Useful Information

This is a well known dilemma if someone has an old house to sell and buy a new one. What should I do first? Buy or Sell?

- It depends on the reasons why you wish to sell your estate and its condition.
- Of whether the estate prices are increasing or stable.
- The area where the estate is built.
- Request and offer in the area.

All the above can affect how quickly your estate will be bought or sold.
If selling of estates are reduced then it would be wise to begin the process of selling prior the purchase of a new one. If request for estates is increased then you should begin purchase prior to selling.

In order to achieve a successful deal you should keep in mind the following:

  • The actual value of your estate.
  • The best deals are achieved when both sides are in a good mood.
  • That the first impression counts and affects positively or negatively the possible buyer.
  • The floor should be clean and any damages should be repaired
  • If there is a mosaic on the floor, then you should replace it with tiles or marble.
  • Move any unnecessary furniture in order to present a spacious and functional house.
  • If the kitchen cabinets are old then replace them. If you cannot afford it, just repair them and paint them.
  • Replace problematic switches and repair any problems relevant to heating.
  • If there is any dampness make sure your repair them
  • If the dampness comes from the roof make sure you proceed to the necessary insulation.
  • In case the estate has not enough light, then you should paint the walls with smooth and luminary colors. If there is a fire place, then a mirror above it can create the sense that the space is larger.
  • If the property is land, or house with its main advantage being that of the view or the garden, then you should choose to present it only during sunny days.

What you should not do in order to achieve a better deal for your property are the following:

  • You should not spend a lot of money for the renovation of your house because each buyer has his/her own view of the space and many things will be changed at the estate.
  • You should not neglect to repair any electrical, plumbing or other damages and paint the walls.
  • You should not paint the walls with dark or intense colors.
  • You should not raise unreasonable demands.
  • Never come in contact with the buyer when you are in a hurry, tired or angry.
  • If your property is a land or a house with its main advantage being that of the view or the garden, never present it when it is raining or it is foggy.

Lawyer's Fee: The least fee foreseen by the lawyer's code is the following:

Fee 1% up to 45.000 €

Fee 0.5% from 45.001 € and over.

Additional € 14,67 for the purchase of revenue stamps.

The fee is deposited at the same time during the signing of the contract and after it is deposited to the Bar Association.

For buying and selling of an estate with an objective value or any value exceeding the objective one. e.g. for an estate of € 100.000 value you will have to pay (440,20 + 279,90 + 14,67) a total of € 734,77.

In addition to the above mentioned amount you will have to pay for audit, titles.

 

Estate Agent's fee: For the purchase or sale of your estate you will pay 2% on the final agreed price plus VAT 24%.

The payment of the estate agent is done at the signing of the final contract or at the signing of a pre-contract.

Attention: Make sure you cooperate with those real estate agencies that are legal and audited by the Professional Chamber and the Association of Estate Agencies of Thessaloniki so as to avoid unpleasant surprises.

The responsible professional estate agents will pleasantly surprise you with their high abilities in presentations and negotiations.

If you wish to sell your estate, you can assign the case to our office and we will promote the estate in the best possible way and achieve the best price.

  1. Documents regarding the estate:
    • ​​​​​​Construction license
    • Topographic with the affirmation of N.651/77 engineer or surveyor
    • Contractor agreement or contract to purchase land
    • Establishment of horizontal property
    • Regulation of the complex
    • Plan of percentage distribution
    • Plans of floors – warerooms - parking
    • Configure uncovered land use
    • Electrical plans to contract with Electricity Company (DEH) or DEH Account
    • Document with the hydrometer number of water company (EYATH) or EYATH Account
    • Document of fees for the real property (TAP) from the municipalities' of property.
       
  2. Documents regarding the seller:
    • Copy of identity card
    • Copy of Tax Office Paycheck.
    • Tax awareness
    • Insurance awareness
       
  3. Documents regarding the buyer:
    • When the buyer will pay taxes:
      • Copy of identity card
      • Copy of Tax Office Paycheck
    • When the buyer is entitled to not pay taxes:
      • Document on family status.
      • Copy of the tax statement (E1) of the last 5 years.
      • Copy of the tax Statement (E9) from 2005 and copies of the included properties contracts

The auditing of the ownership titles includes the following:

  • Check of their legality, as well as on the ownership status of the estate from the Portion's Books. The above check should cover duration of at least 20 years.
  • Check for any mortgages, foreclosures or court decisions by individuals or legal entities.
  • Check whether the estate has been acquired by inheritance in which case you should have the death certificate, the inheritance certificate and the certificate regarding the fact that it has been recalled or cancelled. If there is no certificate of inheritance then you will be asked to submit from the municipality certificates from the closer relatives. You may also be asked to submit the minutes from the publication of the will, a certificate of non- contestation of the inheritance right and a certification of a non-renunciation of inheritance.
  • Check at the Court in case the buyer owns a business, for a certificate of non- bankruptcy, or non-submission of an application for bankruptcy, or that he/she is not under a status of compulsory bankruptcy.

