With one application
Article 15 provides for the unblocking of properties that were initially classified as “forest”, but then their owners achieved their declassification through the Objection Review Committees. The aim is for these citizens to be able, with a single application, to disengage from the bureaucracy and proceed with the utilization of their property (transfers, parental benefits, etc.).
Conditions
Specifically, for the correction of cadastral registration in case of a decision to accept objections against the forest map, it is provided that the following conditions must be met cumulatively:
* There must be an entry in the cadastral books with the Greek State or the Forestry Division of the Ministry of Environment and Energy appearing as the owner.
* There must be a decision of the Objection Examination Committee by which an objection raised against the forest map was accepted and the deadline for exercising legal remedies against it has passed or the property is located outside the areas of a sanctioned forest map.
* A real right of a natural or legal person or their licensor arises from a public document registered in the books of the relevant mortgage registry before the completion of the land registration or even after it, as long as it is based on a previous deed registered in the books of the mortgage registry before the termination, and
* cadastral registration is based exclusively on the presumption of State ownership of forest lands.
Procedure
As long as the specific conditions are met, the natural or legal person or licensor of those whose real right arises from a public document can request the correction of the cadastral registration. “The Greek Land Registry proceeds with the registration of the relevant change after checking the conditions, allowing only the reasoned rejection of the application due to non-compliance with these conditions”, the draft law states.
But what is the procedure that the owner will follow? With a few clicks from his computer, he will be able to obtain the declassification of his area through a request. As soon as the bill is passed, there will be a special section on the website of the Land Registry, through which it will be possible to request a correction.
In fact, the procedure will resemble that of the request for the correction of a manifest error. The citizen, after entering ktimatologio.gr and the special section that will be designed, will attach the necessary documents that will be requested and will request the declassification.
Correction of contracts
Article 16 of the bill brings breath to tens of thousands of owners, as it provides for the correction of the discrepancy between actual square footage and those recorded in the titles.
The regulation will allow owners to unilaterally amend their contracts, provided that the rights of the other apartment owners to establish horizontal ownership are not affected.
In particular, the proposed provisions resolve the long-standing problem of deviations in the area of plots/fields with acts of establishment of horizontal/vertical properties within the generally accepted tolerance limit of 2%, which in practice resulted in the need to modify horizontal or vertical properties, which in many cases it is impossible due to co-owners not being found or refusing to attend, as a result of which they are excluded from the transaction. The same problem is solved in horizontal properties, as well as in the exclusive use sections of vertical properties, as long as the deviations do not exceed the percentage of 2%.
With this arrangement, the owner of the apartment will now be able to unilaterally correct the dimensions of his apartment and arrange his ownership through electronic means, easily issuing the Electronic Building Identity.
Statements real estate up to 30 November
In the meantime, without an extension, the obligation of owners to declare their real estate in the Land Registry is expected to expire on November 30.
The declaration also applies to those properties that have been characterized as “Unknown Owner”, which can be declared with the basic condition that the owners have the necessary certification documents and do so through the manifest error process.
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