To the Minister of State Mr. Kyriakos Pierrakakis
Inside Athens, 10.7.2019 /p>
KOIN. Offices of the Prime Minister, Government Representative, Minister of Finance.
TOPIC: The first goal is to cut red tape in real estate transfer contracts!
Dear Minister
Warm congratulations on assuming your duties, and our best wishes for success in the important work that awaits you!
On the occasion of your important statement yesterday about “declaration of unyielding struggle” against bureaucracy, we would like to point out to you as an immediate priority of your Ministry, the explicit commitment of the Prime Minister Mr. Kyriakos Mitsotakis to drastically limit the ever-increasing bureaucracy when drawing up all kinds of real estate transfer contracts.!
Today the drawing up of a property transfer contract, even of parental care, requires the seller to gather at least ten (10) of the total 23 prescribed supporting documents, often at a significant financial cost, and with a collection time of three to six months, with the result that this “Golgotha” inconveniences citizens, even leads to the cancellation of legal actions, and in general to hinder the smooth functioning of the real estate market and the economy of our country.
For your convenience, we list the current full list of 23 documents and supporting documents required by sellers or donors (parents- providers) of real estate for drawing up a real estate transfer contract, but also inheritance benefits. Their total number is 23 and the minimum number of required documents is 10 (marked on a yellow background).
A. Certificates/declarations for non-debt to the public:
- PROOF OF TAX AWARENESS OF THE SELLER n. 1882/1990. In any contract of transfer of property, burdensome or gratuitous, the creation of a real right in real property, the distribution of common property, the exchange of real estate and the creation of horizontal ownership or modification of the creation of horizontal ownership, or, only in a contract of transfer property or establishment of a real right on it due to compelling reason, instead of the above proof of awareness, certificate of the transferor’s debt to the State,on the condition of deducting the amount of the debt from the price of the purchase and sale and the return of to the Public by the notary or the Authority or the Credit Institution, which will grant the loan.
- ENFIA CERTIFICATE, Law 4174/2013 In every promissory or expropriation deed, by which rights in real estate are created, altered, altered or transferred, for any reason, or a right of pre-notification or mortgage is granted thereon and in acceptance of inheritance, for the last five years, thatthe taxpayer for this property has paid the corresponding tax based on a declaration for all the years listed/has been exempted based on a declaration and for the same years specified above has paid the FAP and ENFIA/has settled either separately or cumulatively strong> with the above certificate.
- PROPERTY TRANSFER TAX DECLARATION or VAT. 24%and the tax collection duplicate for the contract. or GIFT-PARENTAL PROVISION_- INHERITANCE TAX STATEMENT. in the D.O.Y . of theproperty.
- CERTIFICATE REGARDING NON-DUE INHERITANCE-DONOR TAX, Law 2961/2001. In any contract by which ownership is transferred or a right in rem is established in immovable or movable property acquired by reason of death or donation or parental benefit or dowry, as well as when a claim acquired by any of the above causes is paid or assigned in whole or in part , from the D.O.Y of the property.
- VALUE TAX DECLARATION n. 4152/2013in the D.O.Y. of the seller‘s income, if he acquired the property being sold for any reason after 1-1-2013 (suspended until 31-12-2019).
B. Certificates / declarations of non-debt to O.T.A. etc.
- CERTIFICATE OF THE MUNICIPALITY OF NON-DUE TAP, on penalty of nullity of the contract, N 4483/2017. CERTIFICATE FROM THE MUNICIPALITY REGARDING THE SUBMISSION OF A DECLARATION OF OWNERSHIP or NON-DUE CONTRIBUTION OF MONEY Law 1337/1983 >. In every deed during life and in the acceptance of an inheritance concerning a property included in the plan in accordance with the provisions of Law 1337/1983.
- CERTIFICATE OF INSURANCE AWARENESS. u>In every transfer contract of real estate, encumbrance or charitable cause of the transferor issued by the Social Insurance Institution (I.K.A.),otherwise a responsible declaration that it falls under an exception and is not required .
C. Certificates of engineers, mechanical engineers, surveyors, etc.
- CERTIFICATE OF CIVIL ENGINEER ON TOWN PLANNING LEGALITY n. 4178/2013,of the transferred property, and in case of settlement of irregularities, certificate of completion of the process of incorporationin the provisions of Law 4178/2013 with payment of the single special fine or percentage of 30 % thereof and floor plan of the property. This certificate will be replaced by the “Building Identity” (Law 4495/2017).
