What are the essential documents that every property owner should have on file?

The registration and utilization of real estate is a very important issue for every owner. However, many citizens believe that everything is “in order” and that they have no problems, since they have the contract for their property, which they have declared in the E9 form and in the Land Registry, and they pay the corresponding ENFIA tax. However, when they start a process involving the utilization of their property, such as a bank loan, transfer/parental provision, subsidy from the “Ex’ Oikonomo” program, connection to natural gas, issuance of a TAP by the municipality, etc., they find that there are problems that need to be resolved.

In fact, most building legality issues are revealed at the last minute, when the owner contacts the engineer to issue the Electronic Building Identity, which is mandatory from April 1, 2022, for any legal transaction, as well as during the inspection of the building for its subsidy from the “Ex’ Oikonomo” program. Gathering information from the urban planning archive, the EFKA, the land registry, etc., and rectifying any possible irregularities is a time-consuming process that requires a lot of paperwork.

Thus, owners often lose potential buyers or are excluded from subsidized programs due to the late collection of supporting documents.

For this reason, every property owner should have an organized file with the necessary documents and plans relating to their property, so that they have an accurate picture of it and can settle any outstanding issues in a timely manner and at a lower cost.

What are the essential documents that every property owner must have?

Ownership contract (purchase/donation/acceptance of inheritance, etc.) together with the accompanying Topographical Diagram (if available).
Certificate that the property has been transferred to the land registry at the time of purchase by the owner.
Proof of ownership in the Land Registry.
Cadastral extract (diagram and sheet) from the Cadastral Service, if the property is located in an area included in the Cadastre.
Declaration of Assets (E9).
Contemporary Topographic Diagram.
In the case of a building, the building permit form or other evidence proving the legality of the building.
The certified plans from the town planning department that are in the Building Permit or Legalization of the building file. Namely: Topographical plan, Coverage diagram, Floor plans, Elevations, and Sections.
In the case of horizontal property (apartment, office, shop), the file must contain, in addition to the contract, the horizontal property agreement for the building and the table of millimetres.
The declaration of completion of settlement, in the event of arbitrariness.

How is the legality of a building defined?
In general, any construction or installation that is carried out is legal:

In accordance with the urban planning provisions and regulations in force at the time of its construction, and provided that it was constructed in accordance with the terms of the legal building permit or approval, unless they fall under the cases that are exempt from the obligation to issue a building permit under the relevant provisions.

In any case where there is no specific provision stipulating an exception, a building permit or approval must be issued, and therefore any construction not covered by the required permit or approval is considered unauthorized. Exemption from the obligation to issue a building permit is only possible with a relevant legislative provision.

If the owner of the residence does not have a building permit or if it does not correspond to the current condition of the residence, they must have a document of legality (such as, for example, inclusion of the declared construction or use in a law regularizing unauthorized constructions or exemption from demolition under Law 1337/83).

How is the legality of a building proven?
The legality of the building is proven by the following documents:

Building permit form. Please note that the total square footage of the space must have a building permit and be used for its intended purpose.
Any unauthorized constructions must be regularized in accordance with a law on unauthorized constructions.
Certificate from the municipality/engineer for a building constructed before 1955. Buildings constructed before 1955 are considered legally existing. In this case, a relevant certificate from an engineer is required.
Certificate of inclusion of the unauthorized construction in a law on unauthorized constructions.
If the residence (or part thereof) was built without a permit after 1955, it must be regularized.
Certificate of definitive exemption from demolition by the Town Planning Department.

How are any existing irregularities rectified?
For buildings with relatively minor violations, owners are given the opportunity to rectify them by March 31, 2026, but must pay increased fines. Completely unauthorized buildings and those with major urban planning violations are not currently being regularized, with a few exceptions (unauthorized buildings belonging to banks, inherited buildings, buildings in disaster-stricken areas, etc.). In a recent announcement, the Ministry of Environment announced that it will once again allow the regularization of these major unauthorized structures (category 5). It should be noted that the regularization of unauthorized buildings does not apply to constructions or changes of use subsequent to July 28, 2011.

What about the permits for buildings that have been lost?
This issue has concerned many citizens and engineers, who can find the permit itself but cannot find the file with the architectural plans at the Urban Planning Department that issued the permit. In this case, you should contact an engineer who will reconstruct the file.

What about buildings constructed before 1955 that do not have a permit?
Buildings constructed before November 30, 1955, are legal and do not require a building permit. However, a relevant certificate must be issued by an engineer.

The following constitute evidence of the building’s age prior to 1955:

Notarial documents
Aerial photographs (with photo interpretation)
Method and materials of construction (technical inspection of the property)
Additional supporting evidence may include public documents such as electricity/water supply, declarations to the tax office for the property, photographs, historical documents, etc.

What about houses built after 1955 that do not have a building permit and have not been declared under the law on the regularization of unauthorized constructions, but have been transferred normally and are declared in the tax return?
The existence of a contract and the declaration of the residence in the tax return does not imply that the building is legal. There must be a building permit or a corresponding legal document (e.g., exemption from demolition) proving that the building is now legal. In addition to the document, there must also be the corresponding/additional legal documents (floor plans, elevations, sections) of the building. If the above supporting documents are not available, then legalisation must take place.

Is a residential building that is subject to Law 1337/1983 (the “Tritsis” law) legal?

Yes, provided that phases A and B of Law 1337/1983 have been completed, the entire fine has been paid, and the application for exemption from demolition of the building has not been rejected by a decision of the competent authority in each case.

What documents are included in the HTA file?

What information is required for the Electronic Building Identity?
The building permit for the building, with any revisions.
The plans accompanying the building permit.
The energy performance certificate for the building or parts thereof, the construction inspection certificate, if issued.
Declarations of compliance with arbitrary laws.
Floor plans showing the building in its actual condition.
The structural vulnerability report and the structural adequacy study, if required.
The millimeter table and the building cost allocation study, if required.
The Certificate of Completeness for Electronic Building Identity.