03/11/2026
Properties adjoining watercourses: Public authorities’ liability for unlawful building permits and planning decisions
In judgments 1177 and 1281/2026, the First Chamber of the Greek Council of State clarified that the rules governing watercourse delimitation protect both the environment and the individual rights and interests of private parties.
The cases concerned building permits and administrative decisions relating to land allocation, plot adjustment and the apportionment of compensation, issued without prior definitive delimitation of the watercourse, contrary to Article 6 of Law 880/1979. The provisional delimitation had relied on provisions of the Building Regulation that exceeded the scope of the legislative authorisation.
The Court held that this unlawfulness may establish liability for compensation on the part of the State or another competent public body under Articles 105–106 of the Introductory Law to the Greek Civil Code, provided that the remaining legal requirements are met, particularly damage and a causal link.
In judgment 1281/2026, the Court also held that the allegation that the administration had unlawfully failed to complete the definitive delimitation following an earlier annulment judgment should have been examined.
The practical implications are significant as before purchasing or developing a property adjoining a watercourse, legal and technical due diligence should examine the validity of the delimitation and the relevant planning decisions. The existence of a building permit alone does not guarantee that all legal prerequisites have been satisfied.
These judgments clarify the legal basis for seeking compensation; they do not establish an automatic entitlement to compensation in every case.
