REAL ESTATE DATA SOURCES
Property Law in Greece.
Overview of Property Law in Greece
Property law in Greece is governed by a comprehensive legal framework that regulates the ownership, use, and transfer of real estate. Key aspects include the registration of property transactions in the Hellenic Cadastre, adherence to zoning laws and building regulations, and the distinction between private and public property rights.
Property owners are subject to various taxes, such as the ENFIA, and must comply with specific legal procedures for buying, selling, or inheriting property. The legal system also provides mechanisms for resolving disputes related to property ownership and use, ensuring the protection of property rights for both individuals and legal entities.
Should real estate rights, interests and transactions be registered ?
Registration is obligatory for:
- Sale contracts
- Contracts granting surface rights
- Mortgages
- Pre-notation of mortgage
- Establishment of horizontal/vertical ownership, easements, or usufruct
- Acceptance of inheritance
- Donations
- Expropriation declarations
- Final court decisions acknowledging ownership by adverse possession
- Timeshare contracts
- Condominium lease agreements
- Leases of buildings for activities financed by the Public Investments Programme
Additionally, leases with a term of nine years or more must be registered to protect the lessee’s rights if the property is sold. A lawsuit claiming property rights must also be registered; otherwise, it will be dismissed by the court without prejudice.
What are the documents required for proceeding to the Cadastre registration? Can the process be completed electronically?
For registration in the Cadastre, a formal application must be filed along with supporting documents.
Depending on how the property ownership was acquired, supporting documentation needed may differ. The basic documents, however, include the following:
• Application Form – online or hard copy when physically submitted
• Title Ownership – photocopy or scanned when submitting online
• Topographic diagram or site plan
• Greek Identification Card or Passport Information
Electronic submission is also available. The rights holder must pay the required fee (€35 for each specific right or €20 for auxiliary spaces), as well as an additional amount after registration (depending on the property tax value).
It is essential to indicate the location of your property, and if recent topography surveys with coordinates are unavailable, you can visit the official website www.ktimatologio.gr to identify your property.
What rights in land properties should be registered (or not) ? Is there a state guarantee of title?
In Greece, all land properties are required to be registered at the local Land Registry or Cadaster Office. Moreover, foreign property owners or potential property buyers of such properties should be aware that Greek law recognizes no state guarantee of title.
Nevertheless, registration produces an irrefutable presumption as to the owner of the property.
Are rights to land and constructions on the land legally separable?
Under Greek property law, land and constructions are generally considered as one entity, with two notable exceptions:
- Horizontal/Vertical Properties: This refers to joint ownership of land and common spaces, alongside separate ownership of individual units within a building, such as apartments in a block.
- Surface Rights: In this case, the beneficiary does not own the land itself but has full authority over its use and any constructions on it.
Is the title deed registration compulsory and if yes, why?
Any individual or legal entity with real estate property rights of any kind (including is obliged to register their rights to the Ktimatologio (Hellenic Cadastre). All persons/entities who manage real estate properties that are not their own (e.g. a will administrator, a bankruptcy trustee, a vacant succession administrator, a will executor, a real estate property administrator etc.) are also obliged to submit a declaration.
The Greek Civil Code provides for the general conditions under which a deed is registrable in the Land Registry. However, special laws and regulations also take place for the registration of specific categories of acts.
As a rule of thumb, a deed is registrable when it creates, modifies, transfers or establish property rights on an immovable property. Unless stipulated otherwise by law, other contractual agreements valid between parties (“inter partes”) involving the use of land are not, in principle, subject to registration.
Registration in the Land Registry is a necessary precondition in order for the property transaction to produce proprietary (legal) effects ‘erga omnes’.
In this respect, registration has significant force to claim ownership.
Greek Property owners that fail to register on time will lose their rights. The Greek government after the respective deadline lapse will be entitled to ownership rights for any ‘unknown’ property that has never been declared.
Can the Land Registrar decide not to register a property because of a problematic deed?
The Land Registrar performs a holistic legal assessment of the presented property deed and decides whether the deed fulfil the criteria set by law in order for it to be registered and to produce legal effects erga omnes.
However, in case the Land Registrar – according to his/her assessment outcomes – decides that the deed should not be registered, he/she rejects the deed within the next 24 hours by means of a written justified act subject to a court appeal by the interested party.
How can I find out how much my registration fees will be?
Once registered, property deeds are book-bound and stored in the Land Registry. All Land Books exist in paper format form. To ensure the integrity, accuracy, authenticity, and reliability of the general indexes and the personal records these data are also kept in electronic format.
Registrations are made upon payment of special registration fees prescribed by law. Depending on the type of the deed to be registered there are standard fees and proportional fees with reference to the value of the transaction.
What information is recorded in the Cadastral books?
What information is recorded in the Cadastral books?
Recorded information includes:
- the rights holder’s name or regal entity’s name and physical address;
- a description of the property type and the nature of the right registered;
- the deeds proving the ownership right;
- topographic diagrams;
- subsequent transactions, if any
- any other information necessary to identify the property and/or the property owner.
