POMIDA CIRCULAR FOR THE ELECTRONIC “BUILDING IDENTITY”!

 

Press interview at the Ministry of Foreign Affairs on the announcement of the “Building Identity”: From left Mr. Stratos Paradias, Dimitris Oikonomou, Kostis Hatzidakis, Giorgos Stasinos and Efthimios Bakoyannis.

2008-10. THE ORIGINAL PLAN. The mandatory application of the “Building Identity” to all buildings in the country, was a proposal and a basic request of the technical world of the country, right after the appearance of the crisis in the economy and the construction activity in our country, after the mid-2000s. The original design of Building Identity envisaged an unprovoked and unprovoked periodic inspection of all the country’s existing buildings every five years or so, with the main aim of creating a sustainable source of recurring revenue for the technical industry. According to the law that originally established it (3843/2010) the procedure would be activated by a ministerial decision that would determine the details. POMIDA reacted strongly and asked all the relevant actors of all future governments to never sign such a decision, in order not to associate their name with a permanent and useless burden, an unjust real “extortion” at the expense of essentially the entire Greek people , unless two important changes are made to its enactment. That is why the start of its operation was repeatedly postponed for a number of years.

  1. THE FIRST CHANGE. However, those interested in activating this process kept coming back and in 2016 a new legislative regulation was again posted for consultation, which once again provided for continuous periodic inspections of all buildings in the country. After continuous protests and vigorous protests by POMIDA, in 2017 the Minister of the Interior, Mr. Giorgos Stathakis, in the final phase of drafting Law 4495/2017, admitted in his introductory report that the constant and unreasonable inspections would were an unbearable burden for the property owners in a time of crisis, and accepted the first request of POMIDA that the Building Identity for the existing buildings be drawn up only during their transfer, replacing the well-known Engineer’s Certificate for the absence of irregularities. 
  2. THE SECOND CHANGE. Subsequently, the Minister of the Interior Mr.Kostis Hatzidakiswith article 51 par.4 of Law 4643/2019 also accepted the second request of POMIDA that anyone interested in the horizontal transfer of ownership of an apartment building, etc., can submit the Identity only of his own apartment/office/shop (self-contained divided property), and not of the entire building, as originally intended.   

of its design, comes into force today, limited to the absolutely necessary elements of each building, replacing the Engineer’s Certificate that has been valid for ten years.

FIVE-YEAR DEADLINE FOR PUBLIC INTERESTING BUILDING. In December 2020, the ministerial decision to activate the Building Identity was also published, with TEE as the platform manager, with a reimbursable fee of €20 for each certificate, and with a start date of 1.1.2021. From this day begins the five-year period within which (31.12.2025), apart from the buildings of the State, the private sector must electronically submit a Building Identity for the following categories of special buildings owned by it:

a. Buildings that house all kinds of services of the State, OTAs and NPDD

b. Public gathering buildings (theatres, cinemas, event halls, convention centers, exhibition buildings), including libraries, museums, sports facilities, MMM transfer stations

c. Gas stations, garages or car washes

d. Tourist accommodation over 300 sq.m. (hotels, rooms for rent, etc.)

e. Public and private preschool, primary, secondary and tertiary education buildings

f. Hospitals, medical centers, clinics, health and mental health service centers, nurseries, kindergartens, boarding schools, nursing homes, institutions for the chronically ill, institutions for people with disabilities

g. Detention facilities (e.g. police stations) and special youth detention facilities.

THE REMAINING BUILDINGS DURING THEIR TRANSFER. All other buildings and self-contained divided properties (mainly residential buildings, offices and shops) will submit a Building Identity on their first transfer, while on subsequent transfers the engineer designated by the owner will issue the Certificate of Completion, from which will ensure that there are no arbitrary changes to this property, or that the Building Identity has been updated if a building permit or small-scale works permit has been issued to carry out work on this property. In new buildings, the Building Identity will be issued together with their building permit.

WHAT AND WHO DECLARES IT. The declaration of the Building Identity is made per building or per divided property. The authorized engineer, who fills in the details of the Electronic Identity of the Building or the divided property, is designated by the owner for each building or divided property. If horizontal or vertical properties have been set up (apartment building, etc.), the authorized engineer for the whole building can be appointed after a decision of the majority of the members, in accordance with the provisions of the floor ownership regulation, otherwise by a simple majority. Engineers’ fees are not subject to valuation, but to free agreement with the owners.

ENTIRE BUILDING IDENTITY JUSTIFICATION. The supporting documents required for the submission of the entire Building Identity are:

a) the structure of the building permit, with its revisions,

 b) the plans accompanying the building permit, as well as the accessibility study for the disabled and disabled persons, if required. If the building permit and the data accompanying it are not found in the records of the relevant agency, a certificate of loss from the competent Building Agency shall be submitted instead.  

c) the energy efficiency certificate of the building or its parts,

d) the certificate construction control, if it has been issued,

e) declarations of belonging to laws suspending the imposition of sanctions on arbitrary,

 f) the floor plans, which depict the building in its actual condition, when this does not result from the elements of paragraphs a’, b’ and e’,

g) the structural vulnerability report or the static control technical report, which accompanies an application for incorporation into Law 4178/2013 (A’ 174) or this one (Law 4495/17) or the static adequacy study, if required, according to article 99,

h) the table of millimeters or the building’s cost distribution study, if any.

i) the title deed

j) copy of the cadastral sheet

DISTRIBUTED SELF-OWNERSHIP IDENTITY. The following are required for the “Self-Divided Ownership” Electronic Identity:

a) the structure of the building permit of the building in which the divided property is located, with its revisions,

 b) the plans accompanying the building permit permission, as well as the accessibility study for disabled and disabled people, if required. If the building permit and the data accompanying it are not found in the records of the relevant agency, a certificate of loss from the competent Building Agency shall be submitted instead.  
c) the energy efficiency certificate of the divided property,

d) the construction control certificate, if it has been issued,

e) declarations of compliance with laws suspending the imposition of sanctions on arbitrary,

 f) the floor plans, which depict the divided property in its actual condition, when this is not evident from the elements of paragraphs a, b and e, except for the common areas, structural vulnerability or the static control technical report, which accompanies an application for inclusion in Law 4178/2013 or the present (Law 4495/2017) or the static adequacy study, if required, according to article 99,

h) the table of millimeters or the cost allocation study of the building, if any,

i) the title deed

j) the establishment of horizontal / vertical properties, together with accompanying plans

k) copy of cadastral sheet.