for tourism investment projects...study and accompanying documentation (including drawings) a....

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LICENSING PROCEDURES FOR TOURISM INVESTMENT PROJECTS

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Page 1: FOR TOURISM INVESTMENT PROJECTS...Study and accompanying documentation (including drawings) a. furnished holiday accommodation (with a minimum surface area of 100 square metres). An

L I C E N S I N G P R O C E D U R E S

FOR TOURISM

INVESTMENT P R O J E C T S

Page 2: FOR TOURISM INVESTMENT PROJECTS...Study and accompanying documentation (including drawings) a. furnished holiday accommodation (with a minimum surface area of 100 square metres). An

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Decis ion for the Approval of Environmental Terms (AEPO)

a.

Hotels of environmental category A (Law 4014/2011, Ministerial Decision 1958/13.01.2012) must have an environmental impact study (MPE) and a decision for the approval of environmental terms (AEPO). In this case, approval of the technical specifications involves the following procedure:

• Application• General topographic plan of the area• Topographic diagram and photos of the land plot• An Affirmation in Lieu in accordance with Article 8 of Law 1599/1986 on the part of the operator • Technical report• Certificates from other competent bodies (e.g. archaeological service, local water board, etc).In the case of a structure that already exists or that is under construction being converted into a hotel, the following supporting documents must also be presented:1. copies of planning permission and corresponding certified plans

2. certification from the competent city planning authority that the structure meets the general and specific planning regulations of the area 3. building permit and corresponding plans certified by the competent Building Service4. certification from the competent Building Service for the structure of the existing building or the building that is under construction in accordance with the general and specific planning regulations of the area, for its original use to be changed to tourism, and for the structural soundness of the building for its new use5. if there is an unauthorised building or an unauthorised part of a building, the declaration of legalisation and copies of certified plans from the planning office are presented

LICENSINGHOTELS

Supporting documents to be presented by the investor so that the suitability of the land plot can be approved The investor submits:

For environmental subcategory A1, the decision for the approval of environmental terms (AEPO) is issued by the Ministry of the Environment and Energy, while for environmental subcategory Α2 it is issued by the relevant decentralised regional administration. At this stage, the competent body Regional Tourism Services or for 4- or 5-star hotels with more than 300 beds, the Special Authority for Promoting and Licensing Tourism Investment Projects (EYPATE) of the Ministry of Tourism, assesses the suitability of the hotel’s land plot and the decision approving environmental terms (AEPO) serves as approval of suitability.

stage1st

Decision for the approval of environmental terms (AEPO)

L I C E N S I N G

P R O C E D U R E S

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Standard Environmental Commitments (PPD)Hotels of environmental category B (Law 4014/2011, Ministerial Decision 1958/13.01.2012) do not require a decision for the approval of environmental terms (AEPO) but are automatically subject to Standard Environmental Commitments (PPD).

stage

Commencement of operation (NOTIFICATION)

3rd When the investment is ready to begin, but before commences operation, the investor submits an online notification via the website (https://www.notifybusiness.gov.gr).

Every notification submitted receives a unique electronic number that is issued by the system. When the procedure is complete, operation of the investment can begin.

The company submits an application with a folder of supporting documents that is sent to the Building Service of the relevant Municipality. After building approval is granted by the Building Service, the Special Authority for Promoting and Licensing of Tourism Investment Projects (EYPATE) grants the building permit through the competent city planning authority under Article 12 of Law 4002/2011.

Supporting documents to be presented by the investor for the commencement of the building approval and building permit procedure The investor submits:

stage2nd

Building approval and issue of a building permit

• Application and an Affirmation in Lieu• Photocopy of the document approving the suitability of the land• Approval of the Architecture Council• Approved environmental impact study (MPE)

b.

Page 4: FOR TOURISM INVESTMENT PROJECTS...Study and accompanying documentation (including drawings) a. furnished holiday accommodation (with a minimum surface area of 100 square metres). An

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INTEGRATED TOURISM RESORTS

L I C E N S I N G

P R O C E D U R E S

stage1st

A joint ministerial decision is issued approving the creation of an integrated tourism resort

Under Article 12 Law 4002/2011, the interested party submits to the Investors’ Support Department of the Special Authority for Promoting and Licensing of Tourism Investment Projects of the Ministry of Tourism (EYPATE), an application accompanied by the following supporting documents:

• a drawing of (1:5000) scale showing the general layout of the buildings and facilities

• supporting documents regarding the suitability of the land plot for the creation of an integrated tourism resort and any additional documents regarding land plot suitability depending on the type of special tourism infrastructure in Ministerial Decision 177/1.2.2012 (Government Gazette

319/Β/14.2.2012), as amended by Ministe-rial Decision 9347/23.4.2014 (Government Gazette 1013 Β)

• opinion on Preliminary Determination of Environmental Requirement, if available• a folder with an Environmental Impact

Study and accompanying documentation (including drawings)

a. furnished holiday accommodation (with a minimum surface area of 100 square metres).