For the construction of a new house you will need to take important decisions at each stage, in order to make the best possible selections and ensure the highest quality in construction. The stages of construction are the following:
 
1. Studies. In order to achieve the best possible construction, a number of necessary studies should be done by an engineer according to your needs. The studies are prepared in such a way so as to be in agreement with the existing building conditions for each area, as well as in accordance to the existing general regulations such are, the General Building Regulations (G.O.K), the New Anti-Earthquake Regulation of Reinforced Concrete (NEKOS), the Building Construction Regulation, the Fire Safety Regulation, etc. The required studies are:

  • Topographic.
  • Architectural.
  • Static & Anti-Earthquake.
  • Heat Insulation.
  • Fire Safety.
  • Mechanical - Hydraulics - Electrical and of Electrical Installations. (The Mechanical and electrical studies are required for an estate of 3000 square meters and above, while the hydraulics and drainage study is required for estates of 2 floors and above, and of 1500 square meters size).

 
2. Construction License. The basic requirement in order to begin construction is the issuing of the relevant license. This is issued by the Town Planning agency and is valid for 4 years. In order to acquire such a license you should submit the following documentation:

  • Application by the owner.
  • All studies as mentioned above
  • Receipts of the payments done to Engineers for the studies.
  • Budget
  • Statements of the assigning or the undertaking of studies and supervisions.
  • Various approvals (Municipality, Forest Inspection, Archeological Agency, etc)
  • Receipts of payment of contributions to Public and Insurance Organizations (IKA, etc)
  • For even lands you need the title of possession and the certification of ownerships, while for lands that are not included in the city plan you need the additional approval by the Forest Inspection.

 
3. Construction. Regarding the construction of the estate you have the following choices:

  • Assign the complete construction to a contractor.
  • Assign the construction to more than one contractor for each one of the necessary works (concrete, walls, plastering, etc)
  • Have a contractor purchase the material or include the material at the price of the work to be done.
  • Let the contractor have the supervision or assign the supervision to an Engineer.

In any case you should form a private agreement that is called Written Obligations. The following should be mentioned in this agreement:

  • A detailed description of the works and material.
  • The clear definition of the price and the forms of payment.
  • Mention of whether the price includes the special tax FPA, which should be paid by the owner.
  • Determine the duration of works and time of delivery.
  • Mention the fact that the contractor is obliged to keep all foreseen by the Law safety measures, as well as to proceed to the necessary trials for the quality of material and especially the concrete, according to the advice of the Engineer.

Also make sure you do the following upon the beginning of the works: - Inform the local Police Department for the beginning of works submitting at the same time the relevant Construction license.

  • Pay on time, the insurance contributions to IKA and regularly fill out the lists it has given you. Any delays or negligence will create serious problems.
  • Ask for invoices for all works and material. Their submission is necessary for the connection of electrical power by DEH.

 
4.Supervision. Through supervision you ensure the good implementation of the study and the high quality of construction. You should keep in mind that any implementation of work without the supervision of an engineer is forbidden. The engineer is the one to supervise the works and makes sure that all safety rules are followed at the building site.
 
5. Safety Measures. The law enforces the taking of safety measures at the building site in order to protect the workers from falling, electrocution or any other injury, and to preserve the life and assets of the neighbors. The safety measures at the building site are indicated by the engineer-supervisor, but the owner is also responsible. Some of the safety measures include the following:

  • Fencing of the building site and a sign that states that entrance is forbidden.
  • Taking measures for the protection of workers such are helmets, boots, and gloves, depending on the performed work. .
  • Protection for falls with the use of safety belts, grates, closing of wells, etc.
  • Protection from the electrical power.
  • Stability of scaffolds, working areas, etc
  • Safety measures for the neighboring houses in cases of digging, demolitions, etc.

 
6. Anti-Earthquake protection. Due to high earthquake activity in our country you should seriously take under consideration especially during the study and the construction, anti-earthquake protection. The endurance of the estate in cases of earthquake is ensured by the static and anti-earthquake study prepared by the Engineer. Some of the elements that may affect the anti-earthquake protection of the building are the following:

  • The endurance of the land where the estate is built.
  • The substructure.
  • The building's symmetry.
  • The quality of material and the way the estate is built.

These elements are taken under consideration at the New Anti-Earthquake Regulation (NEAK) that should be followed meticulously. You should also keep in mind that you should check very carefully all building material, especially concrete and irons.
 
7. Completion of the Building. When all works are finished then you should proceed to the electrical power connection (DEH) as well as to the connection with other networks. You will have to do the following:

  • Submit an application to the Town Planning agency for a relevant examination.
  • Submit all payment receipts for the amounts you paid to the Engineers-Supervisors (in case you had not paid them at the issuing of the license).
  • Submit statements of the engineer and the owner mentioning that all studies accompanying the building license have been followed.
  • Submit to the tax office copies of the receipts of the contractors and the material used in order to get the relevant certification.

When all the above are done, then you can connect to all networks (DEH, OTE, EYATH, Natural Gas, etc).
 
8. Delivery of the House. Before moving into your house you should record any possible incompletion and report them to the constructor. Only in such a way you can request any kind of repair or replacement.

The cost for the construction of a house requires specialized techniques, special negotiations and good knowledge of the market.

Below you will find an indicative budget for the construction of a house of 130-150 square meters with a construction cost of €90.000.

