on real estate aquisition

A respective minimum plot area for to built on it is determined by the criteria whether the plot in question is within or within a defined settlement area or outside of it. For completely outside of any urban and residential areas apply 4,000 sqm as minimum size, or 10,000 sqm for land within a "Natura 2000" protected area lie (with exceptions).

Any purchase contract must be notarised. For a preliminary contract, the notarization is mandatory (§ 369 of the Greek Civil Code). For the conclusion of a sales contract, therefore, both contracting parties - buyer(s) and seller(s) has to be present at a notary. All transfers are made only with the inclusion of the legally binding declaration of an engineer that there is no construction infringement on the property. Legal liability for the correctness of the contract information is otherwise solely the seller.

The notary's fees are to be paid completly by the buyer.

The participation of a lawyer in the contract conclusion for the transfer of real estate has been voluntary for all contracting parties since 1 January 2014 (the previous law was abolished). Each contracting party pays its own lawyer upon consultation.

An object-related land register is not yet widely available in Greece and above all there is no such thing as the concept of "public belief" in relation to corresponding entries - old land register entries must therefore be checked before purchase. It is advisable to consult a lawyer on the buyer side for this purpose. Upon request, the Land Registry Office will issue a certificate as to whether a property is encumbered or free of encumbrances.

The agreed real purchase price is not also the basis of assessment for the applicable taxes and incidental costs. The basis of assessment are the so-called objective values, which are set by the Ministry of Finance approximately every three years. These objective values are binding rules depending on the location, size and other characteristics of the property. The regular value of a property to be issued by the tax office is the minimum of the purchase price, after which taxes and ancillary costs are calculated, even if the final purchase price in the reality is higher.

The payment is to be made exclusively between the contracting parties without the participation of the notary. The activity of the notary is limited to the certification of the purchase contract.

After notarization of the purchase contract by the notary, the property purchase contract in Greece must get registered at the Land Registry Office of the district in which the property is located. Only with the entry the acquisition is completed (§ 1033 paragraph 2 of the Greek Civil Code). Registration must be requested. As a rule, this is done by the notary public notary.

Every real estate owner is obliged to submit a so-called E9 declaration to the tax office. This declaration shall indicate the total landed property in Greece and all rights in rem, e. G. Liens.

The submission of this declaration has nothing to do with the obligation to file a tax return and must also be submitted by propertyowners who are not obliged to file a tax return. Also, propertyowners who are not liable to income tax in the country, must therefore apply for a tax number.

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Ursula Katharina Papajoannou
Mavrovouni Ktirakia
23200 Gythio - Greece
Phone: +30 27330 24585
Mobile: +30 6978 062353

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