The "provisions of direct notarial interest" of the bill for the Land Registry to be voted on on Monday, December 11, 2023 in Parliament is presented in detail by the president of the Association of Notaries Giorgos Rouskas.
He notes that in the draft law of the Ministry of Digital Governance entitled "Acceleration of the procedures for the integration of the Hellenic Land Registry: Processing of pending transactions in real estate transfers and strengthening the operational function of the legal entity under public law with the name "Hellenic Land Registry" - Simplification and acceleration of real estate transfer procedures - Regulations of competence of the Ministry of Digital Governance", which was filed on December 1, 2023 before the Standing Committee on Public Administration, Public Order and Justice, among other things, includes provisions of direct notarial interest which it presents schematically as follows:
1) The legality control carried out by the Land Registry Office is limited, which now consists of a control of compliance with the formalities which, if not complied with, the registration is expressly prohibited by law, with the addition of the phrase "under penalty of absolute nullity", in order to ensure that the legality check concerns the absolutely necessary and, under penalty of absolute nullity, elements of the legality of the deed under registration.
2) The TAP Certificate in real estate transfers is abolished.
3) Transactions in the case of real estate/divided ownership (recommendations of shared ownership) where, on the basis of the constitutive deed of shared ownership, there had been an excess of one thousand millimeters, can now be registered in the cadastral registers with the marking of the presumed proportional percentage in the common territory of the relevant divided property, until the modification of the property horizon recommendation to restore and remove the excess.
4) It is provided that since the submission of the application for the correction of an obvious error is addressed to a Land Office or a Branch of the Agency, the previous receipt and submission with the application for the correction of an obvious error of certificates, copies and excerpts from the books of the Mortgage Registry or this Land Office is not required, as long as he has the relevant documents in his records. In this case, the Land Office or Branch searches for them ex officio. In addition, it is regulated that simple copies, which the applicant submits with the correction request, are accepted and taken into account.
5) It is introduced for the first time during the application process for the correction of an error, the obligation that in exceptional cases, when the correction concerns the details of the transcription, in other words registration, of the title deed relating to the registrable right registered in the original registrations, because these are missing, or are listed incorrectly, their completion or correct listing, as the case may be, is carried out compulsorily and ex officio by the Head of the Land Registry Office, only a reasoned refusal being allowed for reasons of non-compliance with the conditions specifically mentioned in the relevant provisions.
6) At the same point, the concept of displacement is defined and such does not exist, nor is consent required, if the third party was included as a beneficiary, listed in the cadastral records, due to an error he made during the processing of the declaration and the public documents he submitted during the process of land registration of Law 2308/1995 (A' 114) and this appears from the land registration file and the public books of the Mortgage Office.
7) The time for issuing a decision by the Head of the Land Office on requests to correct obvious errors is extended from fifteen (15) to thirty (30) days, in order to give sufficient time for correction before appealing to the Land Judge.
8) The deadline for actions to correct the first registrations is extended until 30.11.2024, in order to give sufficient scope for the exercise of the relevant actions of par. 2 of article 6 of Law 2664/1998. The above cut-off date will also apply to the areas in which the first registrations were registered from 1.1.2013 to 31.12.2015.
9) In the areas where the initial registrations have already become final as a result of the activation of the irrefutable presumption of Law 2664/1998, the possibility is provided to correct (through a request for the correction of an obvious error or through an action) the inaccurate registration with the indication "unknown owner » until 30.11.2024 (date of extension of the deadline for correcting the first entries) on the condition that after the expiry of the exclusive deadline, no subsequent deeds have been entered on the cadastral sheet of the property. In this way bona fide property owners are given the opportunity to correct the specific records and avoid the extremely adverse consequences of the irrebuttable presumption that has been activated in thirty-five (35) regions of the country. also for these areas until 30.11.2024, it is planned to correct an inaccurate registration with the indication "Greek State", in accordance with the procedure of par. 4 of article 6 of Law 2664/1998, when the title of the person requesting the correction or of the of its licensors (direct or remote) is a concession of the Greek State.
10) Paragraph 8 of article 2 of Law 2308/1995 is amended and 30.11.2024 is set as the latest date for making use of the possibility of extending the deadline for submitting overdue declarations in the area being registered, in order to serve the goal of completing the land registrations.
11) The multiple presentation of an excerpt of a cadastral diagram in the case of divided properties within the same parcel of land, which depict exactly the same plot of land, is abolished, with the corresponding triple issuance cost.
12) The manner in which the notarial acts to be registered will be submitted after the start of the mandatory digital submission, as provided for in paragraph 1 of article 14 of Law 2664/1998. By submitting digital copies and summaries, the digitization of the process is achieved, while at the same time the readable format that the above documents will have allows the interoperable download of their individual elements.
15) It is stipulated that with the start of mandatory digital submission:
a) the extract of cadastral diagram is attached by the institution itself, relieving the interested party from one more action, and
b) the obligation to submit a simple copy of a notarized extract of a cadastral diagram of par. 5 of article 14 of Law 2664/1998 and an electronic diagram of par. 1 of Article 40 of Law 4409/2016 is abolished.