A' Study & Issuing of Building License

4%

3.600

Diggings & Earthworks

2%

1.800

Shell of Armored Concrete

19%

17.100

Walls

4%

3.600

Plasters

6%

5.400

Insulations

3%

2.700

Glasses

3%

2.700

Iron works

2%

1.800

Frames (interior and exterior)

7%

6.300

Marble works

3%

2.700

Floors

8%

7.200

Electrical Installations

5%

4.500

Sanitary wear - tiles - taps etc.

5%

4.500

Heating system

4%

3.600

Water system - Drainage - Gas systems

5%

4.500

Paintings

7%

6.300

Kitchen furniture

5%

4.500

Different works (Fireplace, turn , e.t.c.).

3%

2.700

Environmental place set

5%

4.500

 

100%

90.000

Permanent parking at the building are now obligatory by law.

Before issuing the building license by the Town Planning agency, the Engineer should submit a plan-through a notarial act- that will determine the parking spaces. The number of parking spaces should be proportional to the coverage of the building.

Parking spaces may be placed either at the entrance of the building, or at the rooftop, or at the basement, or at a floor or at an open space and are separated to outside or inside places with enough space of at least 12 square meters, easy access and enough free space for movement.

The open space, the rooftop and the entrance of the building are considered as common spaces. The parking spaces are set at these areas, either through the agreement of all co-owners, which is attached to the regulation of the building, or through the formation or amendment of floor ownership with a notarian act. For any amendment to take place all co-owners should be in agreement.

- Open parking spaces are not a separate ownerships, i.e, they do not hold a participation percentage at the common land. These are given for exclusive use to any owner of horizontal ownerships, e.g. of an apartment, and is done through a special note at the purchase contract. The parking space is directly linked to the specific apartment and it cannot be transferred or rented to a third party. The open air parking space cannot be closed without the agreement of the other co-owners.

- Closed parking spaces are either foreseen by the building license or are created later through a review of the license by the Town Planning Agency. These spaces are not common areas and are part of the horizontal ownership and are part of the land. They can be transferred to any interested party without any limitation. The owners of such spaces have the right to rent the space unless this is forbidden by the regulation of the building. Finally, all these areas are loaded with common expenses, just like the apartments.

National Cadastre is a system of technical, legal and other additional information on all Greek estates, organized in a relevant database according to Law Νόμο 2664/98.

This information aims at the exact determination of the boundaries of the estates and the publication of all registered rights and problems at the cadastre books.

What are the reasons for the enforcement of the National Cadastre?
The reasons enforcing the editing of the National Cadastre in our country are the following:

  • The reservation of public faith regarding the estates' transactions.
  • The need for the registering and protection of public belongings and sensitive areas of the country such are forests, seashores and biotopes of the country. 
  • The ability to implement policies regarding land (land planning, housing, agricultural, use of land, etc.) .
  • The ability to enforce a variety of taxes on estates (tax of estate, TAP, special taxes, etc).

What are the benefits from National Cadastre?
The immediate benefits ensured for the civilian are:

  • Final safeguard of the ownership titles. 
  • Facilitation and simplification of estate transfers. 
  • Reduction to the minimum of the expenses of the necessary time required for each transfer. 
  • Acquittal of civilians from time and cost consuming bureaucratic procedures. 
  • Ensuring of the immediate and safe procedure regarding expropriations and compensations. 

The benefits ensured for the society and the state, are the following: 

  • Irreversible borderlines for public and municipal belongings
  • Upgrade of the environment with the limitation of fires, trespasses and arbitrary actions. 
  • Implementation of a contemporary policy with works that will result in effective use of land. 
  • Implementation of a contemporary housing policy that will offer well planned land appropriate for development. 
  • Use and protection of forests and other natural sources. 
  • Reveal of public belongings worth of at least three billion Euros.

What does the National Cadastre do?
Our country covers a land of 131.950 square meters that are distributed as follows:

Built areas    4.890 τ.χ.
Agricultural areas    39.450 τ.χ.
Forests    82.070 τ.χ.
Lakes-rivers    3.080 τ.χ.
Οther areas    2.460 τ.χ.

Especially forest areas of Greece are distributed as follows:
Forests    29.510 τ.χ.
Rangelands    52.560 τ.χ.


Basic Concepts of the National Cadastre:

  • Piece of land: This is a continuous part of the land surface along with the buildings found in it. 
  • Cadastral diagrams: These depict the cadastral area that belongs to the responsibility of each cadastral office, and are kept in a digital form. 
  • Cadastral tables: These are the registered files of temporary titles and rights. 
  • Cadastral Books: These consist of cadastral documents, where all foreseen by the law cadastral registrations are registered. 
  • Code Number of National Cadastre (KAEK). This is a 12 digit number unique for each piece of land in the country. In case of a horizontal ownership of a building this number is a 16 digit one. 

The first two digits correspond to the Law, the two next to the Municipality or Community, the following two to the department of the Municipality, the following two to the Building block and the last three to the number of the land. 

Four more digits are added in case of a horizontal ownership (apartment, office or store). 

The first two to the number of the building and the last two to the floor and the position of the specific horizontal ownership. 

  • Additional information on the estate: Consist of extra information as is its use and value.
     

