The company "Ktimatologio S.A." is a Legal Entity under Private Law, which was renamed by Law 4164/2013 to "National Land Registry and Mapping S.A." (EKXA SA), the sole shareholder of which is the Greek State. Its purpose is the compilation and operation of the National Land Registry and it is supervised by the Ministry of Environment and Energy. The National Land Register is a systematic record of all properties and the rights to them throughout Greece, so that there is a comprehensive and complete depiction of them.
Obliged to submit a declaration to the National Land Registry are all natural or legal persons who have a real right to a property. Such rights are ownership (full or partial), usufructuary, servitude, mortgage / note, lawsuits, estoppels, foreclosures, long-term leases, time sharing, leasing, usufructuary, transfer of construction factor . The statement refers to the right to real estate and not to the real estate. This means that in case a property belongs to more than one person, everyone who has a right to it must declare it (eg both the one who has the small ownership and the one who has the usufruct of the property).
In order to submit a declaration to the National Land Registry, the special right declaration forms available from the Land Registry Offices and on the website www.ktimatologio.gr must be completed. There are two forms, D1, which is filled in by natural persons who have the right of ownership or servitude, and D2, which as a rule is filled in by legal entities and by natural persons when they have to declare any right other than ownership and slavery such as real security, attachment. The declaration is submitted to the Land Registry Office or electronically. Submission of the declaration by post is not accepted. The deadline for submitting declarations for domestic residents is three months, while for foreign residents and the Greek State it is six months. After the deadline for submitting declarations, any natural or legal person who acquires a new right to a property must submit a declaration, within one month from its transfer to the Mortgage Registry. Beyond the month, the statement is overdue.
In addition to the declaration form, the necessary supporting documents submitted are:
• Simple photocopy of the title documenting the right to the property (e.g. contract).
• Simple photocopy of the certificate of transfer / registration of the title at the Mortgage Registry
• Information to locate the property
• Simple photocopy of the beneficiary's police ID or passport
• Simple photocopy of a document proving the VAT number
For the most complete and correct registration of the statement, if it is a horizontal or vertical property, it is advisable to submit a simple photocopy of the constitution of divided property.
Attached documents in special cases
• Inheritance: A right that has been acquired by inheritance, can be declared even if no acceptance of inheritance or other equivalent deed (e.g. will) has been drawn up. In this case, however, the necessary supporting documents must be provided, depending on the existence or not of a will. Specifically:
o Inheritance by will: the following must be submitted: a) the title of the heir (if any), b) death certificate, c) a copy of the published will, d) a certificate of non-publication of another will and e) a certificate of non-renunciation of inheritance.
o Inheritance without a will: the following must be submitted: a) the decedent's title (if any), b) death certificate, c) certificate of guarantor relatives, d) certificate of non-publication of will and e) certificate of non-renunciation of inheritance.
• Extraordinary usufruct: In the event that someone has acquired a right through extraordinary usufruct, they should file either a relevant final court decision or they should submit documents from the combination of which prove the 20-year ownership and possession of the property (e.g. proofs D EH, OTE, water supply companies, etc., leases, evidence of subsidy, notarial deed of recognition of boundaries, documents of mortgages and other encumbrances on the property, contracts of neighboring owners that mention the declarant as the owner of the property, E9, etc.). Also, it is mandatory to attach a topographic map, unless the location and boundaries of the parcel can be precisely determined on the digital map of the area.
The declarant is obliged with his declaration to provide sufficient data to enable the location (location) and boundaries of the declared property to be determined on the cadastral maps.
• If there is a topographical diagram, it should definitely be provided.
In any case, the submission of a topographic map is necessary if:
• this is stated or attached to the contract
• use is invoked as a reason for acquiring the property
• a building permit has been issued for the property
• a survey has already been drawn up for any other use
• Since there is no topographical diagram. In built-up areas, the reference to the street and the number is sufficient information to locate the property. Also, in the areas where there is an administrative deed (eg distribution, redistribution or implementation deed), it is sufficient information to mention the number of the property or lot, etc., as stated in the deed.
A fixed land registration fee is paid for the submission of the declaration of ownership. The calculation of the fee is done by the Land Registry Office after the provisional registration of the details of the declaration. The submission of the statement is completed only after the payment of the fixed fee. In the case of electronic submission of a statement, payment is made through an online application.
Instructions for completing the necessary forms (D1 and D2) are also available online on the website www.ktimatologio.gr. All of the above is based exclusively on the information provided by EKXA SA. through the Land Registry Offices and the website www.ktimatologio.gr and do not constitute personal opinions or comments of the writer.
Thomas Steph. Summer
Lawyer