What is the difference between the Cadastral office and the mortgage office?
The Cadastral office is based on the plot while the mortgage office is based on the person.
What is KAEK?
Eighteen-digit code number of the National Land Registry (KAEK) consisting of the following digits:
|Prefecture Code||Municipality or Community||Sector||Cadastral Unit (OT building block) For inside the plan, for outside a group of contiguous plots||Serial number in the previous group||Serial number of buildings within the plot||Floor number||Serial number of the apartment on the first floor|
What about "unknown owner" plots?
When the first registration becomes final, these properties are owned by the State.
If we have not accepted an inheritance, what happens to the property of the deceased?
The Declaration of the registrable right can be made with the reason of acquisition of the inheritance even before the drafting and transfer of the acceptance of inheritance. The registrable right is registered in the cadastral tables of the post and the first entries in the cadastral book, but the beneficiary can not validly undertake any act of exercise before the fulfillment of the respective conditions (No. 1193 of the Civil Code).
Do Cadastral Offices Replace Mortgage Offices?
Yes, they replace them. Now (with the entry into force of the Land Registry in each area that is cadastralized (according to Law 2308/95) the base is the land and not the person as it was in the mortgage offices. The land registry offices take over the operation of the Land Registry. There is a transitional period where until the first registrations are finalized, the transitional cadastral office that contains the mortgage office as we know it operates.
What if I want to sell now while submitting a property listing?
Buying and selling can be done normally. If it is made during the period of 3 months that the declarations are made until the end of this time period, the declaration can be made by the new owner. If the deadline for applications has expired and the initial registrations have not been completed, there is a deadline of one month from the transfer where the transaction must be declared.
What is the process of joining the EC?
After the declaration of an area under cadastre by the OKHE, the citizens who have registrable rights to real estate in the area under cadastre, submit to the competent cadastral office, within 3 months for those who live permanently in Greece and within 6 months for expatriates abroad, Declaration of registration of a registrable right. Then the contractor of the cadastral study proceeds to the cross-processing of the declarations. After the completion of the processing of the declarations and the other data, temporary cadastral tables and diagrams are drawn up. Following is the posting of the cadastral data after the announcement of the OKHE and the publication of the announcement of the posting in two newspapers of the prefecture or the region. Beneficiaries then have the right to submit requests for correction of obvious errors or objections on a case by case basis. After examining the correction of obvious errors and objections and the issuance of the relevant decisions, the cadastral tables and diagrams are reformed. By decision of the OKHE, the cadastre is declared completed and the entry into force of the cadastre in the cadastral area is defined. The locally competent mortgage offices start to function transiently as cadastral offices.
Is it easy to declare ownership to the EC?
The process of submitting an initial declaration of ownership to the National Land Registry is relatively simple. Once an area under cadastre has been declared, a declaration for the registrable right to the property, in which the ownership is declared, must be submitted to the local cadastral office within 3 months for the citizens living permanently in Greece and within 6 months for the residents abroad. [location, type (plot, horizontal-vertical property)], attaching the corresponding property titles. With the submission of this declaration, the fixed fixed fee of 35 euros per registrable right is paid. He receives the form of the Declaration form as well as the instructions for filling it in from the local Cadastral offices. Can I do it myself? the declaration form is received from the local Cadastral offices and can be made either by the natural or legal person who owns the property, or by a legal representative (appointed by the beneficiary), or by a legal representative of a natural person who does not have the ability to appear in person (such as parents for their minor children, etc.). Instructions for completing the Declaration are received along with the form.