In which way we can make a research at the National Cadastre?
Today 391 Land Registries are in operation in Greece under the supervision of the Ministry of Justice. 19 of these are staffed with public servants (Athens, Piraeus, Thessaloniki, Patra, Heraklion, etc.), and 372 are unsalaried. These offices are managed by legal staff (Land registers).
(Υποθυκοφύλακες). Το σύνολο των υπαλλήλων που απασχολούνται είναι 250 περίπου μόνιμοι υπάλληλοι και 50 έκτακτοι στα έμμισθα που υπάγονται οργανικά στο Υπουργείο Δικαιοσύνης και 500 περίπου με σχέση αορίστου χρόνου στα άμισθα υποθηκοφυλακεία.

The total of the employees are approximately 250 permanent employees and 50 special employees at the offices belong to the Ministry of Justice, while approximately 500 employees work with a contract of indefinite period at the unsalaried land registries. The transferring systems that is in use today, foresees the transcription at the land registries of any act through which a title is transferred, altered or formed (e.g. transfers, mortgages, etc). 

The existing law foresees the alteration of the existing land registries to cadastral offices. 
All data of the National Cadastre will be registered electronically. 

The research for the owner of each piece of land, apartment, office, etc, will be done as follows:

  • Through the code number of each estate (KAEK). 
  • The address of each estate. 

With the completion of the cadastre and the linkage of its files, you will be able to find estates and owners all over the country.

This is a well known dilemma if someone has an old house to sell and buy a new one. What should I do first? Buy or Sell?

- It depends on the reasons why you wish to sell your estate and its condition.
- Of whether the estate prices are increasing or stable.
- The area where the estate is built.
- Request and offer in the area.

All the above can affect how quickly your estate will be bought or sold.
If selling of estates are reduced then it would be wise to begin the process of selling prior the purchase of a new one. If request for estates is increased then you should begin purchase prior to selling.

First of all you should determine the following:
- How much you are willing to spend for the purchase of an estate.
- The family needs and the size of the house (e.g. two, three or four bedrooms)
- Think of your vehicles (transportation or parking depending on the area where the house is placed).
- Check the area for good schools, parks and generally all those conditions that will ensure a comfortable and safe life.

  1. Perspective for a surplus estate value:
    - Due to the fact that every estate is not a true bargain, you should be informed by special estate advisors on the perspective of plans made for a reformation of your area. If such works are not planned, maybe the value of reselling your property will be reduced.
     
  2. Research for the determination of the actual price:
    - Research on estate prices at the area you are interested in, since there are many owners that have over-valued their estates and ask for unreasonable prices.
     
  3. Check on prices and information on the estate:
    - Assign a lawyer to check on the titles of the estate you have selected to avoid nasty surprises. This is probably the most important stage in the purchase of an estate.
    -Following the check at the land registry you will have information regarding the state of the property. In the case where the estate is still under construction, you should check the state of the land.
    - A check at the Town Planning agency will tell you whether or not the estate has been arbitrarily built.
    - If you are interested in purchasing land, then you should request a check at the Archeological Department.
     
  4. In case of an old estate you should:
    - Pay attention at the year of construction.
    - Get an engineer to examine the estate and offer you advice on technical issues and trace any possible faults in construction.
     
  5. In case of a new estate you should:
    - Select the area you are interested in.
    - If you wish to purchase from a contractor, we will propose the best one for your needs. A necessary condition for the proper choice is to request from the constructor to write all obligations and give you the ground plan.
    - Make sure you have your loan issued on time in order to avoid any legal penalties.
     
  6. Purchase of land not included in the town plan
    -If you are purchasing a land that is not included in the town plan you should be aware of the limit of square meters required to build.
    - Generally the required limit is that of four thousand square meters with the ability to build an area of 200 square meters, and from then on for every 1000 square meters, 20 square meters. In special cases the limit may be reduced to two or increased in eight.
    - You should also be aware of whether you have the ability to separate a part, e.g. of 10 thousand square meters in smaller pieces, since the Town Planning in such cases demands for a road to be present among the two pieces of land.
     
  7. Down payment
    - Following the final selection of the estate you wish to purchase you should give a down payment, as a commitment in order for the estate broker to stop negotiations with other buyers.
    - In the case of an under construction estate you should know that if the frame is complete then the constructor has spent approximately 35% of the budget, while if the walls are completed the constructor has spent 40%, if the plumbing and electrical works are over then the constructor has spent 45% and if the coatings are done then the constructor has spent 50% of the budget.
    - You should be aware that no down payment with a simple receipt binds either one of the buyer-seller.
    - This can only be done through a notarian act

At every visit you should observe and keep notes on the following items in order to be able to make later comparisons:

  • The interior and exterior condition of the apartment (walls, windows, roof, etc). Keep notes.
  • If there have been repairs request to see them
  • Humidity, sound proof and other problems. Ask to know how they have dealt with them.
  • Detailed analysis of what is included at the purchase of the estate (e.g. parking, storage area). - How comfortable are the spaces and if they satisfy your family's needs.
  • Size of the balconies and whether there is any kind of view from them.
  • The distance of the estate from other estates and the size of the road where the estate is placed.
  • If it is angular or it has a park or other areas in front of it.
  • If there is rooftop insulation or a roof in case the apartment is at the last floor.
  • The formation of the common spaces and the areas for children.

