In light of the disturbances observed last year regarding the beach bars, there was a significant change in the legal framework concerning the territorial limits that a business must adhere to when exploiting a beach, as well as its obligations towards the public, with which it must comply. Additionally, an electronic system was created for submitting complaints, which is quite user-friendly, in case it is found that a business is violating the terms of its license. You can read about all these issues, as well as other equally interesting ones, in this analysis of ours.
1.What areas are considered beaches by law?
In order to understand which areas are protected by law as public spaces, we first need to understand what the law means by the terms ‘shoreline’ and ‘beach.’ Specifically, it’s not just the part of the land that is directly in front of the sea and a few meters behind it, but also the edges of the land that are formed by the terrain (e.g., a small hill made of rocks or a large amount of sand) that are protected.
Additionally, the law protects lakes and rivers from arbitrary construction and exploitation without a permit. This is because they are equated with the sea, resulting in the same restrictions on exploitation being applied, which we will discuss later. It is important to emphasize that the definition of a river and a lake includes the surrounding areas within a 50-meter radius from these natural features. This is done to prevent abusive behavior, such as building an unauthorized structure at a close but not immediately adjacent distance to the beach, claiming that only the beach is protected, which, as we have seen, is not the case.
As for beaches, which are the main topic of discussion in practice, the additional area protected by law starts from where the shoreline is formed, which is the line created by the coastline/wave. Therefore, based on this line under normal conditions (not during extreme weather events), the measurement will be taken to determine whether an area falls within the 50-meter radius required by law and, therefore, whether it is protected or not.
2.What are the conditions for a beach to be protected?
The law itself has exempted from the beaches where construction is allowed a special category of beaches, which, due to their rare characteristics, must be protected from human activities that could harm their ecological beauty. The criterion used to prohibit or not intervene on a beach is whether it has particular ecological features and creates a specific habitat, which is not found elsewhere, and therefore has some characteristics that differentiate it from other beaches.
This criterion, it should be noted, is quite subjective and can create problems in practice. Therefore, to have more certainty about when a beach is protected due to significant ecological value, we must see if the specific area has been designated as ‘Natura’ or not. Generally, the designation of an area as ‘Natura’ is made by a decision of the administration (the Mayor/Regional Governor/Municipal Council or even by law from Parliament), so usually, an investigation is enough to resolve many doubts.
Even if the above investigation does not yield results, we can always consult the cadastral maps, where the relevant indication for the protection of the area will usually be posted, provided that the cadastral registration process in the area has been completed. Finally, if the area has not been registered (and thus we cannot consult the Cadastre), it is worth paying attention to whether there are rare species in the area (either plants or animals) that have lived there for many years, as happens on various islands in Greece. Even if this last criterion exists to a sufficient degree, it is enough to designate the area as protected and to prohibit construction and, generally, the exploitation of the beach for purposes that do not promote the protection of the ecological system.
3.Who owns the beaches?
This issue was widely discussed last year, with some claiming that “the beach belongs to them,” and thus prohibiting access to private individuals, even for just passing through. The law provides a clear answer here, stating that all beaches in Greece belong to the public and are managed by the Public Property Service. This agency can lease these areas to private individuals and generally create contracts aimed at the commercial exploitation of the beach.
The same authority is held by another agency, the Public Properties Company (ETAD S.A.), which, as a state-controlled private company, can enter into concession agreements to lease beach areas to private individuals for a specified period in exchange for compensation that meets the financial needs of the State. However, it is important to note that both of these agencies can only lease the areas and not transfer them entirely (sell/gift, etc.). If there is private property between the beach and the mainland, the owner must provide free passage to those who need to cross it to reach the beach, provided there is no other available path.
An exception to the above is the permanent transfer of a beach area to a business operating there (e.g., a hotel/rented rooms) if justified by reasons of public interest. Such reasons include state revenue during the financial crisis through the utilization of its property, which even extended to the sale of large areas to increase public revenue. In the case of the permanent concession of a beach area, the financial size of the business exploiting the beach is also important, which explains why only a few areas were sold by the State to prominent entrepreneurs and why most beaches are leased annually to other businesses.
4.How can I obtain a beach use permit for my business?
