Legislation

Legislation

ADVANCE MARCH COMPENSATION: DECLARATION OF COVID BY MAY 14!

The AADE platform will be opened immediately for the submission of a COVID declaration for the compensation for the month of March 2021, until Friday, 14.5.2021, according to the decision GDOU 400/2021 of the Ministry of Finance, which determines the more specific procedure and the conditions for the advance payment of the amounts of the lessors’ compensation for the rents for the month of March 2021, which was already published in the Official Gazette B’ 1613/20-04-2021.

According to article 3 (Procedure for submission of “Covid Declaration” and procedure for recovery of amounts) of this decision, the beneficiary of compensation collection for the month of March lessor/sublessor, regardless of whether he received the advance payment of article 2 hereof, he is required to submit a declaration of rent change (“Covid Declaration”). If he is paid compensation in advance but does not submit a “Covid Declaration” by 14.5.2021, the amount paid to him becomes due and the process of seeking him as unduly paid will be determined by a new decision that will be issued within a month. Also, with a new decision, the procedure for paying the amount of compensation to new beneficiaries for the month of March who had not submitted a “Covid Declaration” will be determined (apparently for February 2021). 

Legislation

UNCOLLECTED RENT 2020: POSTPONEMENT AND WITH EXTERIOR HARASSMENT OF THE TENANT!

Law 4797/2021 “State aid to businesses and non-profit organizations for emergencies, emergency arrangements to support the economy, supplementary state budget and pension arrangement and others” was published in the Official Gazette urgent provisions”, with all the important changes in income taxation as well as other important provisions.

Article 32 of the Law will not be taken into account specifically for the tax year 2020 , in the lessor’s total income, the income from real estate leasing, which has not been collected by the beneficiary, in the event that by the deadline for submitting the personal income tax return, the lessee has been notified of an out-of-court termination of the lease, due to non-payment of the rent or extrajudicial nuisance, for the payment of the due rents.

Legislation

EXTENSION OF THE 100% REDUCTION OF PROFESSIONAL RENT FOR APRIL!

With an amendment tabled in Parliament, to the bill entitled “State aid to businesses and non-profit organizations for disasters, emergency arrangements to support the economy, supplementary state budget and pension regulation”, the exemption from the obligation to pay the total rent is extended for the month of April 2021 and for the month of April 2021 (applied for the months of January, February, March), of the employees of a professional lease for the establishment of the designated business, for the which have taken special and extraordinary measures to suspend or temporarily ban operations for preventive or repressive reasons related to the coronavirus or which is financially affected due to its spread.

Legislation

THE ACCESS OF OWNERS AND PROFESSIONALS TO THE DETAILS OF THE ESTATE IN PILOT OPERATION!

Another timeless request of POMIDA is coming true, with a delay of about 23 years. The joint ministerial decision was published in the Official Gazette, which was signed by the ministers Mr. Kyriakos Pierrakakis and Giorgos Tsiaras and the Deputy Minister responsible for Land Registry Mr. Giorgos Stylios, which determines the graded access rights of engineers, notaries, lawyers and citizens to the cadastral data of the Land Registry and Mortgage Registries.

Already with the original Law on Land Registry 2664/1998 there was a provision for the access of the owners and the professionals involved to the cadastral data of the Land Registry and the Mortgage Registries. All these years this legislative absence, which was covered with circulars, often contradictory and contradicting each other, has created friction between professional branches, mainly between engineers and lawyers and of course problems, delays and financial burdens for citizens.

Legislation

PROFESSIONAL LEASES: IN PARLIAMENT THE PROVISION OF EXTENSION FOR “CLOSED” BUSINESSES!

Article 111 of N. 4790/2021 which was voted in the Parliament and already published, included, among other interesting provisions, the possibility of a few-month extension of the leases of commercial properties whose businesses that use them remained “closed by state order” during the pandemic, and for a period of time equal to their mandatory shutdown.

