy, or dynamic or proximate to urban areas.

-The areas of Municipalities or Communities with their own land area with a population of up to 2.000 inhabitants, that are located outside the borderland and have not been qualified as touristic, or worthy, or dynamic or proximate to urban areas.

There are no exceptions for the case that the beneficiary is a fisherman.

  1. Requirements in order for you to be qualified as beneficiary:

In order for you to be qualified as beneficiary of the measurement, you must:

4.1. Have the characteristics of a farmer, or young farmer or new farmer or land worker, or forest worker, or fishing worker or a Greek coming from the Former Eastern Europe, provided that you are a permanent resident of an agrarian area, in the ambit of which you are programming the agrarian construction/constructions.

4.2 Civil servant or private employee, or handicraftsman or merchant or free lance professional, provided that you are a permanent resident of an agrarian area or that you settle down for the first time in an agrarian area and only for the construction or extension of the first house (not for other constructions.

4.3 To undertake the commitment for 10 years

  • to remain permanent resident of the agrarian areas.
  • To maintain and to exploit the investments that you availed of without changing their use.
  • to unconditionally accept and to facilitate the inspections made by both the services of the Ministry of Agriculture and of the Prefectorial Local Authority.
  1. Supporting documents that are necessary in order for you to benefit from the measurements:

5.1 In order for you to benefit from the reductions that are provided during the procedure of the issuance of licence for the construction (abolishment of retention and other surcharges, as well as the 50% reduction of the mandatory contributions), the dossier that you will present to the local Urban Planning Office for the issue of the construction license, apart from the necessary data that are prescribed in the Law and the special data that the Urban Planning Office is going to ask from you, especially in the case of the first house, must contain the following additional supporting documents.

  1. A certificate that you dispose of the status of a farmer, new farmer, young farmer, land worker, forest worker, fishing worker or you are a Greek from abroad.
  2. For this reason, you must present in time an application to the Agrarian Development Office, in order for you to take the above mentioned certificate.

    -provided that you have been rendered eligible to the reg. 950/97 (2328/91) with an Improvement Project and that no more than a 5 years period has elapsed or that your access to the measurement of the lump sum subsidy has been approved or preliminarily approved and a decade has not expired, this certificate will be granted to you immediately and without any further procedures.

    - in every other case, together with the application, you must present the additional supporting documents which will be demanded by the Agrarian Development Office, such as the registration to the Farmers and Agrarian Exploitations Record, Tax returns, a residence certificate etc., in order for your application to be examined by the advisory committee of your area.

  3. A certificate of the Competent Service of the local Prefectorial Authority that the place of your permanent residence and of the construction are located in the ambit of the agrarian areas.
  4. A certificate by the President of the village Council or by the Mayor for the place of the permanent residence and the exact location of the construction (exact location, ambit of the Municipality - Community - Settlement).
  5. Written approval of the feasibility study by the Agrarian Development Office:
  6. We remind you that:

    -this study is issued and signed by a private individual member of the Geotechnical Chamber of Greece and is presented to the Agrarian Development Office.

    -in the frame of this approved study you can be assisted also for the constructive part in the framework of the reg. 950/97 and the provisions for loan facilitation of the Law 2520/97.

    -in case that the construction concerns a first owned house, a feasibility study is not required.

  7. A solemn statement that you have aknowledged the terms and requirements and the sanctions that you will be subject to, in case that you violate the above terms and requirements.
  8. In case that the constructions’ license concerns a construction – improvement of the first house, you must additionally present a Solemn Statement that you or your consort or one of your underage or unmarried children, do not have a right of full ownership or possession or habitation or use of an apartment or house that covers your housing needs.

 

5.2 In order for you to be eligible for being given the subsidy, which is provided in a case of construction for the legal expenses paid to your engineer (constructions’ license issue – surveillance) you must present to the local Agrarian Development Office a dossier with the following supporting documents:

-Demonstrative documents issued by the Urban Planning Office and the Social Security Institution that you have received the benefits that fall under their responsibility.

-An attested copy of the construction license.

-A certificate issued by the surveillant engineer that the construction is completed.

-A receipt for rendered services and a demonstrative document issued by the competent bank for the payment of yours engineer’s fee.

-A Solemn Statement that the mentioned expenses were not in the same time subsidised by another program.

  1. Payment Procedure
  2. The Agrarian Development Office approves or rejects the application, after the inspection of the dossiers’ data.

    The approving or rejecting decision will be published for a period of 20 days by sticking up a related announcement on the door of the Community Office or the Municipal Office of the place of your permanent residence.

    After the expiration of the 20 days period, and provided that no plea is presented by you and no opposition raised by a third party with legal interest, a list of payments is going to be issued that will be conveyed to the Agrarian Bank of Greece in order for you to get paid.

    The payment is going to be debited against the credits that will be subsequently sent by the Ministry of Agriculture, provided that it has been informed in relation to this project, by the local Agrarian Development Office.

    In case that you are not satisfied by the initial decision of the Agrarian Development Office, you have the possibility to present a plea.

    You will present this plea to the local Agrarian Development Office and it will be examined by the Agrarian Development Office of the Region you belong to.

    The Agrarian Development Office’s decision, either approving or rejecting, will be executed by the Agrarian Development Office.

    In case that an opposition is filed, it will be examined and afterwards the remaining acts will be taken.

  3. Consequences from the violation of terms and conditions

We hereby remind you that:

-in case that within the 10 years period of commitment, you violate even one of the commitments that you have undertaken, you will be fined by decision of the Minister of Agriculture, the fine amounting to at least the benefits you may have obtained.

-in case that you declare false data in order for you to avail of the benefits, besides everything else, you will be subject to the sanctions that the law provides for.

 

8. Legal Status

(for more information)

Law 2520/97 (The Official Gazette 173/A/97), as modified

Joint Ministerial Decree 328983/98 (The Official Gazette 688/B)

Joint Ministerial Decree 337410/98 (The Official Gazette 712/?), as modified

Joint Ministerial Decree 305/98 (it has not been published)