An integrated tourism resort is a five-star hotel built on at least 150,000 square metres of land in combination with:

special tourism infrastructure facilities which are part of the resort.b.

The EYPATE Investor Support Department checks that the suitability folder is complete and makes sure that the investor provides all required supporting documents. The Environmental Impact Folder is then forwarded to the competent environmental authority for licensing in accordance with the current legislation (Law 4014/2011).

After the opinion regarding suitability has been sent, EYPATE is responsible for issuing the Joint Decision of the Minister of Tourism and the Minister of the Environment and Energy approving the creation of the particular integrated tourism resort and setting out its technical and environmen-tal characteristics.

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stage2nd

Issuance of a building permit

Competent service: EYPATE – Planning Office

For a building permit to be issued for an integrated tourism resort, a building approval must be first obtained from the Building Service of the relevant Municipality (Government Gazette 237/Α/05.12.2012, Article 19).

stage4th

Commencement of operation (NOTIFICATION)

stage3rd

Establishment of Horizontal or Vertical Co-ownerships and Issuance of the Ministerial Decision on Rules of Co-ownership and Operation of an Integrated Tourism Resort

Competent service: EYPATE – Investors’ Support Department

The investor submits a notarial deed establishing horizontal or vertical co-ownerships and the rules of co-ownership and operation of an integrated tourism resort in accordance with the provisions of paragraph 3 of Article 8 of Law 4002/2011 and Ministerial Decision 125 (Government Gazette 195/Β/2012).

When the investment is ready to begin, but before commences operation, the investor submits an online notification via the website (https://www.notifybusiness.gov.gr).

Every notification submitted receives a unique electronic number that is issued by the system. When the procedure is complete, operation of the investment can begin.

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L I C E N S I N G

P R O C E D U R E S

SPECIAL TOURISM

INFRASTRUCTURE FACILITIES

Under Article 1(3) of Law 4276/2014, the body responsible for licensing special tourism infrastructure facilities is the Special Authority for Promoting and Licensing of Tourism Investment Projects of the Ministry of Tourism (EYPATE). EYPATE is also responsible for facilities accompanying 4- or 5-star hotels with a capacity of more than 300 beds or which are part of integrated tourism resorts.

Decis ion for the Approval of Environmental Terms (AEPO)

Standard Environmental Commitments (PPD)

a.

b.

Special tourism infrastructure facilities of environmental category A (Law 4014/2011, Ministerial Decision 1958/13.01.2012) must have an environmental impact study (MPE) and a decision for the approval of environmental terms (AEPO). In this case, approval of the technical specifications involves the following procedure:

Tourism infrastructure facilities of environmental category B (Law 4014/2011, Ministerial Decision 1958/13.01.2012) do not require a decision for the approval of environmental terms (AEPO) but are automatically subject to Standard Environmental Commitments (PPD). This involves the following procedure:

stage1st

Decision for the approval of environmental terms (AEPO)

For environmental subcategory A1, the decision for the approval of environmental terms (AEPO) is issued by the Ministry of the Environment and Energy, while for environmental subcategory A2 it is issued by the relevant decentralised regional administration.

At this stage, the Special Authority for Promoting and Licensing Tourism Investment Projects (EYPATE) assesses the suitability of the land plot for the special tourism infrastructure and the decision for the approval of environmental terms (AEPO) serves as approval of suitability.

STANDARD ENVIRONMENTAL COMMITMENTS (PPD)At the building approval stage, along with the file of supporting documents, a submission for approval to the Standard Environmental Commitments is filed.

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stage2nd

Building approval and issue of a building permit

The company submits an application with a folder of supporting documents that is sent to the Building Service of the relevant Municipality. After building approval is granted by the Building Service, the Special Authority for Promoting and Licensing of Tourism Investment Projects (EYPATE) grants the building permit for the special tourism infrastructure facilities through the competent city planning authority under Article 12 of Law 4002/2011.

3rd stage

Obtaining a Special Operating Permit (ESL)

A folder is submitted to EYPATE with an application for a Special Operating Permit (ESL) and the supporting documents.

Supporting documents to be presented by the investor in order to obtain a Special Operating permit (ESL) The investor submits:

• Application and Affirmation in Lieu • Copy of a penal certificate for general

purposes• Lease agreement (for a non-proprietary

business)• Decision for the Approval of Environmental

Terms (AEPO)

• Fire-safety certificate issued by the relevant Fire Service

• Certificate of good operation of the sewage system

• Regulation for business operation • Relevant Fees

Disclaimer: Whilst every care has been taken to assure that the information contained in this guide is accurate, Enterprise Greece does not in any way assume liability for any imprecise or erroneous statement contained hereinafter. This guide is intended for informational purposes only; it is not intended to impart legal advice; readers are advised to seek independent legal advice prior to acting on any statements contained herein. The information contained is in no way a substitute for the relevant legal framework, which is binding only in the original Greek legislative texts.

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