Until recently, finding a zoning violation in a commercial space did not necessarily mean the immediate suspension of its daily operation. Filing a quasi-judicial recourse before SYPOTHA acted as a protective shield.
This regime now belongs to the past.
With recent legislative changes, the landscape for businesses housed in properties with pending town planning issues is becoming extremely strict.
According to Article 93 of Law 4495/2017, the rule was clear: As soon as the owner or business operator filed a quasi-judicial recourse against the inspection report, the process "froze" automatically until the decision on the recourse was issued.
No administrative measure, such as a demolition protocol or the imposition of construction and maintenance fines, could be executed before the final decision was issued by the competent SYPOTHA. The finalization of the violation was subject to the rejection of the objection.
The introduction of Article 125IST to Law 4495/2017 (via Article 74 of Law 5106/2024) brings a radical and aggressive curtailment of this protective rule, especially for spaces where economic activity is carried out.
Now, in the event that unauthorized buildings, structures, or unauthorized changes of use are detected in a commercial space, the competent bodies act by immediately imposing the following sanctions:
The biggest overturn lies in the fact that the temporary suspension of operations and the sealing of the space are imposed regardless of the filing of a quasi-judicial recourse. The business will remain sealed throughout the entire period your recourse is being examined. Furthermore, violating the seal constitutes a criminal offense and is punishable under Article 178 of the Penal Code.
The law now gives the auditing bodies the ability to even request the disconnection of the property's electricity supply from HEDNO, depriving the business of any operational infrastructure.
It is worth noting that this new provision is of immediate application. No ministerial decision or regulatory act is required to activate it, as it was explicitly exempted from provisions requiring further specification.
The new reality leaves no room for delays or judicial stalling. If your commercial premises face pending town planning issues, the risk of a sudden shutdown is immediate, carrying catastrophic consequences for the financial viability of your business.
Do not wait for the inspection report. Contact the specialized team of valaw.gr today for a full audit and the legal fortification of your commercial property.
