Property, Plots of Land and Open Spaces Fire Protection – Regulations for Each Case

The Ministry of Environment and Energy, taking into account requests from municipalities and citizens, announced that it will proceed with amending the relevant Joint Ministerial Decision (JMD) to extend the deadlines for submitting the information as follows:

1. For conducting the risk assessment and submitting the technical report by 04/26/2024.
2. For taking measures and submitting the owner’s declaration by 05/26/2024.
3. At the same time, a new circular with detailed instructions on all the issues mentioned in the JMD will be issued immediately.

In addition to the regulation established by JMD YPEN/DAOKA/55904/2019 (Government Gazette 3475/24-05-2023), there are other legislative provisions concerning fire protection of plots and uncovered areas, which include:

A) Law 5075/2023 (Government Gazette A’ 206/12-12-2023) which specifies the annual actions of landowners and establishes a “Registry for Maintaining Preventive Fire Protection Measures of Properties and Cleaning of Plots and Uncovered Areas”, where an annual declaration of the prescribed plot cleanings must be submitted by April 30 each year by the owners, imposing a fine of €1,000 per owner for cases of non-submission, including imprisonment and high fines for submitting false declarations.

It is noted that the National Registry for Maintaining Preventive Fire Protection Measures of Properties has not yet been created.

B) The amendment of Ministerial Decision 18851 oik. F.700.20/Government Gazette 2549B/19.4.2023 by the Deputy Minister of Climate Crisis and Civil Protection, which approved Fire Safety Regulation no. 20/2023 on: “Determination of preventive fire protection measures for plots and other uncovered areas located in areas within approved urban plans, within settlement boundaries without an approved urban plan, in areas located within a radius of 100 m from the boundaries of the aforementioned areas, as well as in out-of-plan plots with buildings” by Ministerial Decision 21837 oik. F.700.20/2024-Government Gazette 2695/B/9-5-2024.

• Which properties (plot or field along with the building on it) does the new regulation apply to?

The regulation applies to properties with buildings that are located:

1) In forests or forest ecosystems or forest areas.
2) In grassland areas located on semi-mountainous, mountainous, and uneven terrains, whether public or recognized as private.
3) In flat grassland areas (non-mountainous or semi-mountainous and not on uneven terrains).
4) Wholly or partially within a radius of 300 meters from the boundaries of forest areas.
5) Within peri-urban green spaces and designated reforested or to-be-reforested areas.
6) In parks and groves within cities and residential areas.

• What are the basic fire protection measures for properties?

The preventive fire protection measures include, among others:

1. Access to the property, the creation of a protection zone with a minimum width of ten meters in three levels to slow the fire’s progression and allow firefighters to intervene.
2. It is also specified that storing combustible or flammable materials and objects, storing firewood near buildings, and storing flammable materials such as fuels for gardening machinery is prohibited.
3. For existing buildings, the lawful maintenance of existing above-ground gas fuel tanks will continue to be allowed exceptionally until 31.12.2030.
4. Additionally, regular cleaning of yards, roofs, and gutters from debris and vegetation residues is required.
5. Property owners in these areas must prepare an evacuation preparation plan in case of fire.
6. Fencing is mandatory, even for existing buildings.
7. The replacement or addition of screens with metal fibers on building frames is mandatory for properties of high and particularly high risk.
8. In the case of renovation, it is also mandatory to clad the building with non-combustible materials (e.g., plaster, brick, stone, etc.).

• What applies to plots and uncovered spaces?

As mentioned earlier, the 20/2023 Fire Safety Regulation and Law 5075/2023 apply, requiring owners to clean their spaces from April 1 to April 30 each year and maintain them throughout the fire season, from May 1 to October 31, to prevent the risk of fire or its rapid spread.

• Who has the obligation to clean up their plots of land?

Owners, landlords, usufructuaries and tenants:

(a) plots of land and other uncovered areas located in areas within approved urban development plans,

(b) land and other vacant land situated in areas within the boundaries of settlements without an approved town and country plan,

(c) land located within a radius of 100 m from the boundaries of town and village plans; and

(d) land with a building outside the plan, for land not subject to the provisions of forestry legislation, in accordance with the forest map of the area and after informing the competent forestry service.

• What does the cleaning of plots and fields include?

The required cleaning includes:

a) Pruning and removal of dead and broken trees and branches, as well as branches in direct contact with a building.

b) Removal of combustible plant material on the ground surface such as but not limited to leaf litter, dead grasses and overlying dead branches.

c) Removing the base of the crown of trees and increasing the height of the crown from the ground surface, depending on the age and species of the tree.

d) Thinning of bushes in terms of ground cover.

e) Removal of any other abandoned burners, flammable, explosive or combustible materials, objects and debris.

Operators must ensure the safe collection and transport of all cleaning residues and their abandonment, dumping or uncontrolled management is prohibited.

• What happens when someone does not comply?

After the expiry of the time limit, the municipality concerned carries out an ex-officio clean-up, while in the case of fenced or adequately walled areas, it requests the locally competent Fire Service to carry out an autopsy, which confirms the existence of a risk of causing or rapidly extending a fire, and on the basis of this, it ensures the issue of a public prosecutor’s order under which it carries out the ex-officio clean-up of the areas referred to in the above paragraphs.

In case of non-compliance of the obligated persons in the fulfillment of the cleaning obligation, as well as in case of spontaneous cleaning by the municipality, a fine shall be imposed on the obligated persons.

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