The competent Deputy Minister of Digital Governance, Mr. Giorgos Stylios, stated that the content of the new decision, especially in terms of the classified access rights it provides for engineers, lawyers, notaries and citizens in cadastral elements is a product of cooperation and in principle an agreement with the central bodies of engineers and lawyers”. He emphasizes that “chronic problems are being solved, as until now there were many barriers to access of professionals to cadastral data to serve the affairs of citizens” as well as that “with the activation of digital services, the cadastral register becomes a multiplier for the development and service of citizens’ transactions and investments”. Mr. Stylios also emphasizes that “access to the digital services of the cadastral data will be free and for the issuance of the relevant certificates the applicable copy fees will be maintained”.
It is noted that with the new decision, which activates with its publication in the Official Gazette the pilot start, the access for engineers, lawyers, notaries and citizens will be graded, it only concerns the areas that have been registered, while the service will be free.
The new rules and the gradation of access to the digital database of the cadastre (through the portal gov.gr), for citizens and by specialty for specialized professionals, are determined by the joint decision of the Ministries of Digital Governance and Justice which was published in the Official Gazette (issue B with Sheet number 1539 of April 15, 2021) is as follows:
Article 1
Definition of cadastral data for which the right of access is exercised and research
Cadastral data within the meaning of article 21 of Law 2664/1998, for which the right of access and research is exercised, as regulated in the following articles , are the contents of the descriptive and spatial database of the National Land Registry, real estate data, registrable rights and beneficiaries, ownership and management of the Agency “Hellenic Land Registry”, in accordance with par. 1 of article 2 of no. 10887/2007 of the decision of the Minister of Environment, Spatial Planning and Public Works (B’ 416) and par. 9 of article 1 of law 4512/2018, and their compliance is governed by the principle of publicity according to article 2 of law 2664 /1998. The regulation also applies to the corresponding files of titles and diagrams, the land registry file, as well as any other file that is compiled and kept according to par. 2 of article 3 of the same law with relevant content.
Article 2
Persons entitled to exercise the right of access and research to cadastral data
- Every (natural or legal) person, who is registered in the cadastral books as the beneficiary of a registrable right, has the right to access the cadastral records that concern him and are contained in the descriptive and spatial database of the National Land Registry and the corresponding files of article 1.
- Lawyers, for the exercise of their professional activity, have the right to access and research the cadastral records and the cadastral data relating to all registrable rights and the registered limitations of the authority to dispose of such rights which have been established and registered in the cadastral books, in the representation of the property in the cadastral diagrams, as well as in the corresponding files of article 1.
- The bailiffs, for the exercise of their professional activity, have the right of access and investigation in the cadastral records and the cadastral data relating to all registrable rights and the registrable limitations of the authority to dispose of such rights that have been established and registered in the cadastral books, in the depiction of the property in the cadastral diagrams, as well as in the corresponding records of article 1, for the properties of the district that exercise their duties, with a view to speeding up the enforcement process.
- Notaries, for the exercise of their professional activity, have the right of access to the cadastral records and data related to the right of ownership and servitude , in the depiction of the property in the cadastral diagrams, as well as the corresponding files of article 1.
- The engineers, for the exercise of their professional activity, when it comes to: a) the drawing up of topographic diagrams and research that are attached according to the current legislation in registrable deeds, including administrative deeds, and for the processing of the accompanying cadastral diagrams on applications for the registration of registrable deeds that bring about geometric changes or requests for the correction of cadastral records with corresponding changes according to the provisions of Law 2664/1998 the provisions of Law 4409/2016 (A’ 136) and in particular paragraphs 1 and 3 of article 40, as well as the decision of the Minister of Environment and Energy (B’ 2216), which was issued according to the same authorizing order, as amended by the same decision (Β’ 3017) under data ΙΠΕΝ/ YPRG/4721266/6888/19.7.2018, and b) for the issuance of building permits, have the right of access and investigation through the Code Number of the National Land Registry (KAEK) in the cadastral records and data concerning the right of ownership and servitude, as well as in the spatial basis, in the corresponding files of article 1 and in the topographical diagrams, sketches and in the recommendation of the Service on the applications of geometric changes.
- Any third party (natural or legal person) has the right of limited access only to the cadastral diagrams and to the display of the cadastral properties according to the Code Number of the National Cadastre that they bear.
