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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Acharnes, Greece involves a structured review of legal, administrative, fiscal and physical issues that affect a property. The purpose is to confirm clear title, identify encumbrances and risks, verify compliance with planning and building laws, check tax and municipal obligations, and ensure the property can be used for the buyer's intended purpose. Acharnes is part of the Attica region and falls under Greek national laws as well as local municipal regulations. Key players in the process include the Hellenic Cadastre - Ktimatologio, the local Municipality of Acharnes, notaries, lawyers, licensed surveyors and engineers, and tax authorities.
A lawyer experienced in real estate transactions brings legal certainty, mitigates risk and helps ensure a smooth transfer of rights. Common situations that call for legal assistance include:
- Buying residential or commercial property in Acharnes, especially if you are a foreign buyer or the property has complex title history.
- Verifying title when cadastral registration is incomplete or there are conflicting records.
- Handling properties with mortgages, liens, easements, usufructs or pending court disputes.
- Reviewing building permits, planning permissions and possible illegal constructions.
- Dealing with inherited property, co-ownership or succession issues.
- Preparing and negotiating pre-contracts, sale contracts and power of attorney documents for notarial closing.
- Ensuring correct calculation and payment of transfer taxes, VAT, ENFIA obligations and municipal charges.
- Representing your interests at the land registry, mortgage registry, tax offices and municipal departments.
The main legal framework and administrative elements relevant to real estate due diligence in Acharnes include the following:
- Cadastre - Ktimatologio: Most properties in Attica are recorded in the national Cadastre. The Cadastre holds definitive ownership data, cadastral parcel identifiers and encumbrances recorded by entry. Checking the Cadastre is a core step in due diligence.
- Land Registry and Mortgage Registry: For properties not fully recorded in the Cadastre or for mortgages and pledges recorded before Cadastre completion, searches at the competent Land or Mortgage Registry are necessary to identify burdens on title.
- Urban Planning and Zoning: Acharnes follows municipal zoning plans and national urban planning legislation. Zoning determines permitted uses, building coefficients, floor area ratios and any restrictions on development. Confirming the propertys zoning status and any pending plan changes is essential.
- Building Permits and Compliance: Legal construction requires a building permit and completion certificate. Unauthorized or illegal constructions are common risk factors and can lead to fines, demolition orders or obstacles to registration and resale.
- Archaeological and Environmental Restrictions: Parts of Attica may be subject to archaeological finds or environmental protection rules. Such restrictions can impose limitations on alterations or new construction and may impose approval requirements from relevant authorities.
- Taxes and Fees: Transfer tax or VAT applies depending on whether the property is a resale or new build and on the nature of the seller. Annual property tax - ENFIA - and municipal charges must be verified and settled. Tax compliance affects ability to register transfers.
- Notarial Formalities: Transfers of real estate are completed before a Greek notary public. Notarial deeds, identity checks, tax clearances and correct payment of taxes are prerequisites for a valid transfer and subsequent registration.
- Foreign Buyers: Generally permitted to buy property in Greece, but additional checks, power of attorney provisions and tax circumstances apply. Military zone restrictions may apply in some locations, requiring special permission.
Real estate due diligence is a systematic investigation of a property's legal status, titles, encumbrances, planning and building compliance, tax liabilities and physical condition. Its goal is to uncover risks that could affect ownership, value or use of the property.
Ownership is checked through the Hellenic Cadastre - Ktimatologio if the property is recorded there. If the property is not yet in the Cadastre, searches must be made at the relevant Land or Mortgage Registry or by examining title deeds and historical transactions. A lawyer can obtain certified extracts and explain the results.
Essential documents include the title deed or last contract of transfer, cadastral number or plot identifier, building permit and completion certificate if relevant, recent ENFIA tax receipts, proof of payment of utilities and municipal charges, and any loan or mortgage documents. If buying from heirs, succession documentation is needed.