The expenses for the buying and selling of your estate include the following:

Tax: For the property purchase you will have to pay by the value stated on the contract:

Tax 3% for newly built or used house and sold by its owner.

Or

Tax 24% (VAT) if it is newly built and sold by a construction company.

Lawyer's Fee: The least fee foreseen by the lawyer's code is the following:

Fee 1% up to 45.000 €

Fee 0.5% from 45.001 € and over.

Additional € 14,67 for the purchase of revenue stamps.

The fee is deposited at the same time during the signing of the contract and after it is deposited to the Bar Association.

For buying and selling of an estate with an objective value or any value exceeding the objective one. e.g. for an estate of € 100.000 value you will have to pay (440,20 + 279,90 + 14,67) a total of € 734,77.

In addition to the above mentioned amount you will have to pay for audit, titles.

Notary's fee:

Notary fee: (Buyer) For the property purchase you will have to pay by the value stated on the contract.

Fee 1% for a price until 120.000€.

Fee 0.7% for prices between 120.000€ and 380.000€.

Fee 0.65% for prices between 380.000€ and 2.000.000€.

Plus VAT 24%.

The above fee does not include the cost of certified copies of contracts which is approximately per sheet.

The first copy is kept by you, the second one is for the transfer to the land registry and the third for the tax office. The copy for the tax office is not required to be validated. In the case of a loan, another validated copy for the bank is required.

Estate Agent's fee: For the purchase or sale of your estate you will pay 2% on the final agreed price plus VAT 24%.

The payment of the estate agent is done at the signing of the final contract or at the signing of a pre-contract.

Attention: Make sure you cooperate with those real estate agencies that are legal and audited by the Professional Chamber and the Association of Estate Agencies of Thessaloniki so as to avoid unpleasant surprises.

Do not sign more than one order for the same estate.

The responsible professional estate agents will pleasantly surprise you with their high abilities in presentations and negotiations.

If you wish to purchase an estate, just tell us what you are looking for and we will do the rest.

 

  • The buyer is obliged to submit a Tax Statement for the transfer of the estate (FMA) and deposit the relevant tax. The statement is submitted in common with the seller and should be signed by both.
  • The buyer is entitled to transfer tax exemption in part or in total, if the relevant requirements are met.
  • If you disagree with the amount of the transfer tax, you can file a request at the Tax Courts within 20 days from the submission of the statement.
  • The statement is submitted by the buyer or a representative at the Department of Capital of the relevant tax office where the estate is registered.
  • Both the buyer and the seller should have a Number of Tax Registry (AFM)
  • The FMA statement is submitted prior to the signing of the contract.

From 01/01/2003 the second tax exemption for estates transferred has been abolished. There is though the possibility for a new exemption from transfer tax on inheritance taxation, parental provision and purchase for as many times as the tax payer wants, if the estate he/she is not an owner of an estate that fulfills his/her housing needs and the tax payer has submitted the tax of the previous exemption of any cause.

Documents for a simple Loan:

  1. For the pre-approval of the Loan.
    • Application for a Housing Loan
    • Copy of the Identity Card or Passport.
    • Copy of the three (3) most recent payment receipts (for employees).
    • Copy of the tax statements of the three (3) most recent years.
    • Three most recent issued balance sheets or the detailed tax data (Ε3) of the (3) most recent years. (Only for professionals/ businessmen).
       
  2. For the approval of the Loan.
    • The most recent title of the estate. (If it is an apartment you will need a detailed design of the building and the building's rules and regulations).
    • Document that proves the transfer of the estate.
    • Document that proves ownership from the share of the one making the transfer.
    • Document regarding any foreclosures, non-sales and non-claims from the Land Registry.
    • Documents regarding any constituencies that are mentioned in the estate's titles.
    • Cadastral extract (in case the area of the estate has been included at the National Cadastre).
    • Topographic design of the land & design of coverage.
    • Ground plan of the offered for guarantee estate
    • Budget of works (in case of building, completion, etc)
    • Copy of the building license from the Town planning office.
       
  3. For the drawn of the Loan.
    • Document of the registration of mortgaging by the relevant land registry.
    • Documents related to tax and insurance.

Documents for a subsidized Loan:

  • Document on family status.
  • Copy of tax statement or a validated by the Tax office copy of the E9 document, where the estates are declared.
  • A statement Ν.1599/86 that will declare that this is the first residence and that you have received a subsidized loan from any other agency.
  • Document stating the objective value of the estate (only for cases of construction).
  • Certification of Studies from recognized foreign or Greek schools (if there are children that study).
  • Document proving inability (if there is an adult child with an inability of more than 67%.
  • Divorce documents and the court decision regarding the custody of minor children (in case the parents are divorced).
  • Death Certificate (in case of widowhood).

If you are thinking in going ahead with such a buy you should be extremely careful.

