02/09/2026
⚖️ Greek Council of State Decision 454/2026 – Unauthorised constructions in buildings partly dating before 1830 and within protected cultural areas
An important recent judgment of the Fifth Chamber of the Greek Council of State (Decision 454/2026) addresses the application of Law 4495/2017 on unauthorised constructions where a property is subject to cultural heritage protection.
The case concerned a building located in the Old Town of Corfu, an area designated as a historic monument and archaeological site and also included on UNESCO’s World Heritage List. Parts of the building dated from before 1830, while its third floor and attic had been constructed later.
The Council of State made an important distinction:
🔹 Parts of a building dating from before 1830 are protected by law as ancient monuments, without the need for a separate administrative act formally designating them as such.
🔹 However, the prohibition against regularising unauthorised constructions under Law 4495/2017 applies only to the part of the building that qualifies as an ancient monument.
🔹 Therefore, the regularisation of unauthorised works located in later parts of the same building, constructed after 1830, is not automatically prohibited.
The Court further held that the mere fact that a property is situated within an archaeological site or a UNESCO World Heritage Site does not, in itself, exclude the application of Law 4495/2017.
Instead, the competent authorities must carry out a specific assessment of whether the particular unauthorised works cause direct or indirect harm to the protected elements of the cultural environment.
The Council of State therefore annulled the decision of the Minister of Culture, which had rejected the regularisation request as a whole, and referred the case back to the Administration for a fresh assessment under the procedure provided for in Article 116 of Law 4495/2017.
The judgment is particularly significant in practice, as it confirms that cultural heritage protection does not automatically result in a blanket prohibition on the regularisation of unauthorised constructions. The authorities must examine both the date of construction of the specific part of the building concerned and the actual impact of the unauthorised works on the protected cultural asset.