Application Completion Guide
INSTRUCTIONS FOR THE COMPLETION OF LAW 2308/95
A. INFORMATION FOR THE SUBMISSION OF THE DECLARATION
NECESSARY SUPPORTING DOCUMENTS FOR DEPOSIT
1. Statement of Law 2308/95 (D1) – (D2)
· D1: For natural persons
· D2: For legal entities
2. Simple photocopy of the documents documenting the acquisition rights (Contracts)
3. Proof of deposit of a fixed cadastral fee
4. Plain photocopy of identity card or plain photocopy of passport
5. Copy of Tax Clearance or PPC Account or any document in which the VAT number appears. of the property owner.
OPTIONAL DOCUMENTS FOR DEPOSIT (For a more complete and correct registration of the declaration
6. A simple photocopy of the transfer certificate of the relevant mortgage office
7. Topographic diagram
We consider it necessary when it comes to a plot of land, ie an area outside the plan, while care must be taken to be in a single Grid of coordinates EGSA ’87, so that it can be identified with the network of coordinates requested by the Land Registry.
8. Simple photocopy of the Divided Property recommendation (horizontal or vertical properties)
MANDATORY DOCUMENTS FOR SPECIAL CASES:
9. In case the right (eg Ownership) on a property has passed to the declarant with different titles, the deposit of all the titles is required as well as the completion of the relevant fields in the section “Details of the Right”.
10. In case the right has been acquired by inheritance, it is declared even if no inheritance has been accepted. In this case the supporting documents that are submitted are:
·The title of the heir (if any)
· Certificate of close relatives
· Certificate of non-publication of will
· Certificate of non-renunciation of inheritance
11. In case the extraordinary usufruct is the reason for the acquisition of the right, documents must be submitted that prove the usufruct (eg PPC, OTE accounts, leases, etc.). The documents must prove 20 years of county and ownership of the property.
B WAYS OF SUBMITTING THE DECLARATION
Submission of the declaration to the local Cadastral Offices
· Registered postal delivery via ELTA or Courier to the competent cadastral office.
· Electronic submission of the application via the internet.
What is the cost of submitting the application?
The fee for filing the declaration of registrable right is 35 euros per right on the property.
For the auxiliary spaces (garage warehouses) the fee of 20 euros will be paid. This fee will be paid only if these spaces are independent properties, ie they have a percentage of co-ownership in the plot and are not apartment monitoring.
Especially for rural areas, natural persons who have a registrable right to more than one property, will pay fixed fees for only two registrable rights, regardless of their total number.
This only applies to the owners of property and slave rights. What happens in case of horizontal property? By the term establishment of horizontal property we mean the creation on a property of independent independent horizontal property in which the millimeters are distributed on the plot (percentage of co-ownership). In this case, the details regarding the horizontal ownership are filled in in the declaration of the registered right, and the declaration filing fee of 35 euros is paid. The declaration is completed with the help of a completion guide that is also received from the cadastral offices.
What happens in case of vertical co-ownership?
By the term establishment of vertical co-ownership we mean that the vertical property (building in vertical development), has been divided horizontally (into more apartments) which are independent horizontal properties. In this case, the legal owner of the apartment submits his declaration of registrable right by filling in the corresponding fields of the declaration concerning the “complex vertical property” with the help of the guide for completing the Declaration and also paying the fee of 35 euros for each declaration of registrable right. In case my property has recently been included in an application deed, how will I make the declaration? sheets and diagrams of the real estate mentioned and / or influenced by the Implementing Act. The registration in the Land Registry of the ratified Acts of Applications is made at the request of the authority responsible for their issuance or ratification, respectively, which acts either ex officio or at the request of anyone who has a legal interest (article 14 of Law 2664/98 as amended by provisions of Law 3481/2006). The process of registration of any writable deed in the cadastral books is subject to a legality check. Therefore, in order to register the Implementing Deed in the competent cadastral office and to include in the Descriptive and Spatial Database of the operating Land Registry the corresponding changes, the details of the implementation act should be examined in conjunction with the details of the Database of the operating Land Registry. In practice, this means that for each property in the cadastral diagram, the corresponding property of the Implementing Deed must be identified, to check whether the ownership rights registered in the land registry and the implementing deed are identical and then, if identical, to assign the corresponding ownership. new property of the Implementing Act.
What happens in the case of a slavery establishment?
