3D Restrictions on height development: Greece’s Building Code and the implications after Council of State decisions

Resumo

The paper analyzes the critical conflict between vertical urban growth imperatives and environmental preservation in Greece's regulatory framework. Driven by global urbanization, vertical development is inevitable, yet its governance is complex, relying on the Greek Property Law (GPL) and national Building Code. During the 2011-2020 economic crisis, the Building Code was amended to stimulate the construction sector through "favorable" measures, including height bonuses (e.g., two extra floors for neutral energy footprint buildings) and the exemption of spaces like lofts and balconies from building volume calculations. These provisions were designed to encourage vertical density and sustainable building practices. However, these generalized bonuses generated widespread opposition, as the resulting excessive vertical expansion was perceived by local authorities and citizens as "vertical sprawl," leading to severe environmental degradation and the destruction of traditional urban aesthetics. The subsequent legal challenges culminated in landmark decisions by the Council of State, Greece's supreme administrative court. Asserting constitutional primacy, the court annulled both the blanket height bonuses and the volume exemptions, ruling them unconstitutional due to their failure to consider local planning parameters and their violation of Article 24 of the Greek Constitution (environmental protection). This judicial intervention effectively re- imposed stricter controls on 3D volumetric expansion, revoking numerous building permits. The Greek case highlights the necessity of a context-sensitive and integrated approach to 3D urban planning that rigorously aligns economic development objectives with constitutional mandates for a truly sustainable urban future.