To legally obtain a permit to exploit a beach, the law now outlines a new process that reflects technological advancements. To obtain the relevant permit, the applicant must:
- First, understand the characteristics of the exploitation permit they will receive.
- The permit is valid for 1 to 3 years—no more or less.
- The permit is personal and non-transferable—it is lost if the business owner dies, and generally, it cannot be transferred if the business changes hands (with some exceptions).
- The applicant must participate in a special bidding auction and offer a higher amount than other bidders, which resembles an open auction.
- This auction is held annually by March 31st, and the municipality is required to announce the auction date at least 20 days in advance so that everyone interested can participate.
- The starting bid price in these auctions is relatively high compared to the objective value of the beach area, though not as high as the commercial value.
- If two consecutive auctions do not result in a bidder for the area, the specific area will not be leased to anyone for that year.
- The concession contract may include terms set by the leasing authority, which the private individual must be aware of and comply with. Failure to do so could result in the loss of the permit, even before the exploitation of the beach begins.
5.What obligations should I keep in mind?
Obviously, obtaining a permit to exploit a beach area comes with certain obligations. Failure to comply with these could result in the revocation of the permit, along with administrative and criminal penalties, as we will see below. The licensee’s obligations include:
- Allowing the public to pass through the beach freely and safely, even within a 50-meter radius around it—without unjustifiably obstructing access or placing barriers.
- Installing and maintaining necessary facilities to accommodate people with disabilities for their entry/exit to/from the beach.
- Placing umbrellas, sunbeds, and all necessary equipment for the business’s operation on no more than 60% of the beach’s total area, which can be easily determined using a topographical plan of the area.
- Ensuring that umbrellas, sunbeds, and similar constructions are at least 4 meters away from the shoreline.
- Maintaining the cleanliness of the beach and shoreline area and not placing waste on these areas in any way.
- Posting the concession permit number and all technical details on a sign and informing the public of how they can file a complaint regarding any violations.
- Ensuring the presence of a lifeguard for the safety of swimmers, only if there is no lifeguard already hired by the municipality.
- Not constructing permanent buildings that are not provided for in the concession permit, as well as buildings considered illegal under urban planning legislation. On this subject, especially for out-of-plan construction after recent changes, we have written more here.
6.Can a beach be leased without an auction?
To meet the current needs of transactions, the law allows for the concession of beach areas to certain businesses without the need for an auction. The conditions are almost the same as those we discussed earlier, without the intermediary of an auction, but the law sets a maximum area limit of 500 square meters, and at least 50% of the beach area must remain open for public use.
Specifically, the businesses covered by this provision are organized hotel units, rental rooms operating as a unified business, health-related establishments (cafes, restaurants, etc.), and sports clubs, provided they need the beach area for their activities. Moreover, these businesses do not necessarily need to be located directly in front of the beach but can be nearby, even if a road or plot of land separates them from the beach, which defines the relevant boundaries.
The law also states that a hotel unit, in cooperation with a water sports business, can enter into an agreement for the latter to lease the beach area (or part of it) that legally corresponds to the hotel unit. Both parties (the hotel unit and the water sports business) will be jointly responsible to the public entities that own the respective areas, especially if any damage is caused and a right to compensation arises for either side.
7.Do municipalities have obligations concerning beaches?
Due to the involvement of several entities and businesses in the leasing of beach areas, numerous issues arise that municipalities must regulate, provided they fall under their jurisdiction. Municipalities are required to clean the public spaces on beaches—those areas that have not been leased—and the areas leased to private individuals, if the licensees refuse to clean them. In such cases, they can charge the licensees for the cleaning costs.
Municipalities must also display a sign in a prominent spot on the beach that clearly outlines which areas have been leased and which can be freely used by the public. This information should also be posted on each municipality’s website, accompanied by a relevant geographical diagram. Additionally, municipalities are responsible for conducting inspections on beaches to ensure that licensees comply with the terms of their lease and maintain the cleanliness of the area they’ve been assigned, as well as to check whether unauthorized structures have been built that are not covered by the concession permit.
If a municipality finds that the terms of the permit have been violated (e.g., a beach bar has placed more umbrellas than allowed), they must forward the complaint along with the relevant details to the Public Property Service, informing them of the situation. The same applies if unauthorized buildings or constructions are found on the leased area. However, regarding movable items (e.g., umbrellas, sunbeds), the municipality can remove them from the beach using its own means and store them until their fate is determined by the relevant authorities. Naturally, the licensee can legally challenge the municipality’s actions, as we will discuss further below.
