Legislation

Legislation

LEGISLATIVE INTERVENTION “STRANGLING” SHORT-TERM LEASES!

Legislative intervention, which will essentially “strangle” the institution of short-term rentals in our country, even though it constitutes 15% of the tourism product of our country, is expected to be carried out immediately by the government.

The direct regulation and demarcation of the market in question, also known as the “sharing economy” and its turnover is now estimated at 3.371 billion euros , is urgently claimed by hoteliers, who, presenting a study prepared on their behalf by the company Grant Thornton entitled “Short-term rentals: impact on cities and citizens”, records both the size of the short-term rental market and “the negative its imprint from the uncontrollable giantization of the activity”. It is also inferred from the data that the tourism expenditure of the sharing economy is growing at an average rate of 15% per year.

According to information, the government presidency in collaboration with both the Ministries of Economy, Environment and Tourism, as well as with the Association of Greek Tourism Enterprises and other representative bodies of tourism, moves in two directions:

Legislation

MINISTRY OF FINANCE: TAX BILL WITH IMPORTANT PROVISIONS FOR REAL ESTATE IN PUBLIC CONSULTATION!

In public electronic consultation the Minister of Finance, Mr. Christos Staikouras introduced the draft law entitled “Emergency tax regulations – Amendment of the Value Added Tax Code, the Income Tax Code and the Tax Procedure Code – Institutional framework for the operation of the Central Unit of State Aid and the State Aid Network – Other regulations of the Ministry of Finance”, with many important provisions concerning private real estate and its owners, such as the two-year extension of the suspension of capital gains tax and VAT . in real estateand the reduction of income tax for building upgrade costs. Also with article 34 of s.n. the opportunity is given to the Municipalities of the country to submit until 31.12.2022 the opinion of the seventh paragraph of the law on the objective zone values ​​of their territorial jurisdiction, requesting their reduction, especially in areas where they have increased excessively. 

Legislation

NEW REGULATION FOR FORESTED FIELDS: THE PUBLIC CLAIMS THEM ONLY IF IT HAS TITLE!

The circular of the Ministry of Internal Affairs entitled “Instructions for the implementation of the provision of Article 67 of Law 998/1979 on forested fields, as applicable after its replacement by Article 93 of Law 4915/2022 (A΄ 63)”, which defines how the Forestry Commissions will deal with the owners who have filed objections to the forest maps and at the same time for the same areas have initiated the procedure to enter the their possession as wooded fields. The regulation concerns 6.9 million hectares of forested fields throughout the country, approximately 6% of the total area of ​​the Forest Maps, which due to the abandonment of agricultural activities gradually turned into forest land, with the result that their ownership by the State is disputed . 

According to the new regulation, only for the lands for which the public holds specific title deeds will it display ownership rights, otherwise the competent Forestry Service will grant the interested party upon his request and in order to transfer the area, relevant “Certificate of the non-existence of fundamental elements of the State’s right of ownership”.

Legislation

IMPORTANT NOTE FOR ENERGY SAVING MEASURES IN PUBLIC HOUSING BUILDINGS!

A very important Joint Ministerial Decision was published in the Official Gazette which provides for a series of measures to improve energy efficiency and save energy in buildings owned or tenanted by the State or public services Sector.

Article 3 par. 1 of the KYA expressly states that “In privately owned and leased buildings and facilities used by the bodies of article 1, the interventions of of this article to improve energy efficiency and save energy. Especially in rented properties, if required, medium-term measures are implemented with the consent of the owner.” 

Also in article 9 (“Costs”)of the decision it is expressly stated that Costs for the implementation of this decision shall be borne, as the case may be, by the budgets of the Ministries or relevant bodies.”. 

The full text of the GPA is as follows:

Legislation

THE DEADLINE FOR REGISTRATION OF ELEVATORS IN THE COUNTRY HAS BEEN EXTENDED UNTIL 31.12.2022!

With the decree numbered 45059/6.5.2022 of the Ministers of Development and Energy (Government Gazette B΄2230), one more request of POMIDA, which was presented through the Working Group for the Elevators of YPAN in which it has been participating for a number of years, together with all the agencies involved.