Article 3
Field investigation
The on-site investigation of the cadastral data as defined in article 1, as well as the corresponding records kept by the Cadastre Offices, whether they are Mortgage Offices temporarily operating as Cadastre Offices according to article 23 of Law 2664/1998 (A’ 275 ), the Land Registry Office of Thessaloniki of par. 2 of article 52 of Law 4277/2014 (A’ 156), or for Land Registry Offices and Branches of the Body’s competence according to Law 4512/2018 (A’ 5), from the entitled persons and under the same conditions and restrictions referred to in paragraphs 2 to 5 of article 1, is carried out free of charge during working days and hours, using computers available for this purpose, subject to the provisions set out in no. . 549/2012 decision of the Minister of Environment and Energy on Mortgage Registries temporarily operating as Land Registry Offices (B’ 2188).
Article 4
<p style "text-align: justify?" of article 1 and the corresponding records, when these are kept electronically, by the entitled persons according to article 2 ("Users"), who have a legal interest, is technically achieved by using online services through the Unified Digital Portal of the Public Administration (gov.gr – EPSP). When the "User" is a natural or legal person as referred to in paragraph 1 of article 2, for the introduction to the online application of electronic research managed by the Agency, the natural person or in case the "User" is a legal person, the its representative, is authenticated using codes – credentials of the General Secretariat of Public Administration Information Systems (G.G.P.S.D.D.) of the Ministry of Digital Governance (taxisnet). When the "User" is a person referred to in paragraphs 2, 3, and 4 of article 2 (lawyer, bailiff and notary public), the previous issuance of an account by the "Administrator" is required, as defined in no. 101/16/28.05.2020 decision of the Agency "Hellenic Land Registry" (B' 2681). When the "User" is an Engineer (par. 5 of article 2), article 1 of the decision of the Minister of Environment and Energy (B ' 2216).
The “Administrators” identify their members as “Users” and check whether they have, according to the written provisions, the right to carry out an investigation in the cadastral data, establish the absence of incompatible or other obstacle or disciplinary sanction and allow their members to continue the connection process. The design and operation of the online service is subject to the conditions of Regulation (EU) 2016/679 for the protection of natural persons against the processing of personal data and for the free movement of such data, as well as the provisions of Law 4624 /2019.
- The online survey service is technically supported by the Agency, is provided every calendar day and is open 24 hours a day. The Entity: a) ensures the uninterrupted and proper operation of the electronic service, which is ensured by the design of the appropriate information architecture and structure, in order to seamlessly serve the fast response of the online services provided, in accordance with the principle of information security in particular defined in this paragraph b) takes measures and performs actions to prevent technical difficulties, c) monitors the service and implements possibly necessary preventive and/or corrective actions, when this is required, d) operates a Support Office (help desk) for the technical support of the “Administrators” during working days and hours.
- The Entity must, within fifteen (15) days from the publication of this notice, draft and post on the website the “Manual of Operation of the Application for Electronic Research ».
- The search is made from all the land registered areas of the country, where the land registration work has been suspended and the entry into force of the Land Registry has been set. The search is activated, indicatively, either by entering details of the property for which the search is being carried out, such as the National Land Registry Code Number, the exact address, or by entering details concerning the beneficiary of the registrable right or in another convenient way and criteria complex search, as provided in the application.
- The online connection and search is carried out without any monetary consideration.
- For the accesses performed by the persons entitled as mentioned, using online services, an electronic protocol is observed by the Agency.
- In accordance with the previous paragraphs, the entry and search in the cadastral database from the Agency’s web application is governed by the principle of information security which, according to the rules of science and the internationally applicable technical standards, is defined as the preservation of the following technical properties-requirements: a) the integrity, accuracy and completeness of the information, as well as its processing methods, b) the controlled accessibility and c) the availability of the information only in registered users and persons entitled to electronic connection according to the terms of this decision.
- The service of electronic access and research is supervised by the Agency and, in the event of any deviation, technical or operational, it is interrupted and restarts after the its removal.
- The “Administrators” of paragraph 1 hereof organize and ensure the operation of a Support Office (help desk) for the technical support of their members who are users of the application.
- The Agency takes every necessary technically appropriate measure to serve the needs of managing the electronic connection application and research in the cadastral database, without restricting the exercise of the relevant right. The Agency reserves the right not to accept electronic access requests, when they are exercised in an abusive manner.
- The generated files of the cadastral base excerpts (descriptive and spatial) to serve access and research needs during the previous articles of this decision, do not hold the position of a certificate for any legal use, nor are they titles of the registered rights and do not create a presumption for them.
Article 5
Commencement
The Agency’s online application for electronic research and access to cadastral data is put into pilot operation from the entry into force of this decision.
The validity of this decision begins from its publication in the Government Gazette.
This decision to be published in the Government Gazette.
Athens, April 15, 2021
The Ministers
Digital Government of the State
KYRIAKOS PIERRAKAKIS
Justice
KONSTANTINOS TSIARAS
Deputy Minister of State Digital Governance
GEORGIOS STYLIOS
