During the last 40 years the parliament in Greece has voted on too many laws for the protection of forests.
The current legislation in effect is Law 998/1979 and it has been amended with Law 4280/2014.
The Law provides the concept of what a forest or wooded area is and the criminal and administrative sanctions.
Given the lack of definitive forest map, the classification of a forest area is so far taking place at the request of the person concerned or ex officio by enactment of the forest officer or the forest agency.
When a forest area is destroyed by any manner of intervention, it is automatically declared as reforestation area, without any notification as published in the Government Newspaper and is therefore considered as a forest area.
As a result, if a post intervention forest area is hereafter declared as a re-fostered area, and then someone intervenes in it in any way (eg olive vaccination) the penalties, criminal or administrative are excessive to a point of crippling. (50.000 euros per acre ).
This designation act of the administration has the meaning determining the nature of the land and not the ownership. (This will be determined by the National Cadaster)
In May 2016 the Law 4389/2016 was introduced for the forest maps designation. It is expected (announced in the press) by 31-12-2016 that our prefect will be the first.
The designation will take place online in a dedicated website for that purpose, and objection deadline will be 60 days for residents of Greece and 80 days for foreign residents from the designation date.
If the deadline expires, all properties that haven't submitted objections, forest maps will be final and will produce an irrefutable presumption in favor of the State.
Every citizen therefore, that owns property outside the city plan, it is advisable to verify with the local Forest Agency in Volos, where the forest maps are located, with his/her documents, namely, a subordinated topographic coordinates and deeds in order to verify that his property is included or part of it in forest maps.
The designation acts, for those who already have them at their disposal, are mandatory taken into account by the new forest map (the problem will be with the old acts concerning designation), but even that will be established.
Attention
The objection process is in essence, the procedure of filing an administrative appeal, of legal nature, and should be done in the above exclusive deadline, in order thereafter to have the right, whoever is not vindicated according to the above process, to recourse to the administrative courts to prove the non-forest area or not.
The objections are submitted:
1. Electronically in a specified formula at the above mentioned website, where a protocol number will be issued.
2. A file must be sent in hard copy containing a memorandum pleading the grounds of objection and equitable interest along with supporting documents, topographic coordinates, the Protocol and the public fee for the forest agency.
3. You have the right to appoint a technical advisor in support the memorandum.
The objections are examined by special three-member committee, and hearings dates are announced at which there may be present, other than the applicant lawyer, the technical consultant so as to verbally analyze the issue at hand. The Committee shall conduct autopsies when appropriate.
After hearing is completed, the results are announced in 4-6 months also online and then the applicant's deadline starts for appealing to the administrative courts. (Appeal to the Council of State)
Our Law firm is already ready along with its associates engineers, surveyors and forester experts, to undertake this work in locating your property on the forest maps, drafting new topographic coordinates, if necessary, and the appeals-objections ad hoc .
Since the issue is time sensitive, it would be wise to contact our office with an email in order to have sufficient time to prepare the all document in time.