Specificallyit was extended for another year (until 31.12.2022 ) the deadline for registration of the installed elevators of the country’s buildings, which had expired on 31.12.2021. It is recalled that the registration process presupposes the inspection of the installed lifts by a recognized body, the performance of the upgrade works and the re-inspection, and finally their legal registration. The latter seems that very soon it will now be done in the electronic National Register of Elevators, which is expected to be put into operation within the next few months.    

Legislation

3% CEILING ON PROFESSIONAL LEASES: WRONG METER WITH WRONG MESSAGE!

Law 4926/2022 was published, article 121 of which provides for a maximum rate of increase (3%) of rents in commercial leases for the year 2022. The content of the provision is as follows:

“Article 122. Determining the upper limit of rent adjustment for commercial and professional real estate leases for the year 2022.

1. For real estate leases that fall within the scope of Law 34/1995 (A’ 30), as well as Article 13 of Law 4242/2014 (A’50), from the 1st of January 2022 until the 31st of December 2022, an adjustment of the rent amounting to a maximum of three percent (3%), on the rent of the year 2021, is allowed.

2. Paragraph 1 covers rent adjustments that take place after 1.1.2022 and until the entry into force of this.

Legislation

TAP CONFIRMATION: ITS NEW RELEASE SETTING!

With article 76 of Law 4921/18.4.2022 (Government Gazette A΄75), the procedure for issuing the Municipality certificate of non-payment of TAP was changed again, after the protests and the abstention of the notaries due to their involvement in the guarantee procedure. Although the existence of the certificate remains as a prerequisite for the drawing up of a transfer contract, and indeed on penalty of its invalidity, nevertheless the important positive elements of the new regulation already in force for citizens are the following:

* the annual duration of the certificate,

* the charge and payment of only the TAP,

* the retroactivity of charges only for one five years,

* the abolition of the de facto arbitrary refusal to grant this certification.

Legislation

UNSPECIFIED SQUARES: EXEMPTION FROM MUNICIPAL FEES AND WITH RETROACTIVE EFFECT!

Law 4915/2022 was published by which another important request of POMIDA regarding municipal fees took the path of its resolution, as announced at its 39th Congress by the Deputy Minister of the Interior Mr. Stelios Petsas. 

With this Law on the one hand, the KEDE platform for the declaration of undeclared square footage at the known address reopens immediately and until 30.6.22 a href=”https://tetragonika.govapp.gr/”>https://tetragonika.govapp.gr/, on the one hand they are not expressly and retroactively covered, strong> all property owners for undeclared areas who declared outside the platform or requested certificates of non-debt before the entry into force of this law, i.e. during all the previous intervals of interruption of the operation of the KEDE platform, and of course all those who will declare them at any time until 30.6.2022, through the platform or outside it. 

Legislation

TAP CONFIRMATION: PROPERTY TRANSFER ISSUANCE PROCESS IMPROVED!

With Law 4915/2022, one of the important requests of POMIDA regarding municipal fees was partially accepted, as announced at its 39th Congress by the Deputy Minister of the Interior Mr. Stelios Petsas. Article 19 of this law solves to a significant extent the problem of the delay in issuing the TAP non-debt certificate, which was a significant obstacle to all kinds of real estate contracts. Specifically, after persistent efforts by POMIDA and the Coordinating Committee of Notaries, with article 19 of the new law, the procedure for issuing this certificate was amended as follows with article 19 of Law 4915/2022:

* A new procedure is established regarding the payment of the Real Estate Tax during the transfer of real estate ownership (article 24 par. 18 of Law 2130/1993) and specifically:

Legislation

THE LAW 4916/2022 WITH THE PROVISIONS OF THE REDUCED ENFIA IS PUBLISHED!

Law 4916/2022 was published in the Official Gazette “Modernization of the Capital Market Commission’s operating framework – State contribution program to vulnerable debtors until the transfer of their residence to acquisition and re-leasing body of chapter A’ of part two of the third book of n. 4738/2020 – Incorporation into Greek legislation of Directives (EU) 2020/1151 and (EU) 2021/1159, new reduced Single Property Ownership Tax (EN.F.I.A.), urgent tax and customs regulations to address in particular of the energy crisis and other provisions” in articles 40 – 49 includes the ENFIA amendments that will be effective from this year.

Read the POMIDA announcement for ENFIA 2022 here.

Read the amended provisions of ENFIA in the attached Gazette.

 N. 4916-2022