Illegal construction can create significant legal and financial risks, including fines, orders to legalize or demolish the construction, and obstacles to sale or registration. An inspection by a licensed engineer plus legal advice about potential rectification or legalization measures is crucial before purchase.
Timing varies by complexity, location and whether all records are in the Cadastre. Simple cases with Cadastre registration can be reviewed in a few days to two weeks. Complex matters - such as historical title issues, disputes or missing permits - can take several weeks or longer. Your lawyer will provide a more precise timeline after an initial review.
Typical costs include transfer tax or VAT depending on the transaction, notary fees, registration fees at the Cadastre or Land Registry, lawyer fees, and any outstanding municipal debts or ENFIA arrears to be settled. New builds by VAT-registered developers may be subject to VAT; resales usually attract transfer tax. A legal advisor can estimate the full cost breakdown.
Yes. Foreign individuals and companies can generally acquire property in Greece. Additional practical requirements may include obtaining a Greek tax identification number (AFM), and using a local bank account. Special permissions are required for properties located in restricted military zones.
Morgages, liens or other encumbrances must be identified and either settled by the seller or transferred as part of the deal with the lender consent. A mortgage will typically need to be discharged or formally transferred at the time of sale, and clearance from the Mortgage Registry or Cadastre is essential.
Unpaid municipal charges, municipal taxes and utility debts can create claims on the property. Liability may depend on the contract terms, but outstanding municipal debts in some instances can remain attached to the property. A lawyer will check records and ensure liabilities are addressed in the transaction documents.
When a seller is deceased, a property can only be transferred by persons who have valid title through succession. Legal succession documents, probate or court orders and proper registration of heirs are required. Disputes between heirs or incomplete succession procedures make due diligence more complex and require specialist legal assistance.
Useful public bodies and professional entities for someone conducting due diligence in Acharnes include:
- Hellenic Cadastre - Ktimatologio: for cadastral extracts and ownership information.
- Municipality of Acharnes - Urban Planning and Building Departments: for permits, zoning status and municipal charges information.
- Local Land and Mortgage Registries: for historic title and mortgage searches where applicable.
- Independent Public Revenue Authority offices - for tax clearances and guidance on transfer taxes and VAT.
- Notary Publics operating in Attica - for notarisation and registration procedures.
- Technical Chamber of Greece - TEE: for lists of licensed engineers and technical standards.
- Licensed surveyors and civil engineers - for technical and structural inspections, topographic surveys and legalization advice.
- Local courts and registry offices - for checking pending litigation or court orders affecting the property.
If you need legal assistance for real estate due diligence in Acharnes, follow these practical steps:
- Arrange an initial consultation with a Greek property lawyer experienced in Attica transactions. Prepare basic information about the property - address, seller name, cadastral number if available, and any documents you already hold.
- Ask the lawyer to run the key searches: Cadastre extract, Mortgage Registry search, municipal records for permits and debts, and tax office checks for ENFIA and transfer tax information.
- Commission a technical inspection by a licensed engineer and, if relevant, a topographic survey to verify boundaries and detect unauthorized works.
- Have the lawyer review all documents and draft or negotiate preliminary and final sale contracts. Ensure terms address outstanding liabilities, mortgage settlements and the timing of payments and registration.
- For foreign buyers, obtain a Greek tax number - AFM - and consider granting a local power of attorney for signing when attendance at a notary is difficult. Ensure translations of key documents if needed.
- Coordinate with the notary and your lawyer for closing - payment of taxes, signing of the notarial deed and registration at the Cadastre or Land Registry. Keep copies of all receipts and registration certificates.
- Retain copies of the final property registration and update your records. Monitor any post-closing formalities such as utility transfers and municipal registration.
If you are unsure where to start, contact a local lawyer for a short initial review. Even a preliminary legal check can identify major risks and help you decide whether to proceed, negotiate different terms or withdraw from the transaction.
