The possibility to declare plots of land which were recorded as “unknown owner” in the 36 areas in which the cadastral register has been “closed” since 2018 it intends to provide the Ministry of Digital Governance. At the same time, he gave an extension, until the end of 2024, for the finalization of the first registrations in 313 areas that were cadastralized before 2006.
Finally, it provides for informing the municipalities from land registry after each transfer of real estate, in order to abolish the obligation to provide a “certificate of non-debt of Real Estate Tax” in real estate sales.
THE cadastral registration as we know it today started in the mid-90s with two pilot programs. Small (pre-Kapodistrian) municipalities throughout the country were chosen in order to gain experience from their different characteristics. Under the legislation, land registry entries would become final after 16 years, a period that was later reduced to 14 years. In this context, the first 23 areas were “closed” in 2017 (170,084 ownership rights) and another 13 in 2018 (133,312 ownership rights).
After several protests, in 2019 (by law 4623), the state decided to give a common date to finalize the registrations in the 313 areas (corresponding to 7,293,068 property rights) that were registered before 2006. This date has been extended twice, until the end of 2023.
This issue is touched upon by the provisions of the draft law on the land register, which was presented yesterday at cabinet and is going to be submitted to the Parliament in the next period. As the responsible deputy minister had already announced Kostas Kyranakisthe ministry wishes to give a way out to citizens who for whatever reason did not declare their properties in these first land registration programs, resulting in them being recorded as “unknown owner”.
The draft law therefore extends for the third time the finalization of the first registrations in the areas that were cadastralized before 2006 (until November 2024, which is the new date for the completion of the entire cadastral register).
It will be possible to declare plots of land registered as “unknown owner” in the 36 areas where the land register was “closed” from 2018.
High risk move
At the same time, it is proceeding with a high-risk move for the credibility of the land registry: it gives the right to the areas that were “closed” in 2017 and 2018 to the citizens to register as their own the “unknown owner”, without having to go to court. For this to happen, according to the regulation, no subsequent deeds should have been registered for these properties (except for any action to claim them).
This arrangement is legally problematic and for this reason the previous political heads of the land registry had avoided the issue (characteristically, Mr. Kyranakis’ predecessor, Theodoros Livanios, had declared in September 2022 that the issue cannot be opened for security reasons of law): when the land registry becomes final, the reversal of its data creates issues of credibility. Even more so, when the regulation does not exclude vesting through usufructuary, something that someone could attempt in bad faith, knowing that some plots of land have not been declared.
With another provision in the same draft law, the land registry undertakes the obligation to inform them municipalities for each property transfer (for its area and details of the new owner). The municipality then calculates and forwards any debt (Property Tax) to the Independent Public Revenue Authority for collection under the provisions of overdue debts. In this way, the ground is being prepared so that the obligation to attach a TAP non-debt certificate to purchases and sales is abolished. Finally, with other regulations in the same draft law, a monthly allowance is given to the heads of the land registry offices and their deputies who undertake legal control of deeds (before they are registered in the land registry).
Bonus to the president as well
Also, an annual goal achievement incentive (up to 15% of annual earnings) is established for achieving quantitative and qualitative goals for handling pending cases. The paradox is that the bonus does not only concern those directly involved with the legal audit, but also… the president and general manager of the Hellenic Land Registry.
