Declaration of Legal Property Status

Do you own an arbitrary property?

Arbitrary Buildings in Greece was a common practice until 15 years ago. Most Property owners were adding extra building area on their property in excess of the building permit. The Greek Government tried to change this phenomenon in 2011 by introducing the legislation that banned all sales on properties that are not building regulation compliant.
Furthermore, In many cases, owners of property in Greece are not aware of their “property status”, what they actually own. Unlike many countries, the common case in the Greek real estate market for decades now, is that most buildings are in violation of the building codes set by law. This is a concept especially unfamiliar to people from overseas who have bought property throughout the years and overseas Greek owners who have inherited property from their family.

Moreover, in view of this reality, the Greek Government in 2011 prepared Law No. 4014/2011 which has been replaced by Law No. 4178/2013, which was also replaced by a modern more detailed legislation namely 4495 in November 2017.

This Law, grants a property owner with building violations namely exceed of building limit, discrepancies on the side views, illegal extensions etc) to legalize their illegal structures by filing a declaration paying either a lump-sum with a benefit discount or interest free installments. If the property is not declared, fines applicable by government are extremely high and require an annual fee for maintaining the “status” of the illegal construction.

Arbitrary Buildings Greece – Why attend my property now?

According to the Greek Law, you cannot sell, rent or mortgage property that is illegal in structure or use, either the whole building or part of it.

Furthermore, If you own land and/or buildings and want to proceed in any legal transaction, you must submit a “Declaration of Legal Property Status” signed by a certified architect/engineer confirming that the property is legal and in compliance with the legal building license issued.

In addition, the newly voted Law allows owners the option to benefit 50% of the total fine to be paid, should they decide to invest in the energy efficiency upgrading or the structural reinforcement of their building.

Furthermore, you will be ready to sell at any time since only “legally declared” constructions can be included in contracts and other documentation. False declarations by all parties involved, e.g.; architects, notaries and owners, will be faced with legal charges.

What can be corrected to comply with building regulations?

In general, all structures can be legally declared, except for those built on ancient archaeological sites, on forestry land, protected areas, too close to beaches, riverbeds and roads. Examples of illegal constructions that can be declared are:

– Buildings and landscape structures such as swimming pools, pergolas and canopies without a license.
– Buildings and extensions on existing buildings that do not comply in dimensions and use or are situated differently on site than indicated on the authorized building drawings and license.
– Enclosed balconies and verandas, roofed terraces, garages, attics and basements converted into living space.

Where to start?

The first step in verifying the “legal status” of your property is for us to conduct an on-site inspection after gathering authorized building plans and licenses if issued.

If discrepancies are determined, we can begin the initial phase of declaring the property without delay. Through the electronic system of the Technical Chamber of Greece, the owner will be given a unique application code of the declaration and the invoice of the initial lump-sum payment necessary to validate the process. Fines are determined depending on the extent in size and of the use of the structure, the frame time it was built and the area’s set tax value.

Fees for each declaration and completion of final documentation/property portfolio differ depending on the nature, size and complicity of each structure.