Harmonizing The Data Of Greek Properties

Harmonizing The Data Of Greek Properties By Christos ILIOPOULOS* Athens, 10 July 2023 Very often, when the owners of Greek real estate (immovable) property wish to sell or transfer it, they realize that the registration data of their property is incompatible or not harmonized at different state registries. When this happens, the owner must work with an attorney and with a civil engineer, in order to have his/her property re-measured and checked according to modern technical criteria. The civil engineer must inspect and examine the property, whether it is a flat or a house (even when it is a plot or land), and compare its present measurements and other technical descriptions with the description existing at the old land registry, at the modern land registry (Ktimatologio), the E9 list of properties filed with the tax office, the Municipality registry and possibly with other databases. In addition, the property to be sold or transferred (gifted to children, donated etc.), is described in various forms and formats, either briefly or in more detail, in previous deeds and survey maps. Thus, the description of the same property may vary, sometimes significantly, and the discrepancies must be dealt with, in order the data of the property to be harmonized. The sale or transfer of a property starts with a lawyer reviewing the deeds and possibly survey maps and with a title search at the local land registry or at the modern Ktimatologio. Subsequently, a civil engineer must check the technical characteristics of the property in question. The engineer will produce modern, up-to-date measurements and other descriptions of the property. Then, the engineer, the attorney and the notary will compare the present – day measurements with what the older deeds and survey maps state. A deed of twenty, thirty or more years ago may describe the flat as being 95 square meters, while today the c. engineer may measure it as being 98 s.m. In that case, we try to see whether the additional square meters have been “taken” from an adjacent condominium of the same building, or if they are part of the common spaces of the building. Depending on some details, we may first have to modify the charter (main deed) of the building and then sign the sale or transfer of our apartment. In other cases, the civil engineer compares the present – day measurements of the flat or house with its building permit file and very often discrepancies are unearthed. In such cases, we first need to legalize these discrepancies or outright irregularities in the building, pay some small or not so heavy fines to the state and then be allowed by law to sell the flat or house. This stems from older practices of decades ago, when buildings were in reality being constructed not exactly as their permit blueprints showed. Until 2011 such “differences” were usually accommodated and the sales could go through. After 2011, the present and old deeds and survey maps and blueprints are meticulously examined and even minor technical discrepancies (the balcony or the window is 15 centimeters longer or wider), must be declared and settled before we are allowed to sign the closing sale deed at the notary. Even when the property to be sold is a plot or land, we still need the technical identity document of the civil engineer, which will state its exact form, size and surface and will also certify that the plot is bare, meaning that there is no building or house on it. The process of first discovering and then harmonizing the discrepancies is not easy and the lawyer who is usually in charge of the sale from the seller’s side must coordinate with several authorities, like the tax office, the municipality, the building authority and others, as well as with other professionals, including the civil engineer, the notary and the accountant, in order to obtain modern certificates, which will all state the same measurements and the same description of the property, before we reach the office of the notary, to sign the sale or transfer of the property. And even then, more hurdles may have to be overcome, including the registration of the deed of sale / transfer at the local land registry, provided its director does not promote a different interpretation of the law from that of the notary and the lawyers! *Christos ILIOPOULOS, attorney at the Supreme Court of Greece , LL.M. www.greekadvocate.eu e-mail: bm-bioxoi@otenet.gr