Land Registry: find out what will happen to those property owners who do not file a declaration

Thousands of properties are at risk of being classified as “unknown owner”because they not registered in the Land Registry.

Those who own property and have not registered it with the Land Registry before the end of Novemberwill not be able to sell or transfer it until the necessary procedures are completedwhich are complex, time-consuming and costly, and may require legal action.

How to submit a declaration to the Land Registry

The declaration of title to the Land Registry is lodged either at the Land Registry office or electronically once the required documents have been scanned and the declaration can no longer be lodged by post. All forms and supporting documents are available at the Land Registry Offices and on the Hellenic Cadastre website www.ktimatologio.gr. In particular, declaration forms Δ1/Δ2 and accompanying documents are required (if applicable) for individuals:

• Completed and legally signed application according to Law No. 2308/1995.
• Title documents and documents confirming rights to real estate (for example, contracts, court decisions, administrative acts, etc., and acts of their transfer)
• A photocopy of the beneficiary's ID card (Δ.Α.Τ) or passport (Δ.Δ.) and a document (simple photocopy) confirming the taxpayer identification number (for example, a tax transcript, confirmation of the taxpayer identification number or invoice ΔΕΗ, ΟΤΕ).

For each registered right declared in the Land Register, the declarant pays a fixed cadastral fee. It is 35 euros for the right to the main premises (apartment, shop, plot with a building, undeveloped plot, plot of land, etc.) and 20 euros for auxiliary premises (parking space or storage room), which are independent horizontal real estate units ( when the contract for these premises indicates the percentage of joint ownership of the land plot, and they are not described in the contract as part of the divided property).

In rural areas (i.e. outside the plan and boundaries of settlements) individuals who have more than two registered rights (property rights or easements) within one cadastral OTApay a fixed fee for only two registered rights, regardless of the total number of such rights.

If there is more than one beneficiary, joint tenants of the property must file title in proportion to their share and pay a fixed filing fee each.

Extension of time limit for making corrections to original registration records

The deadline for submitting property declarations to the cadastre expires on November 30, 2024, the same deadline until recently for correcting initial cadastral records. However, on the recommendation of the plenary meeting of the Bar Association, the period for correcting the initial registration records will be extended.

We are talking about Attica, Piraeus, Western Macedonia, Eastern Macedonia and Thrace, Central Greece, the Ionian Islands, Western Greece, Epirus, Thessaloniki, Thessaly, Central Macedonia, Peloponnese, Cyclades, North Aegean and Crete. The deadline is now expected to be pushed back and citizens will receive new information about their region.

Who does the extension apply to?

The extension of time applies to all owners (heirs, expatriates, persons incorrectly registered, etc., for example, those who do not have title documents and hold the property under usufruct rights), who are given the opportunity to make the necessary corrections or take legal remedies , if necessary, to prevent the property from being classified as “owner unknown.”

In addition to properties for which title claims were not made in a timely manner, a significant proportion of unknown owner registrations were found in urban areas to be based on “forgotten” titles. These are rights such as the “air” of the building, the entrance workforce, a parking space at the entrance, a new plot obtained after the ratification of the implementation act, etc.

There are many cases, and they can concern both civil and agricultural property without distinction, as well as shares in inheritance law. For example, if the heir did not file a declaration of ownership and allowed the period for making corrections to expire, then the state would be a co-owner of this property.

A common case is also the right to the area above the roof (air), which the beneficiaries do not claim (presumably because the right to build has been exhausted), and as a result the state ends up being a co-owner of the entire apartment building.

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