The buyer of a land that it would be co-owned with others aims usually to participate at the building of the land and acquire a separate ownership in some of the estates that will be constructed. For the acquisition of separate ownership the horizontal and vertical land should be composed through a notary action. You should first understand the meaning of the following terms:

  • Land. This is a part of land that is placed within a specific town, city, village plan, or within the borders of a housing complex with not a specific plan.
  • Co-ownership. It means that the rights and obligations of each one of the owners are determined based on the percentage of ownership of the estate.
  • Construction of an estate on land. .In order to build an estate on a land, this should follow all necessary conditions according to article 6 of the Law 1577/85.
  • Horizontal ownership. . With this term we mean the setting of separate ownerships for each owner, for an estate comprising of more than one floor, or on the land, or on the total of estates, or on one or more of the floors that serve a use (e.g. apartment, office, store, etc). Accordingly the percentage of co-ownership is also determined for the land and the common areas of the estates.
  • Vertical ownership. With this term we mean the co-ownership at a land, with the right to construct more than one estate, either attached or separate from one another. Each co-owner acquires exclusive ownership either of one of the estates or a part of them, while he/she has the right to exclusively use that part of the land where the estate he/she owns will be built at.

 
Before going through with the purchase of a land with others or a land that includes a semi-finished estate you should pay attention to the following:

  • The existence of a notary action of a horizontal or vertical ownership.
  • That there is a percentage for the coverage for your own building as well.
  • That the building terms have not been changed, with a reduction at the building coefficient, a reduction of the allowed height, a reduction of the coverage percentage, etc.

    If these three conditions are met, then you can proceed with the purchase of a horizontal or vertical ownership.

 
In the case of land, you should pay attention for the following:

  • That you can have a horizontal ownership if the land meets the conditions for building.
  • That there is no possibility for vertical ownership that was abolished through Law 2052/92.
  • That you may encounter problems if the land is not a result of a legal partition.
  • That in the case the land is a part of a large fortune of the seller in the same area, the possibility of a debt in land or money should be examined. In some cases there is the possibility that the land does not meet the conditions for building.
  • That you should check with the Forest Inspection in order to make sure that the land is not a part of the forest. You should also check with the Archeological Agency.

In the case the land is not included in the city plan, you should check both the building conditions and the legality of the land's titles.

One of the most usual problems is the full use of the allowed building percentage by the others co-owners. This situation creates even more arbitrary actions especially by that co-owner who has been left with no building percentage. In any other case there is no possibility for building.

Most of arbitrary actions around Greece, based on the examinations done by the Town Planning Agency, are found in buildings constructed at lands not included in the city plan that were co-owned by many owners.

 
Being aware of all the above you should proceed to all necessary research that includes the following:

  • You should look for the initial act of commendation that should have attached the topographical diagram.
  • You should check the act of commendation so it includes all rights and obligations of the owners that have already began to build and of those that have not started yet.
  • You should check at the vertical ownership that the two or more parts of the whole land are clearly imprinted at the coverage diagram of the land, with a clear boundary that separates one from the other, and that the building coefficient of the whole land and of each of the parts are clearly stated.
  • You should check of whether the land is constrained by the Municipality or if it is mortgaged at the Land Registry, or even if there is any problem regarding archeological findings according to relevant articles and by laws.

For the construction of a new house you will need to take important decisions at each stage, in order to make the best possible selections and ensure the highest quality in construction. The stages of construction are the following:
 
1. Studies. In order to achieve the best possible construction, a number of necessary studies should be done by an engineer according to your needs. The studies are prepared in such a way so as to be in agreement with the existing building conditions for each area, as well as in accordance to the existing general regulations such are, the General Building Regulations (G.O.K), the New Anti-Earthquake Regulation of Reinforced Concrete (NEKOS), the Building Construction Regulation, the Fire Safety Regulation, etc. The required studies are:

  • Topographic.
  • Architectural.
  • Static & Anti-Earthquake.
  • Heat Insulation.
  • Fire Safety.
  • Mechanical - Hydraulics - Electrical and of Electrical Installations. (The Mechanical and electrical studies are required for an estate of 3000 square meters and above, while the hydraulics and drainage study is required for estates of 2 floors and above, and of 1500 square meters size).

 
2. Construction License. The basic requirement in order to begin construction is the issuing of the relevant license. This is issued by the Town Planning agency and is valid for 4 years. In order to acquire such a license you should submit the following documentation:

  • Application by the owner.
  • All studies as mentioned above
  • Receipts of the payments done to Engineers for the studies.
  • Budget
  • Statements of the assigning or the undertaking of studies and supervisions.
  • Various approvals (Municipality, Forest Inspection, Archeological Agency, etc)
  • Receipts of payment of contributions to Public and Insurance Organizations (IKA, etc)
  • For even lands you need the title of possession and the certification of ownerships, while for lands that are not included in the city plan you need the additional approval by the Forest Inspection.

 
3. Construction. Regarding the construction of the estate you have the following choices:

  • Assign the complete construction to a contractor.
  • Assign the construction to more than one contractor for each one of the necessary works (concrete, walls, plastering, etc)
  • Have a contractor purchase the material or include the material at the price of the work to be done.
  • Let the contractor have the supervision or assign the supervision to an Engineer.

In any case you should form a private agreement that is called Written Obligations. The following should be mentioned in this agreement:

  • A detailed description of the works and material.
  • The clear definition of the price and the forms of payment.
  • Mention of whether the price includes the special tax FPA, which should be paid by the owner.
  • Determine the duration of works and time of delivery.
  • Mention the fact that the contractor is obliged to keep all foreseen by the Law safety measures, as well as to proceed to the necessary trials for the quality of material and especially the concrete, according to the advice of the Engineer.

