Law 5142/2024 of the Ministry of Digital Governance was published in Official Gazette A΄/4.10.2024, which satisfies a series of requests and proposals of POMIDA, in order to resolve the very serious problems of real estate owners regarding their real property titles, with particular emphasis on the possibility of unilateral amendments to deeds establishing horizontal ownership and the possibility of removing the nullity of transfer contracts through the subsequent subjugation of their arbitrariness and unilateral correction of their property titles, but also to institute measures to speed up the processes of completing the land registry, correcting incorrect entries and transferring real deeds.
The main regulations with which problems of property owners are solved are the following:
- Processing land registration within a functioning Land Registry. Requests for correction of article 6A or objections of article 7 or pending decisions of the Review Committees of article 7A are noted on the relevant cadastral sheet. If the submitted application or objection is accepted, the head of the competent cadastral office or branch corrects the first entry in accordance with the provisions of the decision, which is noted on the relevant cadastral sheet, allowing only justified refusal. If the submitted application or objection is rejected, the decision is noted on the relevant cadastral sheet.
- Acceleration and digitization of the process of correcting spatial changes on cadastral maps.
- Simplification of the process of correcting obvious errors of cadastral records.
- Possibility of easily correcting “unknown owner” real estate records, in favor of the real and legal owner.
- Establishment of an appellate judgment procedure on applications for the correction of cadastral records.
- Accelerating the time of transcription of notarial deeds through the use of artificial intelligence.
- Establishment of the possibility of unilateral modification of horizontal or vertical ownership deedsin terms of the surface, outline and use of the properties.
- Possibility of transferring a horizontal building or vertical property with an area deviation of up to 2% without requiring correction of the title deed. Possibility of unilateral notarial transfer of the right of exclusive use of one property to another of it owner, of the same building, who lacks such a space.
- Possibility of lifting the invalidity of a transfer or establishment of a right in remthat have taken place before 1.5.2024 through the subsequent subjugation of arbitrariness or urban planning violations which had been installed before the above actions if allowed and if a Building Identity is drawn up. In the event that the notarial deed drawn up in violation of the first paragraph needs correction in terms of the details of the property, it can be corrected by the last acquirer of the right in rem, unilaterally, by attaching only the ENFIA Certificate of the last acquirer, the Completeness Certificate of Electronic Building Identity , the certificate of incorporation, the layout of the floor plan, and the extract of the cadastral diagram. Any required tax declaration is submitted unilaterally.
- Pre-agreements: Possibility of self-contracting final real estate transfer contracts with compelling reason in execution of old pre-agreements until 31.8.2024, with no expiry date.
- Extension of the deadline for validating “anomalous legal acts”until 31.12.2027.
li>New procedure for correcting cadastral records in forest areas, in case of a decision to accept objections against the forest map, so that the corrections are made within the Cadastre Office and not judicially.
These provisions will be analyzed in detail in a special seminar for POMIDA members that will take place on Thursday, October 10, 5 p.m. in the Event Hall of the offices of POMIDA, by the President and the scientific staff of POMIDA, with the participation of the President of the Coordinating Committee of the Notarial Associations of Greece Ms. Elene Kontogeorgou.
In this seminar will be an extensive reference to the subsidized building energy upgrade programs and a presentation by the “Information Society” of the process of connecting old and new buildings to the optical fiber network.
Here is the entire FINAL voted text of article 16 of s.n. :
Article 16 Possibility of unilateral rectification of contract details – Conditions and permissible deviations of area measurements – Removal of invalidity of transfer or creation of 18 real right due to subsequent subordination of arbitrariness – Amendment of para. a) of par. 1 Article 82 of Law 4495/2017
2. a) The owner of a horizontal or vertical property may unilaterally proceed with a notarial deed of modification of the horizontal or vertical property, as well as the monitoring or the areas of exclusive use thereof, in terms of surface, outline and use of the horizontal or vertical property, as these have been recorded or described in the establishment of horizontal/vertical properties, since the actual current situation has been created since the construction of the building and is recorded in the Electronic Building or Independent Divided Property Identity of article 53 of Law 4495/ 2017, under the following conditions: aa) existing overall percentages of co-ownership of the horizontal or vertical property on the plot of land and distribution of common expenses, as well as the rights and obligations of all horizontal properties of the building, are not affected, ab) the amount due from the change tax, and a) legally exist or have been subject to the provisions of Law 4495/2017. area deviation of up to two percent (2%) from the measurements indicated in the deeds of incorporation are considered acceptable and it is not necessary to amend or correct the deeds of incorporation and title deeds, in order to transfer the horizontal or vertical properties or for the establishment of real rights over them. This also applies to deviations of horizontal properties and parts of exclusive use of vertical properties that do not exceed the percentage of the first paragraph.
c) The owner of a horizontal property may unilaterally proceed with a notarial deed amending the establishment of a horizontal property of ownership regarding the transfer of the right of exclusive use of the specific horizontal property to another horizontal property of his own ownership, provided that the other horizontal property to which the right of exclusive use is transferred is located on the same building and does not have, already, right of exclusive use for the same purpose.
2. In paragraph a) of paragraph 1 of article 82 of Law 4495/2017 (A’ 167), on the prohibition of legal actions in real estate with arbitrary constructions or urban planning violations, paragraphs, third, fourth, fifth and sixth, are added, and the paragraph a) of par. 1 of article 82, following legal improvements, is formulated as follows:
“a) The transfer or creation of a real right in a property on which an arbitrary construction has been carried out is prohibited and absolutely invalid. paragraph 1a of article 81, or an arbitrary change of use has been installed according to paragraph 1b of article 81, or an urban planning violation of cases b), c), d) of paragraph 3 of article 81 has been committed. The above prohibition also includes real estate which are contributed to a company. The above invalidity of the transfers and representations of real rights that have taken place before 1.5.2024 is lifted by subsequent inclusion in the present provisions of the arbitrariness or the above urban planning violations that were established before the above actions, as long as this is permissible, and under the condition of drawing up an Electronic Building Identity or Independent Divided Ownership of article 53. In the event that the notarial deed drawn up in violation of the first paragraph needs correction in terms of the details of the property, this may be corrected by the last acquirer of the right in rem, unilaterally, acting on his own behalf and on behalf of the transferor, assuming that the acquirer acts under the provisions of articles 235, 223 and 726 of the Civil Code (p.d. 456/1984, A ‘ 164). During the relevant correction of the relevant deed, only the ENFIA Certificate of the last acquirer, the Certificate of Completion of the Electronic Building Identity or the Electronic Identity of Independent Divided Property of par. 3 of article 53, the certificate of ownership, the layout of the floor plan, and the excerpt of the cadastral register are attached diagram. Any required tax return is submitted unilaterally.”
Read the attached full text of the new law:
