By GRAMMATIS BAKLATSI,
surveyor - urban planning engineer,
baklatsi@yahoo.gr

We are in a period where the land registration of the country for the preparation of the land registry is being completed little by little and the turnout of citizens who must declare their real estate is at satisfactory levels of over 65%. But it is particularly critical that the beneficiaries come forward and declare their ownership εμπρόθεσμα, διαφορετικά θα απαιτηθεί μεγαλύτερο κόστος και περισσότερος χρόνος για την ολοκλήρωση της διαδικασίας.

Beyond the deadline for submitting statements within 6 months from the date of the public invitation of Cadastre per cadastral area, there is the possibility of submitting a late declaration during the cadastral registration and until July 31, 2023without penalty. As the competent Ministry of Digital Governance has announced, with the expiry of the deadline, fines will be activated depending on the objective value of the property and the time of delay in submitting a statement.

• I have not declared my properties. What should I do;

You should register your properties with all the necessary documents by submitting a declaration of ownership either online or at the Land Registry Office.

• I have not declared my properties in the posting area. What should I do;

If you are going to declare a right that you acquired before the Posting, you should normally submit a Declaration either electronically or at the Land Registry Office.

If it is a right that you acquired after the start of the Posting, your notary will inform you about the procedure and the required documents. To submit the Declaration, you must know the KAEK of the property you want to declare and issue a certificate of land-registered property.

• I have submitted a statement but in the meantime my rate has increased due to a donation. Do I need to re-declare ownership?

You are obliged to declare the additional percentage of your right with a new declaration and all the necessary documents, so that it is added to the already existing percentage you have declared.

• I have a contract for my house, I have it declared in E9 and I pay ENFIA. What will happen if I do not declare it in the Land Registry? Will they take my house?

The declaration of ownership in the land registry is mandatory by law and is a prerequisite for any act concerning the property in the future (eg transfer, parental benefit or donation).

You should know that a building permit cannot be issued for those properties where a declaration has not been submitted.

Also, the properties that are not declared during the land registration, will be recorded in the Initial Records as "unknown owner" and if the relevant corrections are not made within the stipulated deadlines, they will be transferred to the Greek State.

• I declared my field and paid the fee, but I did a recent survey and I want to file it late. Does he want a new declaration and I pay a fine?

No. You can submit it to the relevant Land Registry Office. You can also correct other elements of your initial declaration by submitting the relevant declaration form with only the fields that need to be corrected filled in.

• I was late to go to the land registry because I didn't have time to accept the inheritance. What to do;

No need to delay. You can immediately declare your rights in the Land Registry, even if you have not made a declaration of acceptance of inheritance. The process is very simple, providing some supporting documents.

• I have declared my right with inheritance documents but in the meantime I have accepted inheritance. Do I have to present the contract as well and pay a fee again?

If you have already transcribed the contract, and if it does not state different information about the property or your right than what appears in the extract you received, you will submit it with an Application for the Deposit of Supplementary Information at the Land Registry office. This application is submitted free of charge.

• Can I declare a property of an unknown owner with the reason of acquisition usufruct during the posting?

During the Posting period, you cannot submit a statement with the reason for acquisition of an UNKNOWN's property.

You should submit an OBJECTION according to article 2 par. 9 of Law 2308/95 and provide all the necessary documents documenting your ownership and notify it to the GREEK PUBLIC MINISTRY - MINISTRY OF FINANCE otherwise it will be rejected.

• What are the disclaimers that must be submitted on a case-by-case basis?

Declarations of cancellation of an already declared right are submitted, free of charge, in the following cases:

1. relinquishment of usufruct/occupancy
2. mortgage removal
3. eliminate footnote
4. lifting of seizure
5. removal of dissolving heresy
6. abolition of slavery
7. payment deed
8. deed canceling other registrable rights of payment

Please note that the payment of a land registration fee is not required.

• I received a letter stating: "DETAILS OF RIGHTS THAT CONCERNING YOU FOR WHICH YOU HAVE NOT SUBMITTED A DECLARATION OF LAW 2308/95". Do I have to submit a declaration?

For these rights, as long as you continue to be a beneficiary, you must submit a declaration of ownership, paying the prescribed fixed fee, electronically, through the website https://ktimatologio.gr, μέσα από την εφαρμογή «E-ΚΤΗΜΑΤΟΛΟΓΙΟ/Ηλεκτρονικές Υπηρεσίες».

If you are no longer the beneficiary of this right then inform the new owner to submit a declaration.

If you insist that the right be deleted, you should submit a REQUEST FOR THE CORRECTION OF ESTATE DATA (article 6A of Law 2308/95) / OBJECTION of article 2 par. 9 of Law 2308/95 by attaching the corresponding documents documenting your request and paying 5 Euros .

• How can I be helped to fill out the declaration correctly?

The Cadastre Agency has drawn up a Guide "User Guide for Submitting Declaration N. 2308/95 via the Internet" which you can download from the Internet by entering the address: https://www.ktimatologio.net/wp-content/uploads/2015/03/ODHGOS-IPOVOLHS-DHLOSHS-N-2308-95-MESO-DIADIKTIOY.pdf.

In any case, you can also contact a competent engineer to submit your statement safely, avoiding possible mistakes.

• What happens next after I register my property?

After the stage of collecting the declarations, the cadastral survey continues with the processing of the declarations and the precise demarcation of the parcels of land. The second phase of cadastral registration results in the preparation of temporary cadastral tables.

Subsequently and after a relevant announcement by the Ministry of the Environment, the Cadastral Data will be posted, so that anyone with a legal interest can, within a period of 4 months, submit a request for correction or an objection against the data posted in competent Land Registry Office.

• After posting what happens?

After the completion of the posting, which includes the submission and examination of requests for correction/objections and the corresponding correction in the cadastral tables, the final cadastral data, the initial cadastral entries are produced and the Cadastral Office begins to operate, in the specific area, at the location of the Mortgage Registry.

SOURCE: news.b2green.gr/