Also make sure you do the following upon the beginning of the works: - Inform the local Police Department for the beginning of works submitting at the same time the relevant Construction license.

  • Pay on time, the insurance contributions to IKA and regularly fill out the lists it has given you. Any delays or negligence will create serious problems.
  • Ask for invoices for all works and material. Their submission is necessary for the connection of electrical power by DEH.

 
4.Supervision. Through supervision you ensure the good implementation of the study and the high quality of construction. You should keep in mind that any implementation of work without the supervision of an engineer is forbidden. The engineer is the one to supervise the works and makes sure that all safety rules are followed at the building site.
 
5. Safety Measures. The law enforces the taking of safety measures at the building site in order to protect the workers from falling, electrocution or any other injury, and to preserve the life and assets of the neighbors. The safety measures at the building site are indicated by the engineer-supervisor, but the owner is also responsible. Some of the safety measures include the following:

  • Fencing of the building site and a sign that states that entrance is forbidden.
  • Taking measures for the protection of workers such are helmets, boots, and gloves, depending on the performed work. .
  • Protection for falls with the use of safety belts, grates, closing of wells, etc.
  • Protection from the electrical power.
  • Stability of scaffolds, working areas, etc
  • Safety measures for the neighboring houses in cases of digging, demolitions, etc.

 
6. Anti-Earthquake protection. Due to high earthquake activity in our country you should seriously take under consideration especially during the study and the construction, anti-earthquake protection. The endurance of the estate in cases of earthquake is ensured by the static and anti-earthquake study prepared by the Engineer. Some of the elements that may affect the anti-earthquake protection of the building are the following:

  • The endurance of the land where the estate is built.
  • The substructure.
  • The building's symmetry.
  • The quality of material and the way the estate is built.

These elements are taken under consideration at the New Anti-Earthquake Regulation (NEAK) that should be followed meticulously. You should also keep in mind that you should check very carefully all building material, especially concrete and irons.
 
7. Completion of the Building. When all works are finished then you should proceed to the electrical power connection (DEH) as well as to the connection with other networks. You will have to do the following:

  • Submit an application to the Town Planning agency for a relevant examination.
  • Submit all payment receipts for the amounts you paid to the Engineers-Supervisors (in case you had not paid them at the issuing of the license).
  • Submit statements of the engineer and the owner mentioning that all studies accompanying the building license have been followed.
  • Submit to the tax office copies of the receipts of the contractors and the material used in order to get the relevant certification.

When all the above are done, then you can connect to all networks (DEH, OTE, EYATH, Natural Gas, etc).
 
8. Delivery of the House. Before moving into your house you should record any possible incompletion and report them to the constructor. Only in such a way you can request any kind of repair or replacement.

The cost for the construction of a house requires specialized techniques, special negotiations and good knowledge of the market.

Below you will find an indicative budget for the construction of a house of 130-150 square meters with a construction cost of €90.000.

A' Study & Issuing of Building License

4%

3.600

Diggings & Earthworks

2%

1.800

Shell of Armored Concrete

19%

17.100

Walls

4%

3.600

Plasters

6%

5.400

Insulations

3%

2.700

Glasses

3%

2.700

Iron works

2%

1.800

Frames (interior and exterior)

7%

6.300

Marble works

3%

2.700

Floors

8%

7.200

Electrical Installations

5%

4.500

Sanitary wear - tiles - taps etc.

5%

4.500

Heating system

4%

3.600

Water system - Drainage - Gas systems

5%

4.500

Paintings

7%

6.300

Kitchen furniture

5%

4.500

Different works (Fireplace, turn , e.t.c.).

3%

2.700

Environmental place set

5%

4.500

 

100%

90.000

Permanent parking at the building are now obligatory by law.

Before issuing the building license by the Town Planning agency, the Engineer should submit a plan-through a notarial act- that will determine the parking spaces. The number of parking spaces should be proportional to the coverage of the building.

Parking spaces may be placed either at the entrance of the building, or at the rooftop, or at the basement, or at a floor or at an open space and are separated to outside or inside places with enough space of at least 12 square meters, easy access and enough free space for movement.

The open space, the rooftop and the entrance of the building are considered as common spaces. The parking spaces are set at these areas, either through the agreement of all co-owners, which is attached to the regulation of the building, or through the formation or amendment of floor ownership with a notarian act. For any amendment to take place all co-owners should be in agreement.

- Open parking spaces are not a separate ownerships, i.e, they do not hold a participation percentage at the common land. These are given for exclusive use to any owner of horizontal ownerships, e.g. of an apartment, and is done through a special note at the purchase contract. The parking space is directly linked to the specific apartment and it cannot be transferred or rented to a third party. The open air parking space cannot be closed without the agreement of the other co-owners.

- Closed parking spaces are either foreseen by the building license or are created later through a review of the license by the Town Planning Agency. These spaces are not common areas and are part of the horizontal ownership and are part of the land. They can be transferred to any interested party without any limitation. The owners of such spaces have the right to rent the space unless this is forbidden by the regulation of the building. Finally, all these areas are loaded with common expenses, just like the apartments.

