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Declaration of Real Property in Greece (By Vivi Pitsari)

By | News, SOCIAL RESPONSIBILITY

The Hellenic Cadastre records properties with absolute transparency and security and secures ownership of the real property of every citizen in Greece.  

Cadastral surveys document the boundaries of land ownership by the production of documents, diagrams, sketches, and plans that indicate location, shape, boundaries, etc.  

The cadastral survey requires those who have real estate rights in the cadastral areas of Greek territory to submit a declaration of ownership of their properties to the specific Cadastral Office of the area where the properties are located. 

The submission of the declaration of the property is mandatory and constitutes a prerequisite for any legal act concerning the property in the future (e.g. parental benefit, donation or transfer, issuing a building license in Greece).  

In the case that a property is not declared by the owner within the deadline of the cadastral survey, it will be recorded in the National Cadastre database as “UNKNOWN OWNER”. Consequently, the owners will have to turn to the courts in order to claim their properties.  

WHO MUST SUBMIT A DECLARATION? 

All persons or legal entities who have real estate or other registered property rights in Greece, such as ownership (full or limited ownership), usufructprenotification, or other real property encumbrance are required to submit a declaration of their right to the National Cadastre.  

If there are co-owners in a property, everyone must submit a separate declaration (e.g. limited ownership and usufruct of a property). 

HOW TO SUBMIT A DECLARATION 

The declaration can be submitted either to the specific Cadastral Survey Office in person, by proxy, or on-line at www.ktimatologio.gr. 

The deadline for submitting declarations is three (3) months for residents in Greece and six (6) months for non-residents in Greece. After the expiry of this deadline, the declaration is OVERDUE and an extra fine may be imposed depending on the value and the type of the properties. 

REQUIRED DOCUMENTS 

  • Title of property’s acquisition (notary documents, court decisions, administrative acts, inheritance documents).
  • Certificate of registration in the Land Registry.
  • Copy of identification card or passport.
  • Document with the Tax ID Number of the declarer (e.g. revenue statement or E9 or power bill etc.)
  • Exact location of the property (topographic document)

REQUIRED DOCUMENTS IN CASE OF ACQUISITION OF A RIGHT BY: 

Inheritance: Any right acquired by inheritance may be declared irrespectively of whether or not an inheritance has been received or a certificate of inheritance has been issued. 

The existence or non-existence of a will is decisive. In case of a will, the following documents must be submitted: a) title of the inheritor (if any), b) death certificate, c) a copy of the published will, d) certificate of non-publication of another will, and e) certificate of non-denial of inheritance. 

Where there is no will, the following documents must be submitted: (a) title of the inheritor (if any), (b) death certificate, (c) certificate of relatives, (d) certificate of non-publication of will, and (e) certificate of non-denial of inheritance. 

WAYS OF SUBMITTING A DECLARATION AVAILABLE TO EXPATRIATES 

  1. If the declaration is filled out, signed, and submitted by a third party on behalf of the beneficiary, it will be necessary to have a special authorization with certified signature authenticity which can be provided by the Embassy/Consulate in their country of residence. 
  2. By proxy already authorized with a special or general proxy document to administer their real estate in Greece.  
  3. By a third party with simple authorization. In this case, beneficiaries should dispatch their filled out and signed declaration together with the necessary documents by post. The authorized person must submit the declaration to the competent Cadastral Survey Office. 
  4. For the first time, the declaration can be submitted on-line using a special IT application found on the HELLENIC CADASTRE website www.ktimatologio.gr. In this case, the necessary documents submitted with the declaration will be sent by post to the competent Cadastral Survey Office and the fixed fee is paid by credit card.

Rhetor Law Firm is a Greek Law Firm (Athens & Thessaloniki) specialized in complex legal and property issues in Greece. Find more: www.rhetor.gr

Everything you need to know about Golden Visa in Greece

By | News

Permanent residence permission (property owners),also  known as golden visa, already counts five years of life and is undoubtedly one of the most famous programs in Greece. Having started in 2013 with law 4146/2013 and now with the Laws 2451/2014 and 4332/2015, it is a pole of attraction for many foreign investors, who want to get an entry permission in Greece and thus to the European Union with a fast and relatively cheap way.

However, until today, according to statistics , people who are interested in buying, , do not overcome the number of 3,000 in total and this is due not only to the fact that opening a bank account is difficult, because of capital controls, but also to the bureaucracy that prevents them. Therefore it is of great importance for them to contact a qualified lawyer in order to facilitate the implementation of the necessary process.

Analyzing the legal status of property owners, according to Article 20 of Law 4251/2014 permanent residence permission is given to third-country nationals who have legally entered the country and own fully immovable property in Greece with a total value of 250,000 euros, in order that certain conditions are met by law.

Thus, by purchasing one or more properties in the Greek territory with a total market value of at least 250,000 Euros, third-country nationals can obtain a permanent residence permission for five years with the possibility of renewal for an equal period of time if the real estate remains in the buyer’s ownership and prerogative. The price is paid through a crossed check or through bank wire deposit on the beneficiary’s account held at a banking institution in Greece. The resale of immovable property during the period of validity of the residence permission to another third country national, entitles the new buyer to obtain a residence permission while withdraws the vendor’s residence permission.

Other ways of getting the permanent residence permission are either by making a time-sharing contract  ,with at least 10 years duration of Law 1652/1986, or by having rentable hotel accommodations or furnished tourist dwellings in complicated tourist locations  with at least 10 years duration under Article 8 (2) of Law 4002/2011 may be concluded.

The above foreign investors may be accompanied by members of their family who, according to the law, may be: (a) the other spouse or partners with whom a third-country national has a civil partnership  in Greece; (b) unwed children of spouses or partners who are under the age of 21, (c) the parents-in-law of the spouses or of the partners.

It should be clarified that this type of residence permission does not establish the right of access to any type of work as defined in Article 36A, paragraph 3 of Law 3386/2005. An exception is the pursuit of economic activity in Greece as a shareholder, managing director and partner or manager in capital companies (SA, LLC, PCC).

The procedure to be followed by a third-country national to obtain this authorization is initially to apply for a D or C entry visa, depending on the case and the stage of the sale of the property, by submitting the relevant supporting documents, as described in GMD 68019/2015 (GD B’2272). After completing the entry visa procedure he / she can enter Greece and apply for a residence permission  to a post office of the competent department of the Decentralized Administration of his / her place of residence, submitting the necessary documents each time depending on whether the property is purchased or hired.

Finally, it is worth mentioning that holders of this type of residence permission have the option, to go to the long-term resident status and to receive Greek nationality, if they prove that they meet all the requirements of the applicable legislation.

More about Golden Visa in Greece

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