Paragraph 1 of article 103 gives the possibility to submit a declaration of non-use of a property, to which the electricity supply has been interrupted, until December 31, 2019, in order to delete debts from cleaning and lighting fees or to receive their certification.
Paragraph 2 of article 103 provides for the deletion or omission of certification of cleaning and lighting fees for properties that were not previously electrified, if the municipality does not document their use, given that, with the amendment of par. 1 of no. 3 of Law 25/1975 (A’ 74) with paragraph 1 of Article 222 of Law 4555/2018 (A’133) it became clear that for properties that have not been electrified, the imposition of fees must be accompanied by the use of the property. This innovative regulation covers only debts that have already been confirmed, and does not concern the future, nor unconfirmed debts, and in this regard, there should soon be a new regulation, similar to the regulation of par. 1.
For the implementation of this regulation, the Ministry clarifies that the cooperation of the debtors is not required. It is pointed out that the provisions of article 103 are also applied in the event that the debts have been subject to any partial payment arrangement, subject to the provision that “amounts that have been paid are not sought”.
POMIDA recommends that interested parties hurry to submit the relevant declarations as soon as possible and emphasizes that the above exemptions do not concern the real estate tax (TAP) which is due in any case, the payment of which is requested by many OTAs as a prerequisite for the receipt and processing of the relevant statements.
The new layout is as follows:
” Article 103. Arrangements for non-electrified properties
- Paragraph 2 of article 222 of Law 4555/2018 is replaced as follows : “2. Debts from cleaning and lighting fees for a property, whose electricity supply has been interrupted, according to a certificate from the competent network operator and which, according to a responsible statement of the owner or his legal representative, was not used during the reporting period, their confirmation is omitted. The declaration of the previous paragraph can be submitted until 31.12. 2019.
- Debts from cleaning and lighting fees, which have been imposed until the beginning of the present validity, because a statement has not been submitted by the owner of the property that it was not used and they relate to a period during which the property had never been electrified, their certification is deleted or omitted, as long as it is not documented by the competent service of the Municipality , during the above period, its use. Amounts that have been paid are not sought.” /strong>
Article 222 Amendment of article 3 par. 1 of Law 25/1975 (A’ 74)
- The last two paragraphs of par. 1 of article 3 of Law 25/1975 (A’ 74), as replaced by Article 5 of Law 3345/2005 (A’ 138) , are replaced as follows:
“Properties, in which the electricity supply is interrupted, are exempted from the payment of a single compensatory fee for cleaning and lighting, from the date of submission declaration by their owner or his legal representative to the relevant municipality that they are not electrified and that they are not going to be used. Until the submission of the above declaration, the fees are due per property category and are paid according to the provisions of article 21 of 24.9/20.10. 1958 b.d. (A` 171).
If, despite the submission of the declaration, electrification or use of the property is established, the fee corresponding to the time of exemption is imposed on the debtor and an equal amount of fine.”.
“2. Debts from cleaning and lighting fees for a property, whose electricity supply has been interrupted, according to a certificate from the competent network operator and which, according to a responsible statement of the owner or his legal representative, was not used during the reporting period, deleted or omitted their confirmation. The responsible declaration of the previous paragraph can be submitted until 31.12.2019. Amounts paid are not sought.”.
“2. Debts from cleaning and lighting fees, which have been imposed before the entry into force of this, because it has not submitted by the owner of the property a statement that it was not used and they relate to a period during which the property was never electrified, their certificate is deleted or omitted, as long as it is not documented by the competent department of the Municipality that, during the above period, use Amounts paid are not sought.”