In case a real slavery (eg passage, viewing) has been established on a real estate, a declaration is submitted by the slave owner for the right of his slavery on the foreign real estate and for the right of ownership in his own realm, while the master of the encumbered property submits a declaration of ownership of his own property. If the property has been purchased with a mortgage mortgage. In this case the owner must declare the right of ownership and the lending bank for the right of real estate security (mortgage, note).
What are the phases of the Land Registry? (integration phases).
A. Proclamation of an area under Cadastre By decision of the Minister of Environment, Spatial Planning and Public Works, following a proposal by the OK.X.E. the area delimited by this decision is declared under cadastre. The decision is published in a daily newspaper of national circulation and in two newspapers of the Prefecture or the Region and is notified to the Ministries of Foreign Affairs, Economy, Finance & Agriculture.
B. Tender Notice Responsible for the compilation of the cadastre is OK.X.E. and the company “KTIMATOLOGIO SA”. However, the cadastre is also performed by contractors after assigning to them the relevant contracts by the company “KTIMATOLOGIO SA.” following a public announcement. C. Compilation of Cartographic Backgrounds by the Contractor-Designer
Do I need to draw a topographic diagram for my property?
In the initial declaration of registrable right on the property, any topographic diagrams that accompany them are submitted attached together with the property titles.
To reduce the possibility of error, we suggest that you make a topographic in a network of EGSA ’87 coordinates.
It may not be mandatory to submit a Topographic Diagram in the Property Declaration. However, it is Mandatory in the registrable deeds of the Land Registry that bring about a Geometric Change. In fact, it is obligatory (n.4409 / 16) to be accompanied by a Digital Topographic Diagram and to be Electronically Signed and Submitted Electronically to the digital receiver of the HELLENIC Cadastre by its author.
It is better to prevent possible disputes or differences in the boundaries and location of your property than to take action after the postings and the final registrations of the Land Registry. The possible incorrect indication of the limits in the original statement will have been made by you with whatever this may imply.
Ground measurements are necessary to check for breaches, possible changes that have occurred in the boundaries as well as in the surrounding conditions such as roads, paths, adjacent forest areas, streams, seashore, high voltage lines and that can affect its value. real estate and construction.
In case one needs to submit a consensual application for correction of geometric elements with the neighboring owners of his property, it is necessary in addition to the jointly signed application for correction of data, to submit a topographic diagram, which should be drawn up according to the specifications the Land Registry.
What do I need to declare my ownership in the National Land Registry? What are the necessary documents that I need to gather?
Once an area under cadastre has been declared, a declaration for the registrable right to the property, in which the ownership is declared, must be submitted to the local cadastral office within 3 months for the citizens living permanently in Greece and within 6 months for the residents abroad. [location, type (plot, horizontal-vertical property)], attaching the corresponding property titles. With the submission of this declaration, the fixed fixed fee of 35 euros per registrable right is paid. Find here the forms and forms of the Declaration as well as the instructions for filling it out.
What is EGSA '87?
EGSA ’87 is the latest projection coordinate system used in Greece. Name: Hellenic Geodetic Reference System ’87. Name: Hellenic Geodetic Reference System ’87 Geodetic system EGSA ’87 starting from the displaced geocenter, pedestal. Reference (Datum): Dionysus Elliptical reference: GRS ’80 / Large elliptical half-axis: 6378137.00 m / Elliptical widening (1/7): 1 / 298.25722101, Scale coefficient ko: 0.9996
When and by whom is an area under cadastre declared?
An area is declared under cadastre by the Minister of the Ministry of Environment, Physical Planning and Public Works, following a proposal by the OKHE.
Who is responsible for compiling the Land Registry?
Responsible for the compilation of the Land Registry are OKHE and the company “KTIMATOLOGIO SA” The cadastre can be carried out by design offices-schemes after assigning to them the relevant contracts by the company “KTIMATOLOGIO SA” and of course after a public announcement. (Art. 1§3).
What does "Declaration of immovable property" - "Declaration of Registrable Rights" mean, where is it made and where is it deposited?