National Cadastre is a system of technical, legal and other additional information on all Greek estates, organized in a relevant database according to Law Νόμο 2664/98.

This information aims at the exact determination of the boundaries of the estates and the publication of all registered rights and problems at the cadastre books.

What are the reasons for the enforcement of the National Cadastre?
The reasons enforcing the editing of the National Cadastre in our country are the following:

  • The reservation of public faith regarding the estates' transactions.
  • The need for the registering and protection of public belongings and sensitive areas of the country such are forests, seashores and biotopes of the country. 
  • The ability to implement policies regarding land (land planning, housing, agricultural, use of land, etc.) .
  • The ability to enforce a variety of taxes on estates (tax of estate, TAP, special taxes, etc).

What are the benefits from National Cadastre?
The immediate benefits ensured for the civilian are:

  • Final safeguard of the ownership titles. 
  • Facilitation and simplification of estate transfers. 
  • Reduction to the minimum of the expenses of the necessary time required for each transfer. 
  • Acquittal of civilians from time and cost consuming bureaucratic procedures. 
  • Ensuring of the immediate and safe procedure regarding expropriations and compensations. 

The benefits ensured for the society and the state, are the following: 

  • Irreversible borderlines for public and municipal belongings
  • Upgrade of the environment with the limitation of fires, trespasses and arbitrary actions. 
  • Implementation of a contemporary policy with works that will result in effective use of land. 
  • Implementation of a contemporary housing policy that will offer well planned land appropriate for development. 
  • Use and protection of forests and other natural sources. 
  • Reveal of public belongings worth of at least three billion Euros.

What does the National Cadastre do?
Our country covers a land of 131.950 square meters that are distributed as follows:

Built areas    4.890 τ.χ.
Agricultural areas    39.450 τ.χ.
Forests    82.070 τ.χ.
Lakes-rivers    3.080 τ.χ.
Οther areas    2.460 τ.χ.

Especially forest areas of Greece are distributed as follows:
Forests    29.510 τ.χ.
Rangelands    52.560 τ.χ.


Basic Concepts of the National Cadastre:

  • Piece of land: This is a continuous part of the land surface along with the buildings found in it. 
  • Cadastral diagrams: These depict the cadastral area that belongs to the responsibility of each cadastral office, and are kept in a digital form. 
  • Cadastral tables: These are the registered files of temporary titles and rights. 
  • Cadastral Books: These consist of cadastral documents, where all foreseen by the law cadastral registrations are registered. 
  • Code Number of National Cadastre (KAEK). This is a 12 digit number unique for each piece of land in the country. In case of a horizontal ownership of a building this number is a 16 digit one. 

The first two digits correspond to the Law, the two next to the Municipality or Community, the following two to the department of the Municipality, the following two to the Building block and the last three to the number of the land. 

Four more digits are added in case of a horizontal ownership (apartment, office or store). 

The first two to the number of the building and the last two to the floor and the position of the specific horizontal ownership. 

  • Additional information on the estate: Consist of extra information as is its use and value.
     

In which way we can make a research at the National Cadastre?
Today 391 Land Registries are in operation in Greece under the supervision of the Ministry of Justice. 19 of these are staffed with public servants (Athens, Piraeus, Thessaloniki, Patra, Heraklion, etc.), and 372 are unsalaried. These offices are managed by legal staff (Land registers).
(Υποθυκοφύλακες). Το σύνολο των υπαλλήλων που απασχολούνται είναι 250 περίπου μόνιμοι υπάλληλοι και 50 έκτακτοι στα έμμισθα που υπάγονται οργανικά στο Υπουργείο Δικαιοσύνης και 500 περίπου με σχέση αορίστου χρόνου στα άμισθα υποθηκοφυλακεία.

The total of the employees are approximately 250 permanent employees and 50 special employees at the offices belong to the Ministry of Justice, while approximately 500 employees work with a contract of indefinite period at the unsalaried land registries. The transferring systems that is in use today, foresees the transcription at the land registries of any act through which a title is transferred, altered or formed (e.g. transfers, mortgages, etc). 

The existing law foresees the alteration of the existing land registries to cadastral offices. 
All data of the National Cadastre will be registered electronically. 

The research for the owner of each piece of land, apartment, office, etc, will be done as follows:

  • Through the code number of each estate (KAEK). 
  • The address of each estate. 

With the completion of the cadastre and the linkage of its files, you will be able to find estates and owners all over the country.

At every visit you should observe and keep notes on the following items in order to be able to make later comparisons:

  • The interior and exterior condition of the apartment (walls, windows, roof, etc). Keep notes.
  • If there have been repairs request to see them
  • Humidity, sound proof and other problems. Ask to know how they have dealt with them.
  • Detailed analysis of what is included at the purchase of the estate (e.g. parking, storage area). - How comfortable are the spaces and if they satisfy your family's needs.
  • Size of the balconies and whether there is any kind of view from them.
  • The distance of the estate from other estates and the size of the road where the estate is placed.
  • If it is angular or it has a park or other areas in front of it.
  • If there is rooftop insulation or a roof in case the apartment is at the last floor.
  • The formation of the common spaces and the areas for children.