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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.

Articles

THE MANAGEMENT OF ABANDONED BUILDINGS & UNFINISHED BUILDINGS IS LEGAL!

Of the Tratsa Battle, THE STEP

A new legislative initiative for the utilization of abandoned buildings has been prepared by the Ministry of Environment and Energy (MINE). With the involvement of private individuals, the government will proceed with the management of abandoned properties, even unfinished buildings. At the heart of a new legislative initiative, which is expected to be put to consultation around the end of April, is the need to eliminate the risks to public health and citizens’ safety from the abandonment of the building potential of cities, to upgrade areas by reusing disreputable buildings, but also to protect the crumbling cultural heritage. 

> on abandoned properties and the intervention procedures for their restoration and reuse” and urban renewals, which includes a special chapter on abandoned carcasses that hurt the urban fabric, and the final approval of the responsible deputy minister, Mr. Nikos Tagaras, is awaited to get the way for the co-competent ministries and the Parliament.

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

Taxation

THE POMIDA FOR ENFIA 2022: REDUCTIONS IN THE LEAGUES, “LERNAIA HYDRA” THE NEW SUPPLEMENT!

Significant reliefs will arise for taxpayers with already low tax obligations, according to the Ministry of Finance bill submitted to Parliament, while unknown charges amount will arise for those owners who own properties in areas where the objective values ​​have increased significantly, or who joined the objective determination system for the first time, or hold even undivided shares or partial rights in rem on properties with a total objective value of more than of €400,000.

The real “Lernaia Hydra” however proves to be the additional tax of natural persons, since “cutting” is supposed to be the “head ” with its alleged abolition, two new forms of tax increase are emerging:

Legislation

MUNICIPAL FEES: THE ADVERTISING PLATFORM RE-OPENS T.M. AND THE TAP VERIFICATION PROCEDURE IS CHANGING!

Two more important requests of POMIDA concerning municipal fees have been resolved, as announced at its 39th Congress by the Deputy Minister of the Interior, Mr. Stelios Petsas. strong>.

With a bill of the Ministry of the Interior submitted for a vote in the Parliament with the signature of the Minister of the Interior Mr. Makis Voridis, strong>the KEDE platform for undeclared square footage reopens until 30.6.22 https://tetragonika.govapp.gr/, while solving to a significant extent the problem of the delay in issuing the TAP non-debt certificate, which was an important brake on all kinds of real estate contracts. Specifically with articles 18 and 19 of the law:

Legislation

NEW KYA FOR ELEVATORS IN PUBLIC CONSULTATION!

The Draft Joint Ministerial Decision to determine the requirements regarding the registration, operation, maintenance and control of installed elevators t began public consultation from Friday, February 4, 2022. The aim of the Ministerial Decision is the complete reformation of the provisions of the existing legislation in the context of our country’s European obligations, alongside the application of rules of healthy and equal competition in the business activity of the said sector which concerns the provision of maintenance services.

The consultation will last until Friday 25/02/2022.

Draft KYA – Text for consultation