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  • Προκόπης Γιόγιακας

Necessary actions for transfer of property

The pitfalls that block real estate transfers

Do you want to buy a property? One is the advice given by the experts: "Your eyes are fourteen...". Why; Because millions of properties across the country are full of "hidden traps" and abuses that even their rightful owners are unaware of.

The problem with "hidden traps" mainly affects owners of horizontal properties (apartments, offices, shops and parking lots) who bought their property in multi-ownership apartment buildings, especially during the time of consideration. In addition, the data is different depending on whether it is the purchase of a plot of land with the purpose of issuing a building permit or the purchase of an apartment, single-family house or office. And because there are many urban planning changes in Greece and the building regulations in areas inside and outside the plan are constantly changing, "TA NEA" with the help of the surveyor-town planner Gramatis Baklatsi, gives through 10 questions - answers all the necessary information in order not to those who buy and sell a property find themselves unexpectedly.

What should a prospective buyer know from the start?

A lawyer and an engineer should be consulted. Also, before signing the contract, the Electronic Identity is necessary. It is an urban planning tool that allows strict control of any new arbitrariness.

What is the first thing we check in a market?

It is the "purity" of the seller's title deeds. Because in many areas of the country the Land Registry has not been completed, with the result that there is not always security in buying and selling real estate.

What do we have to do;

We check the property contracts at the mortgage office with a lawyer. The control should cover at least 20 years, in order not to raise the question of use later. We also check that the property has no encumbrances, such as a mortgage, pre-notification, seizure, claims by third parties, etc.

What happens with the Land Registry?

Upon completion of the land registration, the mortgage offices will be closed and replaced by the Land Registry Offices, to which all the entries of the Mortgage Office will be transferred to the relevant registration sheets. The control of the registration sheets is done electronically and is absolutely necessary, as it has been observed very often that there are wrong entries in the relevant cadastral sheets or even that the properties have not been declared in the Land Registry by mistake or negligence and appear as an unknown owner.

What should the buyer do?

The buyer should be informed of any errors, so that all procedures for correcting any existing errors can be done in a timely manner, e.g. correction of an error or correction due to its geometry before the completion of the sale.

Why is planning control important?

Because it protects the buyer from the unfortunate and loss-making purchase of an illegal urban planning or unsafe or unsuitable for the expected use of a building, from the possible burden of hidden current or future financial obligations towards the State due to expropriations or contributions to land and money, as well as from other future restrictions that they may block the exploitation and use of the property.

An example;

For example, the buyer may want to erect or change the use of a property for a professional workshop, but this is prohibited in the particular area. Therefore, it is necessary to obtain a certificate from the Town Planning Office for the applicable land uses.

What do we control?

We check with an engineer all the urban planning data, such as the building factor, the permitted percentage of coverage, the permitted height, as well as whether special provisions apply, such as e.g. if there is a mandatory green area or gallery, a mandatory roof, mandatory morphological elements in the building, etc.

Why is this information important?

Because they can be of decisive importance for the surface of the building plan that the prospective buyer wishes to erect.

What does this mean;

A corner plot, which has mandatory greenery on both sides, has less coverage and therefore an engineer's opinion is crucial for plot selection. The engineer should also carefully consider whether there is an ongoing study to modify the building conditions of the area or whether there is an appeal to the CoE, which may prevent you from building in the future, as was done recently with the cancellation of deviations.

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