Legislative Developments

Law 5197/2025 (Government Gazette A’ 76): Amendments to the Code of Administrative Procedure, the Code of Criminal Procedure, and the Notaries Code – Provisions on Urban Planning Incentives under the NOC and Cadastral Mediation

On 16 May 2025, Law 5197/2025 was published in the Government Gazette (A’ 76) under the title:
“Legislative Interventions concerning the National School of Judicial Officers, the Code on the Organization of Courts and the Status of Judicial Officers, the Notaries Code, and other provisions.”

This legislative development introduces significant amendments to the Code of Administrative Procedure, the Notaries Code, and includes regulatory adjustments related to urban planning incentives under the New Building Code (NOC) and cadastral mediation.

Key Provisions Relevant to Legal Practice:

1. Administrative Litigation – Amendments to Laws 702/1977, 1406/1983, and the Code of Administrative Procedure (Articles 27–30)

To ensure a cohesive and efficient adjudication of related administrative disputes, Law 5197/2025 incorporates supplementary procedural provisions in light of the jurisdictional shifts introduced by Law 5172/2025 (A’ 10).

Notably, Article 30 reforms the procedure for issuing payment orders, aiming to expedite the delivery of administrative justice. Specifically, Articles 272B and 272C of the Code of Administrative Procedure are revised to establish a more streamlined and practical framework.

Key update:

• Where the Administrative Court of Appeals has jurisdiction, an application for a payment order may now be filed at any Administrative Court of First Instance within its territorial jurisdiction.
• The registry is then required to forward the application to the competent Court of Appeals within eight (8) days, without further procedural burden on the applicant.

2. Notarial Regulations (Articles 41–43)

Law 5197/2025 introduces key adjustments to the legal framework governing notaries:

• Raises the upper age limit for notary appointments;
• Defines the procedure and number of positions to be filled through competitive examination;
• Enables notary transfers for health-related reasons, introducing flexibility in cases involving serious medical conditions.

These amendments enhance the functionality and accessibility of the notarial profession while safeguarding procedural integrity.

3. Cadastral Mediation (Article 59)

Article 59 establishes a mandatory mediation framework and promotes out-of-court settlement mechanisms for disputes falling under Article 6(2) of Law 2664/1998 (cadastral claims), particularly where the defendant is a local authority, a public law entity, or the State.

This provision aims to:

• Alleviate court congestion,
• Accelerate the correction of cadastral records,
• Reduce unnecessary litigation,
• Protect individuals from unjustified property encumbrances.

The law underscores mediation as a preferred resolution tool, reinforcing efficiency and legal certainty in property disputes.

4. Urban Planning Reforms – Abolition of Certain NOC Incentives (Articles 66–71)

Pursuant to recent Council of State rulings, Law 5197/2025 abolishes certain urban planning incentives and increases under the NOC that were deemed unconstitutional.

Key elements include:

• Article 67 stipulates that building permits issued using such incentives up to 11 December 2024, for which construction has not yet commenced, must undergo revision to remove the invalidated benefits. This revision is to be carried out immediately and with priority by the competent Urban Planning Services, without any fees, taxes, or contributions due to the State or municipality.
• If construction has commenced by 11 December 2024, the prior use of incentives remains valid, but no further extension is permitted unless compatible with current planning metrics.
• Any fees paid corresponding to the now-invalid incentives may be reclaimed, subject to the applicable provisions.

Compliance with the construction commencement deadline is monitored either:

• by the relevant Urban Planning Authority during permit revision or through ex officio inspections, or
• by a Building Inspector, as part of the procedures under Article 44 of Law 4495/2017.

For further insights or legal guidance regarding the implications of Law 5197/2025, our team remains at your disposal.

‍