- CERTIFICATE OF ENERGY INSPECTOR Law 3661/2008, the energy efficiency of a building, Law 3661/2008,as amended and in force and article 4 of Law 4122/2013.
- TOPOGRAPHIC DIAGRAM OF A PARCEL FROM A SURVEYORa) Depending on state coordinatesthat accompanies the attestation of Law 4178/2014, and b) a surveyor’s topographic diagram of a plot of land dependent on state coordinates, due to the provisions of Law 651/1975.
- RESPONSIBILITY OWNER’S DECLARATION n.4178/2013regarding urban planning legality of the transferred property.
- COPY OF BUILDING PERMIT, if the property was built after 3-14-1983, otherwise a responsible declaration of the owner, Law 1337/1983.
- DECUTE OF PROPERTY ADJUSTMENT PROCEDURE PROCEDUREaccording to the provisions of Law 3843/2010
D. Documents from the National Land Registry
- EXCERPT OF LAND CHART n. 2664/1998, if it is located within the Land Registry or within the Land Registry of Protefousis (area of Kallithea and partly P. Faliro) or
- CERTIFICATE OF LAND REGISTERED PROPERTYof the competent Land Registry Office, that the parcel of land has been included in the temporary cadastral data posted by the National Land Registry.
E. Certificates for forest-frontier properties
- ACT OF CHARACTERIZING THE FOREST RANGEwith the topographical diagram attached to it, from which it follows that the transferred area is characterized as non-forest, falling within the provisions of par. 6 of article 3 of Law 998/79, or forest, as well asPROCEDURE DECISION of the Forestry Office, where required.
- CERTIFICATION OF THE FORESTRY OFFICER ON “ACHAIA”of the transferred private forests, Law 998/1979. DECLARATION ART. 72 Law 998/1979 TO THE FORESTRY IN CASE OF TRANSFER OF PRIVATE FOREST OR FOREST AREA OVER 50 Acres, from which it follows that “@the transferor! @declared! that @intended! to @transmit! the above area to the buyer or to another person, in exchange for a minimum price of xxxEuros, upon his declaration! @salesman! the period of one (1) month (or four months) has passed without the State exercising the right of preference”.
- PERMISSION OF THE MINISTER OF AGRICULTURAL DEVELOPMENT & OF FOOD IN CASE OF DIVISION OF FOREST OWNERSHIP, according to which it allows the said division of forest area in accordance with article 60 of the N.D. 86/1969.
- CERTIFICATE FROM THE DIRECTORATE OF FORESTS or THE LAND OFFICEwhich IF THE LAND TRANSFERRED IS LOCATED IN AN AREA IN WHICH FOREST MAPS HAVE BEEN POSTED ACCORDING TO LAW 3889/2010.
- DECISION OF THE DISTRICT REGARDING THE LIFTING OF THE PROHIBITION ON THE PURCHASE OF PROPERTY IN A LIMITATION AREAof article 26 of Law. 1892/1990 as amended by article 114 of Law 3978/2011by natural and legal persons based outside the member states of the European Union and the European Free Trade Area, Law 1892/1990.
- CERTIFICATE OF THE LOCAL LAND IMPROVEMENT ORGANIZATION (T.O.E.B.),according to article 65 of Law 2538/1997, from which it follows that for the transferred parcel of land, there is no debt from irrigation fees and contributions from the transferor to this Organization in case the property is located within an operating land improvement organization.
F. DOCUMENTATION FOR PARENTAL BENEFITS – DONATIONS: ALL THE ABOVE DOCUMENTATION REQUIRED except those numbered 4, 5, 9, 10b -unless the plot of land within Z.O.E. etc- & 21.
G. Evidence for INHERITANCE RECEIPTS: ALL ABOVE EVIDENCE REQUIRED except those numbered 1, 3, 4, 5, 6b, 7, 8, 9, 10, 11, 12 -in excess -13 , 16 -for transaction security-, 17, 18, 19, 20, 21, 22.
At your disposal for any clarification and cooperation
The President
Stratos I. Paradias
Lawyer A.P.
President of the International Union of Property Owners (UIPI)