8.Can I file a complaint if I see illegal constructions on beaches?
Following the disputes that arose last year concerning the area legally granted to licensees, the relevant Ministry introduced new technological changes. Specifically, each sign that displays the license for a business to use the beach now includes a unique QR code. Through this code, citizens can file a complaint electronically if they observe violations of the license terms, encroachments on additional areas, unauthorized constructions, etc. Complaints can be submitted via an application that can be installed on mobile phones, tablets, or computers.
The same process can be followed by anyone interested in filing a complaint through the municipality’s website, where they can also find a detailed map indicating which parts of the beach have been leased to private individuals (usually marked in blue) and which areas are freely available to the public. Since the Land Registry Services now carry out inspections using aerial means (drones), there are photos of the corresponding beach areas, allowing for real-time comparison between the area the licensee is supposed to use and the area they are actually occupying.
The recent creation of an electronic registry, which stores all the details of the leased areas, the specifics of the license granted to the business, and the information of the responsible parties, makes it easier to detect violations. Complaints do not need to be submitted with a name, and there is no fee for the citizen to file a valid complaint (unlike in lawsuits). Therefore, it seems that an effective system for submitting and evaluating complaints has started to be implemented, resolving more issues than the previous system created.
9.What penalties will I face if I don’t comply with the terms of the license?
In cases where the licensee does not comply with or violates the terms of their license, the law provides for certain penalties. These penalties are applied proportionally, meaning they are imposed based on the specific violation, starting from the lightest and progressing to heavier penalties if justified by the offense committed. Specifically, the law provides:
- If the beach operator exceeds the terms of the license (e.g., occupying additional square meters), the Land Registry Service issues an order for the immediate removal of the extra constructions/movable items of the business.
- If the beach is being used without any license, an order for removal is issued alongside an order to seal the business, preventing anyone from entering the premises.
- If the licensee has caused changes/damage to the beach, they must restore the area to its original condition before the lease was granted. Restoration can also take place after the lease expires, as the law does not set a specific time limit.
- The same applies to any unauthorized constructions on the beach, which must be demolished by the licensee within 30 days from the notification of the demolition order.
- Additionally, for all the above violations, a fine is imposed on the offender, amounting to four times the fee they paid for the lease, and they are excluded from participating in future beach leasing auctions for 10 years.
- If the violator prevented the public from freely passing through the beach, they are fined between €2,000 and €60,000.
- Furthermore, if the violator made unauthorized changes to the beach, contrary to the license, they are subject to criminal penalties, including at least one year of imprisonment and a financial penalty.
- The sentence increases to at least two years in prison if the actions of the violator caused significant ecological damage to the ecosystem of the area.
10.Can I challenge the penalties imposed on me?
Considering the serious penalties now imposed by law on violators, there are provisions allowing them to defend their interests through legal means. Specifically, if an order is issued against the violator for the removal of the business’s movable items (e.g., umbrellas, sunbeds) or even an order to seal the business, the affected party can file an annulment request against these orders. This request must be filed very quickly, within five days of receiving the notification. The court hearing is scheduled within seven days of the request being submitted.
The affected party can also request temporary judicial protection to prevent the business from being shut down or the buildings from being demolished until the annulment request is decided. However, to request temporary judicial protection, the license must be valid, and the affected party must provide the court with proof that they will suffer irreparable damage if the authority’s orders are carried out (e.g., financial ruin or the destruction of the business’s reputation). However, filing the annulment request alone does not automatically suspend the enforcement of the authority’s orders—these will proceed unless temporary judicial protection is granted by the court.
Regarding the fine imposed as an administrative penalty for the violations, the affected party can file a substantive appeal and request that the court either cancel the fine entirely if the legal conditions were not met or modify the fine (i.e., reduce it) if it was excessively high or unjustified by the circumstances. Temporary judicial protection can also be requested in this case under the same conditions discussed earlier.
Next to the client and his needs.
Athina Kontogianni-Lawyer
The above does not constitute legal advice, and no responsibility is assumed for it. For more information, please contact us.