Buying property in Greece from abroad: checks first

Short answer

Before you sign anything, have the seller's title and the Cadastre record checked for the true owner, mortgages, seizures and pending claims, and have an engineer confirm that any unauthorised constructions or uses fall within a legal exception or have been regularised. A Greek property is transferred only by a notarial deed, which must then be registered (entered in the Cadastre, or transcribed in the land registry where the Cadastre is not yet operating); until then ownership does not pass. Any deposit and the price must be paid by bank means. You need a Greek tax number, and in most cases you can complete the purchase through a notarial power of attorney without travelling; we first check whether any restriction applies to you or to the property's location.

Title and the Cadastre: who owns it and what weighs on it

The first check is legal, not physical. A lawyer searches the records of the Hellenic Cadastre (Ελληνικό Κτηματολόγιο) and, for the earlier history or where the Cadastre is not yet fully operating in the area, the books of the old land registry (υποθηκοφυλακείο). Searching these records and checking titles is part of a lawyer's work under the Code of Lawyers, and a lawyer can certify ownership, encumbrances and claims on a property.

Each property in the Cadastre has its own record (κτηματολογικό φύλλο) and a code number, the ΚΑΕΚ. The record shows the owner and the other rights registered against the property. In practice the check covers:

the seller's title deed and the chain of earlier titles, and whether the seller appears in the Cadastre as owner of the whole property or of a share;
encumbrances, such as mortgages, pre-notations of mortgage or seizures;
pending claims, such as lawsuits registered against the property;
the cadastral diagram (κτηματολογικό διάγραμμα), to compare the boundaries and area with what you are being shown and with the deed;
if the area is still at the stage of posting the cadastral data, the certificate of the property being surveyed (Πιστοποιητικό Κτηματογραφούμενου Ακινήτου), which must be attached to a contract in that period.

Building legality and the seller's certificates

Greek planning law prohibits, and treats as void, the transfer of a property on which there are unauthorised constructions or unauthorised changes of use, unless they fall within an exception or have been regularised. For this reason every deed of transfer attaches a solemn declaration by the owner and a certificate from an engineer (βεβαίωση μηχανικού) under law 4495/2017, stating that there are no such constructions or uses, or that those which exist are covered. Ask for the building permit and the plans early and have your own engineer look at them if anything is unclear.

Before the deed, the seller also has to produce, among others:

the ΕΝΦΙΑ certificate from the tax authority: the notary may not draw up the deed unless it is cited and attached. For a sale it confirms that the property has been included in the seller's declarations for the annual property tax (ΕΝΦΙΑ) for the five years before the transfer; it does not by itself confirm that the tax was paid;
where required, the energy performance certificate (ΠΕΑ): on a sale of a building or unit, the seller must show it to the buyer and hand it over (the law provides that it will become part of the building's electronic identity once that system is activated);
the transfer tax declaration: the notary may not draw up the deed without it, and the property details in it must match the deed.

The notary, the lawyer and the preliminary contract

Under the Greek Civil Code, contracts that create or transfer rights in real property must be made before a notary, and ownership of land or a building passes by agreement in a notarial deed that is then registered. The notary drafts the deed, collects the certificates the law requires and attaches them, and can file the application to register it.

For a buyer abroad, the lawyer's role is to check the title, review the draft contract on your side, and act for you under a power of attorney. A lawyer's participation in the contract before the notary is no longer compulsory; the current Code of Lawyers deals with it only as something that may happen.

If the parties want to commit before all the papers are ready, they can sign a preliminary contract (προσύμφωνο). By law a preliminary contract takes the form required for the final contract, so for real property it too must be notarial. A deposit (αρραβώνας) is often paid at that stage. The price, and any deposit or advance on it, must be paid by bank means: a notarial or private document, including a preliminary contract, that records payment in cash, or does not record payment by a bank instrument, is void and cannot be registered. Unless the parties agree otherwise, the deposit counts as compensation if the contract is not performed: the party at fault loses the deposit he gave, or returns double the deposit he received. The contract should state clearly what happens to the deposit if a certificate cannot be obtained or the title check reveals a problem.

Your tax number, payment, registration and the power of attorney

You need a Greek tax number (ΑΦΜ): the application to register you as the new owner at the Cadastre must state it. AADE offers an online application for residents abroad; we confirm the route that fits your case. Because the price must be paid by bank means, plan the payment route early; if you want to pay through a Greek bank account, opening one from abroad takes time. In some border areas of Greece a purchase needs prior approval, and the rules are stricter for buyers who are not EU citizens, so we check the property's location and your position before you commit.

After signing, the deed must be registered. In Cadastre areas the deed is entered in the property's cadastral record; elsewhere it is transcribed in the land registry. Until then the transfer does not take effect. The application can be filed by the notary who drew up the deed, by your lawyer, or by an attorney holding a notarial power of attorney.

Under the Civil Code a power of attorney takes the form required for the act it covers. Because a purchase of real property is made by notarial deed, the power of attorney must also be notarial. It should identify the property and allow your attorney to sign the preliminary contract and the final deed, pay or receive the deposit and the price by bank means, file the transfer tax declaration, and deal with the tax authority, the notary and the Cadastre.

What we need from you

To start the checks and prepare the power of attorney, we usually ask for:

your passport and, if you have one, your Greek tax number (ΑΦΜ);
the property's address, and the ΚΑΕΚ if the seller or agent has given it to you;
the seller's name and any documents you already have: title deed, building permit, plans, the engineer's certificate, the energy performance certificate;
any offer, reservation form or draft preliminary contract you have been sent;
how you intend to pay, and whether you will buy alone, with someone else or through a company.

How we work with owners abroad

Most of this work can be done without you travelling to Greece. You can sign a power of attorney at a Greek consulate, or before a notary where you live with an apostille under the 1961 Hague Convention (or with consular legalisation if your country is not a party to it), and a lawyer then acts for you in Greece. We tell you the exact wording the power of attorney needs for your matter before you sign it. For a purchase, we usually suggest signing it only after the title check, so that it can name the property and the seller.

We meet by video call, work in English and Greek, and exchange documents by email. The site also has pages in Turkish (latsoudislaw.com/tr/) and Arabic (latsoudislaw.com/ar/).

Questions clients ask

Can I sign a private agreement with the seller and do the notarial deed later?

A preliminary contract for real property must itself be made before a notary, because by law it takes the form of the final contract. A private reservation form is not a notarial preliminary contract and cannot by itself compel the transfer; what else it does depends on its terms. Have it reviewed before you sign, do not pay a significant sum before the title check, and pay anything only by bank means.

Is the Cadastre record enough, or do I still need a lawyer's title search?

The Cadastre record is the starting point and is presumed accurate, but that presumption can be overturned in court. A lawyer also reads the titles behind it, checks whether the seller holds the whole property, and looks for claims and planning problems the record does not show.

Does the notary check that the building is legal?

The notary attaches the owner's declaration and the engineer's certificate that the law requires. The certificate is the engineer's statement; if it is inaccurate, the validity of the transfer can be put in question and you should take advice promptly, so for an older or extended building it is worth having your own engineer review the permit and plans.

Do I have to come to Greece to sign?

No. With a notarial power of attorney signed at a Greek consulate or before a local notary with an apostille (or consular legalisation), your attorney can sign the preliminary contract and the deed for you.

Sources

This page is general information, not legal advice; the answer in any real case depends on its facts and documents.

L+A advises owners of property in Greece who live abroad, from the first document review to court.

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What should I check before buying a property in Greece while I live abroad?