“Declaration of real estate-registrable right” is the recording-description of real estate or other registrable right in real estate of the area under cadastre as well as a reference to the reason for its acquisition. It is made in a special form available to the “National Land Registry”. Filed at the Cadastral Offices.
What are Cadastral Offices?
They are offices that are opened-set up in the area under cadastre in order to serve the needs of the cadastre. In the event that the cadastre is carried out by cadastral survey contractors, the Cadastral Office is staffed, equipped and operates under their responsibility.
What is the deadline for submitting declarations?
Applications must be submitted within three (3) months from the start of the cadastre. The corresponding deadline for foreign residents is six (6) months. The deadlines can be extended for a total of up to three (3) months.
Is the declaration mandatory?
The “Declaration of real estate” is mandatory. Failure to submit is prohibited from drawing up a deed for the right that has not been declared. Nor is a “building permit” issued in the name of the person who failed to submit the declaration. Also with a decision of the board of directors of OKXE a fine can be imposed which ranges from 50 euros with more than 1500 euros depending on the type and value of the property.
What is an "application for the correction of geometric elements of the Cadastral records"?
It is the application that corrects errors related to geometric elements of the cadastral records. It is submitted in cases where a geometric change occurs with the registrable deed and is submitted together with an updated cadastral diagram – diagram of geometric changes, in which the said change is recorded. This is necessary in order to follow the relevant information of the spatial base of the National Cadastre and the observed cadastral diagrams. The geometric change can be indicatively related to: Merger of parcels, Division of parcels, Establishment / abolition of areas for exclusive use of vertical properties, Establishment / abolition of passage works, Establishment of a mine, Correction of errors related to geometric elements according to article 19 par. 2 of L. 2664/1998, Large-scale changes that occur with administrative acts such as enforcement acts, land reparcelling, expropriations, etc.
Who submits it and where?
The Application is submitted by anyone who has a legal interest in the property requesting correction of geometric elements, at the local Cadastral office.
a) If it is a correction that requires the resolution of a property dispute, then it should be ordered by an irrevocable court decision of the competent civil court.
b) In case of correction of geometric data, the prior application to the competent cadastral office is required for the issuance and issuance of a cadastral diagram, where the adjacent plots will also appear. The cadastral diagram that will be issued will depict the adjacent plots and will give a table of coordinates of the vertices of the boundaries and their areas. If all affected neighboring owners agree on the desired correction, then the relevant application can be submitted signed jointly, accompanied by a topographic diagram drawn up in accordance with the required specifications.
c) Finally, the provision provides for the possibility of correcting the registered area of the property or other elements of the first registration, which do not fall within the scope of Article 20, provided that the boundaries of adjacent properties or the rights of third parties are not called into question. on them. In these cases, an application is required before the Cadastral Judge according to the more specific provisions of the provision.
What is an "obvious error"?
The obvious error is considered to be: Incorrect entry of the beneficiary details of the registered right in the post. Incorrect entry of the type of registered right. Incorrect entry of the title deed. They are not “obvious errors”: The request for correction of geometric elements (position, shape, boundaries, area) This or partial replacement of the beneficiary.
Who has the right to object to the posting information?
Anyone who has a legal interest can submit an “Objection” by writing down the full details as well as telephone numbers or anything that helps in communicating with the Cadastral office.
What is the deadline for filing an objection?
The deadline for filing an objection is (2) two months. It is submitted to the competent “Cadastral Office”.
Who does the objections committee consist of?
The objections committee consists of: The President (Court of First Instance – Justice of the Peace or Lawyer or Notary) A Surveying Engineer A legal entity (Lawyer or Notary) The committee decides on the reasons for the objections within (2) months. The deadline can be extended for (2) months by decision of OK.X.E. Before the committees the interested parties can attend: In person After or through an attorney with a Technical Advisor.
Is an "overdue declaration" allowed?
