Imposition of a fee for the Use of Public Spaces
Application to the Municipality, of the person interested to use the public spaces or their territory.
The application shall contain: (a) the full name or the corporate name of the applicant, the type and address of the undertaking in question and (b) the location, extent and type of the applicant for use, as well as the length of time for which it is requested to be granted.
Submitted by the applicant (in person or by post)
The procedure concerns the authorisation of the use of public spaces to citizens and businesses using permanent or temporary pavements, streets, squares and general public municipal areas and their territory, after paying a relevant fee to the Municipalities.
User fee of article 13 of r.d. 20/10/1958 (A 171), as replaced by article 3 of Law 1080/1980 and as case c) was amended by par. Article 16(3) of Law 3254/2004. The fee is set by decision of the Municipal Council and depends on the area, location etc. of the occupied area and the duration of the occupation. The appropriate fee shall be paid either in cash or by a letter of guarantee of equal value, the type of which shall be determined by a decision of the Municipal Council in the relevant municipal or community fund before the delivery of the license, with the number of the collection letter or letter of guarantee indicated thereon. Where a letter of guarantee is deposited, the fee shall be collected in instalments, to be determined by a decision of the municipal council concerned by 31 December of the previous year. If it is established that the payment of the above instalments is overdue, the municipality shall immediately proceed to forfeit the letter of guarantee.
If there has been a similar previous decision of the Municipal Council, a letter of guarantee of good performance of the terms of the license equal to two hundred percent of the fee, which may be forfeited after the competent control bodies have established at least twice the violation of the terms provided. A letter of guarantee need not be provided if the fee for the space allocated is less than €1,000 or €2,200. The amount and type of the letter of guarantee shall be determined by the aforementioned decision of the City Council and may not be greater than two hundred percent of the fee due (see par. 6 of Article 13 r.d., as replaced by par. 4 of Article 16 of Law 3254/2004).
By decision of the Municipal Council, the municipal public spaces authorised to use and the levying of the respective fees have been predetermined as follows: *A) Imposition of an annual fee per square metre, regardless of the time of use and depending on the area of the city in which the used space is located. The mayor shall issue the annual use permit, which shall specify the location and area of the space to be used, the type and duration of the use and the corresponding fee. The granted licence may be renewed by the mayor at the request of the person concerned. *B) Imposition of a monthly fee, per zone and per square metre, in cases of occupation of a pavement or road by those carrying out any kind of technical and construction works. The mayor shall issue a permit for this use. *C)Imposition of a fee for the temporary use of public spaces for up to ten (10) days for the conduct of social solidarity events or actions of tourism, cultural, artistic or public commercial promotion, which depends on the public benefit or not of the event. The mayor shall grant the relevant licence for use by the mayor. -For the collection of the fee a note is drawn up by the beneficiary municipality and the fee is paid to the municipal treasury before the delivery of the license, as follows: # Ιn cash, by writing the number of the collection slip on the licence. # By means of a letter of guarantee in the same amount, with the number of the letter of guarantee and the instalments by which it is to be paid being indicated on the licence. In the event of late payment of the instalments, the letter of guarantee shall be forfeited. # In equal installments within the year, provided that the obligor pays a percentage of the annual fee of not less than thirty percent (30%) and the number of installments to pay the remaining amount.
Article 26(4): Amendments to legislation on the revenues of municipalities and communities.
Article 16(2), (3), (4) of Law 3254/2004: Arrangements on illegal occupation of public spaces.
On the payment of a fee for the use of public spaces.
Article 30(4) of Law 4442/2016: Simplification of arrangements for the authorisation of public space.
Article 66 of Law 4483/2017 : Concession of use of squares and other public spaces for the fee, without auction.
Amendment and supplementation of certain provisions of the legislation on local-authority revenue and of certain other related provisions.
"On the codification into a single statutory text of the provisions in force concerning the revenues of municipalities and communities."
Administrative appeal or contentious appeal pursuant to Article 24 of Law 2690/1999; the person concerned may require either from the administrative authority which issued the act, for the withdrawal or for the amendment of the treatment (applicant) or from the authority which heads the act, for the annulment of the act (terarchical appeal). The administrative authority to which the application is submitted must notify the person concerned of its decision in respect of that application no later than thirty (30) days, unless otherwise provided for.
Application to the Municipality by the person intending to use public spaces or their subsoil, with submission of a letter of guarantee (equal to 200% of the corresponding fee) if the corresponding fee exceeds EUR 1,200.
Question from the Municipality to the police authority as to whether there are reasons relating to the safety of pedestrian or vehicle traffic that require the requested licence not to be granted.
The competent Directorate, following an on-site inspection by a technical team, determines the area of the requested public space.
Calculation of the corresponding fee by the Municipality's Cash Service.
Drafting of a note by the Municipality's Cash Service to the applicant for payment of the fee for use of public spaces to the municipal treasury.
Payment of the fee for use of public space by the applicant to the municipal treasury.
Issuance of licence for use of public space by decision of the Mayor.
Drafting of a note by the Municipality's Cash Service
Payment of the fee for use of public space
Issuance of licence for use of public space