The information contained in the Cadastral books is publicly available.
What are the city-planning and environmental limitations that can affect real estate property?
Article 14 of the Constitution of Greece outlines special preventive or repressive measures to preserve the natural and cultural environment. This includes protection measures for forests, master planning of the country, and urban development.
Transfer of ownership or granting of limited real rights may be prohibited, limited, or require special permits from authorities under specific laws. Notably, areas designated as border zones, forests, or subject to city-planning restrictions have additional regulations.
Furthermore, archaeological sites and environmental considerations, including coastal protection, also play crucial roles in property regulations and development. Compliance with these regulations is essential for property transactions and development projects to proceed smoothly.
Requesting certified copies of the registered acts.
Any interested person may obtain information from the Land Registry without having to prove specific legitimate interest. Upon request and after the legal fee has been paid, the Registrar issues certified copies of the registered acts, as well as a series of certificates.
The certificates are issued in paper form, since so far the law has not provided for electronic issuance and signature of the certificates. Apart from the certified information one can obtain from the Land Registries, there is also the possibility for on-the-spot queries.
In which way the property owners of registered real estate assets prove their ownership title in Greece?
Ownership certificates are issued by the competent Land Registry or the local Cadaster Office. Registration of real estate deeds can be proved by a recent certified copy of the title deed by the Land Registry or Cadaster Office.
Likewise, a lawyer has the competency to certify the ownership of a real estate asset after performing due diligence to the relevant registries.
Fees and expenses connected with the execution of the notarial purchase deed, to be paid by the purchaser:
Notarial fees: These are calculated on a sliding scale based on the value of the purchase deed, ranging from 0.80% for the value up to €120,000.00 to 0.10% for any amount beyond €20,000,000.01. Notarial fees are subject to 23% VAT.
Lawyer’s fees: While the presence of a lawyer at the time of executing the purchase deed is no longer legally required, it is strongly recommended to ensure the accuracy of the deed’s content, including the property description and the chain of title. Lawyer’s fees for performing legal due diligence and attending the execution of the purchase deed are negotiated between the client and the lawyer and depend on the transaction’s value and complexity. These fees are subject to 23% VAT.
Registration fees: The fees for registering the notarial purchase deed with the Land Registry or Cadastre are approximately 0.475% of the deed’s value and are subject to 23% VAT.
How is real property typically divided in Greece, and what are the main types of property ownership structures?
Properties may be divided in the following ways, with the above real property rights applying to all of them:
a) Horizontal property (applicable mainly to apartment buildings):
This is a form of divided ownership that applies when there is ownership of a separate part of the building, such as a floor or an apartment. Horizontal ownership includes mandatory joint ownership of the building’s common areas, such as the plot and the staircase.
b) Simple – vertical property:
This type of divided property describes different ownerships/properties on separate buildings (or parts of these buildings) constructed on a single land plot (field, ground).
c) Complex – vertical property:
This applies when the buildings on a single plot are also divided horizontally into floors, apartments, etc. Each co-proprietor owns a floor or apartment in one of the separate buildings and holds joint ownership of a percentage of the entire plot and other commonly owned and used areas.
The Property Buying Process
Unlocking the Property Buying Process in Greece: Essential Resources and Guidance. Where to Begin? Who to Reach Out to? Navigating Potential Pitfalls with our REDS guide.
The Property Selling Process
Greek Real Estate Law & The Hellenic Cadastre Regulations
Understanding Property Purchase Costs in Greece
This guide is tailored for individuals contemplating the purchase of a residential property in Greece. While particularly beneficial for first-time buyers, even seasoned property investors can gain insights into the evolving buying process by understanding its key steps.
Greek Real Estate Taxation
The following section outlines the primary taxes and key considerations pertaining to the acquisition, ownership, and disposal of real estate assets in Greece. It focuses on residential, commercial, and investment properties, providing essential insights into taxation.
Residence Permits & Greece Golden Visa
This section addresses all potential questions regarding eligibility for the Greek Golden Visa program and details the procedure for obtaining a residency permit.
DISCLAIMER
The materials presented in the Greek Real Estate Data Sources and Research (REDS) guide are distributed by ARENCORES – Chania Real Estate as an information source only. While every effort has been made to ensure the accuracy and completeness of the information, no guarantee is given nor responsibility taken for errors.
As the information is for general use and not intended to serve as advice, no warranty is given in relation to the accuracy, reliability, or appropriateness of any information. The information does not constitute professional advice and should not be relied upon as such. Users are therefore encouraged to consult with their chosen professional advisers before making any decision.
We do not accept any liability for any loss or damages arising from the information or advice provided on this website or incorporated into this website by reference, or which is incurred as a result of the use of, or reliance upon, the information and advice contained on this website.
Dive into Greek Real Estate Data Sources and Research (REDS), an encompassing resource delving into the intricate nuances of Greek Property Law, Property Ownership, Real Estate Rights, and the Hellenic Cadastre registration process.
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