It is allowed with a fine determined by the OK.X.E. The OKHE also determines the permissible date of overdue declaration.
Is it allowed to submit a declaration of rights after the cadastral data are posted?
It is not allowed to submit a declaration after the Posting if it concerns a property which in the posting of the cadastre was registered as of unknown ownership. In this case an Objection is allowed.
What is and how much is the "fixed cadastral fee"?
The “fixed cadastral fee” is the fixed part of 35 euros per right, and is paid at the beginning of the cadastral process when submitting the declaration for the registrable right on the property.
What is a certificate of registration of a registrable deed and where is it issued?
The certificate of registration of a registrable deed is issued by the local cadastral offices, upon request. It is the certificate which displays the registration details (registration number / date, issuing authority, type of transaction) as well as the code number (KAEK) of the registrable transaction for which it is requested. Corresponds to the transfer or registration certificate issued by the Mortgage Office, and has a issuance cost: 4.5 euros.
What is a "Land Registry Certificate"?
After the first registrations in the cadastral books, certificates-certificates of cadastre are issued. These certificates do not constitute Titles of the registered rights but certify for the property the first registration in the cadastral books, the date of the 1st registration and other essential elements. For the issuance of a certificate, a reciprocal fee is paid to the OKHE.
What happens if a property for any reason was not declared during the cadastre?
If it is a matter of property dispute, ie the property has been registered in the Land Registry in the name of a third party or in favor of the Greek State, which does not consent to a request for correction of a manifest error. If it is a property with the indication “Unknown Owner”, ie a property that for any reason was not declared during the cadastre, then: An action (identification or claim) is required before the competent Court. In this case, among the necessary supporting documents are:
1. Dependent topographic diagram of Geometric Changes
2. Application to the competent Cadastral Office for the submission of the necessary documents (Cadastral Sheet, Cadastral Diagram Extract, etc.)
For which properties am I obliged to submit a declaration? (eg only for my house or for the fields?)
We declare all properties.
A property is defined as an independent and unitary property object that belongs indivisibly to one or more co-owners.
Real estate is characterized by land plots, horizontal, vertical and complex vertical properties, mines, as well as special property objects that may exist in specific areas of the country based on customary law.
Is it necessary to know the exact location of the property on the map?
Yes it is necessary to know the location and boundaries of the property we want to declare.
Or we do not have a recent topographic diagram we need to indicate the boundaries of the property on the map with what this implies in terms of the accuracy of the location of the property and its boundaries.
To reduce the possibility of error, we suggest that an appropriate topographic diagram be drawn up on your behalf.
I'm out of date, can I make a statement?
A declaration can be made for real estate that the cadastre has been completed with the imposition of a fine.
There are other beneficiaries on the property. Who makes the statement?
All beneficiaries must declare their property.
I do not have a topographic. What should I submit to the statement?
We can help you locate your property and submit its limits in your statement.
Who has the right to object to the posting information?
Anyone who has a legal interest can submit an “Objection” by writing down the full details as well as telephone numbers or anything that helps in communicating with the Cadastral office.
What are the types of National Land Registry Declarations?
There are three types of statements depending on when you submit the statement.
The timely declaration when submitted by the beneficiary within the deadlines provided by Law 2308/95.
The overdue declaration when submitted by the beneficiary after the expiration of the deadline or after one month from the acquisition or change of his registrable right and is possible until the date determined by a decision of the Minister of PEN. and
The statement from the mortgage office which is submitted from the beginning of the posting to the first registrations due to a subsequent act and is addressed to the body responsible for the cadastre.
Is there proof of submission?
The proof of submission is issued after the confirmation of the payment of the corresponding fixed fee.
Where can I make a land registry statement?
You can go to the cadastral office that owns your property and submit the necessary documents
You can submit the declaration of L.2308 / 95 electronically through an available internet application.
You can come to our offices to help you register all the required information but also for specialized issues related to your property (see here the services of XYZ for the National Land Registry). The data of the declaration are registered directly in the central database of EKHA. SA