The Electronic Building Identity will be fully implemented from April 1st, 2022, which will essentially constitute the Registry of the entire building stock of the country.
By GRAMMATIS BAKLATSI, surveyor - urban planning engineer
With this digital registration of real estate, the state creates a permanent monitoring system of constructions, but also of changes in existing buildings throughout their lifetime, with the aim of putting an end to new arbitrariness and protecting citizens' property.
In addition, the Electronic Building Identity will be interconnected with other information infrastructures that are in the phase of digital creation such as: the Land Registry, the electronic version of Building Permits (e-adeies) and the digital map.
In which transactions will the Building Identity be required?
Will there be cross-references?
Yes. All the elements of the file will be entered into an electronic database, which will be linked to the records of the LAND LAND REGISTRY, PPC, the Municipality and the General Secretariat of Information Systems of the Ministry of Finance (E9) and then to the Property Register. In the event that, from the relevant checks of the interconnection of the above databases, it appears that the correct procedures have not been followed, the competent YDOM will be immediately informed for the control and recording of any arbitrary constructions. In addition to the finding of arbitrary constructions, a fine is imposed by the Ministry of Internal Affairs for the lack of completion of the building's identity.
When does the Electronic Identity of Hackers start?
As for the owners of arbitrary properties, who in the past period entered the regularization arrangement with any law, they should know that the process is considered complete, only when the owner of the property has completed the Electronic Identity of his property. In other words, the non-issuance of the Electronic Identity will be equivalent to not settling the arbitrariness. For this reason, the owners of unauthorized properties should immediately contact a competent engineer to draw up the identity of their building.
Those owners of arbitrary properties who did not settle them, will also be faced with restrictions and prohibitions for the exploitation of their property.
It is noted that those who settled their arbitrary futures by cross-checking the data will check for any future violations, since electronic identification is now mandatory in every transfer.
What about the completely arbitrary and highly arbitrary properties that did not have time to "fix"?
First of all, it should be recalled that the legalization procedures for Category 5 buildings with large irregularities were stopped in October 2020. However, a few months later, with new legislation, "Category 5" buildings were moved to "Category 4" in order to be able to to be declared and exploited while other arrangements were promoted for the regularization of Category 5 buildings, which are managed by banks after auctions, leased, transferred to the ETAD, inherited or located in areas declared in 2020 in a state of emergency.
For the remaining large arbitrariness, which included buildings without a building permit, or those that exceed more than 40% of the urban coverage and building sizes and more than 20% of the permitted height and did not have time to settle them, the Ministry of the Environment is preparing new legislation.
The solution that the Ministry seems to be arriving at consists of four main axes:
How does a recently arbitrary building get an electronic identity?
In any case, the red line - which has been accepted by the Council of State - is maintained, which puts a brake on the regularization of all illegal buildings built after July 27, 2011.
What should property owners do?
Each owner should contact a private engineer who will support him in gathering all the relevant documents found in various services such as: town planning, mortgage registry, land registry, etc. By gathering all the relevant documents, the property file is created, which will is observed and will be updated by the responsible engineer in case of changes and will be kept by the property owner.
What is the engineer's job?
The engineer, after making the survey of the building, checks the property according to the approved town planning plans (if any).
The control concerns the following:
What documents and information does the Building Identity file include?
a) the structure of the construction permit of the building, with its revisions,
b) the plans accompanying the building permit,
c) the energy efficiency certificate of the building or its parts,
d) the construction control certificate, if it has been issued,
e) the declarations of belonging to laws suspending the imposition of sanctions on arbitrary,
f) the floor plans, which depict the building in its actual condition when this does not result from the elements of cases a', b' and e',
g) the structural vulnerability report and the static adequacy study, if required,
h) the table of millimeters and the cost allocation study of the building, if required,
i) the Certificate of Completion for Electronic Building Identity.
Why should I make a building ID, when I have built it with a legal building permit?
The purpose of the electronic identity, in addition to the registration of the property, is also to control the way the building was constructed, as well as to monitor it after its completion throughout its life, in order to control its safety, its maintenance, as well as the prevention of execution of urban arbitrariness along the way. Also, with the identity of the building, each interested party (buyer or tenant or entrepreneur, etc.) can be informed about the condition of the building and avoid future problems with the Town Planning Department and the Tax Office.
Each time the same property is transferred, will a Building Identity be needed?
The drawing up of a Building Identity is necessary from January 1th 2021 for property transfers, which means that for any deed, which will change the ownership status of a property, it must have preceded as the annexation of the relevant statement in the ownership transfer contract is necessary.
In subsequent transfers, the engineer designated by the owner will issue the Certificate of Completion, from which he will confirm that there are no arbitrary changes to this property, or that the Building Identity has been updated if it has been issued building permit or small-scale works to carry out work on this property. In new buildings, the Building Identity will be issued together with their building permit.
What applies to apartments and in general to the transfer of horizontal ownership?
Especially for divided ownership, the Electronic Identity includes the following elements:
SOURCE: www.michanikos-online.gr