The tenants have the right to an extension or sublessors declare it in writing to the owners within one month of the entry into force of the law, and on the condition that at the time of the declaration they will be completely consistent with their obligations, i.e. they will not owe rents. Therefore, those who owe rent should pay off their debts before submitting their written statement.  As long as the above conditions are met, the declaration is mandatory for the owner and increases the duration of the lease accordingly.

Legislation

RENT REDUCTION: THE MARCH 2021 CAD FOR CLOSED & FORECLOSED BUSINESSES!

Decision A.1063/2021 was published in the Official Gazette, which specifies the March 2021 KAD for the compulsory exemption of closed and affected businesses from the obligation to pay the total rent or 40% of the total rent for the month of March 2021. The decision provides in detail the following:

1. The lessee of a commercial lease for the establishment of a business which is based or has a branch in the Greek Territory and for which special and extraordinary measures have been taken to suspend or temporarily prohibit operations for preventive or repressive reasons related to the COVID-19 corona virus or which is financially affected by the emergence and spread of the COVID-19 coronavirus, i.e. a business which:

Legislation

RENT REDUCTION: THE FULL SETUP FOR REDUCTIONS FROM MARCH 2020 TO MARCH 2021!

KYA Α.1059/2021 was published in the Official Gazette amending KYA Α.1228/2020 on the subject “Regulation of special issues regarding more specific terms and conditions for the application of provisions regarding the partial payment of rents in the context of the measures related to the spread of the COVID-19 coronavirus”, and which now after the amendment fully covers the rent reduction framework from March 2020 to March 2021. This decision is as follows:

Legislation

CITY PLANNING REGULATIONS FOR REAL ESTATE TRANSFERS, PREPAID BUILDINGS, REMOVAL OF FORECLOSURES!

Legislative regulations of an urban planning nature provide for two amendments of the Ministry of Environment and Energy, which were submitted to the draft law of the Ministry of Finance “Sanction of Real Estate Distribution Agreement – Establishment of Surface Right of Real Estate of Hellenic-Agios Kosmas Metropolitan Pole and regulation of related issues”. 

> of buildings with the establishment of a Special Committee for Dangerous Preparedness (“E.EP.ET.”), a matter of competence with the Ministry of Culture and Sports. In particular, with the 2 amendments, among other things, it is provided:

Legislation

YA FOR 30% REDUCTIONS, DEFAULTS AND ROUNDING ERROR COMPENSATIONS!

With the A1053/2021 decision of the Deputy Minister of Finance, Mr. Apostolos Vesyropoulos, which amended A.1193/24.08.2020, three more procedural issues regarding the payment of compensation to property owners due to reduction of rents.

  1. The possibility of compensating the owners not only for the forced reduction at least by forty percent is clarified ( 40%) of the rents due to the mandatory rent reduction measures, but also for the at least thirty percent (30%) optional rent reduction, following an agreement between the lessor and the lessee for the exemption from the payment of part of the total rent. This opens the possibility to clear and pay the compensations for the months of September and October 2020, but also to correct any errors in the relevant declarations, even when the platform is opened for these months as well, as POMIDA insists.
Legislation

IMPLEMENTATION OF POMIDA REQUESTS HAS STARTED: NEW DEADLINES FOR SOLUTIONS, CORRECTIONS AND COVID STATEMENTS!

Along with the opening of the month of February 2021 in the implementation of the AADE, the decision A.1050/2021 of the Governor of the A.A.D.E. was published in the Official Gazette. Mr. Giorgou Pitsili which amends his decision under POL.1162/2018 entitled “Submission of Real Estate Lease Information Statement using an electronic method of communication via the internet » (B’ 3579).

With the new arrangements, which respond to relevant requests of POMIDA, and which so far lack the possibility to submit initial COVID declarations from March to October 2020, the following important changes were launched, as recorded by the tax technician Mr. Giorgos Christopoulos: