Best Real Estate Due Diligence Lawyers in Melissia

About Real Estate Due Diligence Law in Melissia, Greece

Real estate due diligence in Melissia - a suburb in the Municipality of Penteli in Attica - is the process of checking legal, administrative and physical facts about a property before a transaction or development. Due diligence aims to confirm the seller's title, identify restrictions or encumbrances, verify planning and building permissions, and uncover tax or debt liabilities that could affect ownership.

In Greece, property transfers are formalized before a notary and must be registered in the relevant land registry or the Hellenic Cadastre. Local planning and environmental rules are controlled by municipal and national authorities. Because Greek property law involves multiple public registers and administrative approvals, careful due diligence is essential to avoid unexpected liabilities.

Why You May Need a Lawyer

Buying or selling property - A lawyer reviews title documents, draft and negotiate preliminary agreements, confirm seller authority, and coordinate the closing before the notary.

Checking title and encumbrances - A lawyer conducts searches in the Cadastre or land registry, verifies mortgages, liens, easements and pending litigation that may affect the property.

Confirming building legality - If the property has additions or renovations, a lawyer helps verify that building permits and occupancy certificates exist or advises on regularization options for unauthorized works.

Resolving boundary or ownership disputes - A lawyer engages surveyors, prepares legal claims or settlements and represents you in negotiations or court, if necessary.

Inheriting or transferring property - A lawyer assists with succession documentation, declaration of heirship and any tax or registry formalities to clear title for sale or transfer.

Buying as a foreigner or through a company - A lawyer helps obtain necessary tax numbers, advises on ownership structures, checks compliance with foreign investment rules and coordinates powers of attorney.

Local Laws Overview

Title and registration - Two main systems coexist: properties already recorded in the Hellenic Cadastre and those still handled through historical land registries or deeds. A registered title in the Cadastre offers clearer public proof of ownership, but even then a careful verification of entries is necessary.

Planning and building controls - Municipal zoning plans and national planning laws regulate permitted uses, building coefficients and setbacks. Building permits and occupancy certificates are essential - lack of such permits can trigger fines, demolition orders or difficulties in registering a sale.

Environmental and protected area rules - Melissia borders green and forested areas related to Pendeli mountain. Properties near protected forests, Natura sites or archaeological zones face stricter controls and possible prohibitions on construction or changes in use.

Archaeological supervision - Greece has strong protections for cultural heritage. Ground works may require archaeological permits or supervision by the Ministry of Culture if artifacts or remains are discovered.

Mortgages, liens and taxes - Mortgages and other encumbrances must be cleared or accounted for at closing. Transfer taxes, capital gains tax and recurring property taxes apply. All taxes and municipal debts tied to the property must be checked prior to transfer.

Role of the notary - The notary prepares and executes the final deed of sale. Lawyers typically prepare the legal groundwork and advise the buyer or seller, while the notary certifies and records the transaction.

Frequently Asked Questions

How do I check who legally owns a property in Melissia?

Ownership is checked through the Hellenic Cadastre if the property is registered there, or through the historical land registry and title deeds if not. A lawyer will request official extracts and confirm the name recorded as owner, as well as any encumbrances that appear on the record.

What documents should I ask the seller for during due diligence?

Key documents include the title deed or cadastral extract, building permits and occupancy certificates, recent utility bills, municipal tax certificates showing no debts, mortgage or lien statements, and any recent cadastral surveys or boundary plans. Your lawyer may request additional documents depending on the property.

What happens if the property has unauthorised building works?

Unauthorised works can create legal and financial risk - fines, inability to register the sale, and potential demolition orders. A lawyer will evaluate options including legalization procedures where available, negotiation with authorities, or price adjustment and indemnities in the sale contract.

How long does due diligence usually take?

Timing varies with complexity. For a straightforward, cadastral-registered property it can be a few days to a couple of weeks. For properties with missing permits, inheritance issues or pending disputes it can take months. Early identification of issues speeds up decision-making.

Do I need a local surveyor as part of due diligence?

Yes - a licensed surveyor or engineer often verifies boundaries, checks the built area against permits and inspects structural concerns. Their technical report complements the lawyer's legal checks and is particularly important for plots or properties with unclear boundaries.

Can a foreign buyer purchase property in Melissia?

Generally yes - foreign individuals can buy property in Greece subject to rules in special border or restricted zones. Foreign buyers need a Greek tax number and may appoint a local lawyer or power of attorney. There may be additional administrative steps for some nationalities and for agricultural or coastal land.

What taxes and fees should I expect when buying property?

Typical costs include transfer tax or VAT depending on the type of sale, notary fees, land registry or cadastral registration fees, lawyer fees and any outstanding municipal debts. Your lawyer will estimate total closing costs and advise on tax implications.

How can I check for municipal debts or utility arrears tied to the property?

Your lawyer will request certificates from the Municipality of Penteli showing no outstanding municipal taxes or charges, and ask utility companies for statements of account. These checks ensure you do not inherit unpaid obligations at closing.

What should I know about mortgages and foreclosures?

Existing mortgages must be identified and either discharged at closing or formally transferred. Purchasing a foreclosed property involves additional procedural steps and risk - a lawyer will examine foreclosure files, priority of charges and any court orders before you proceed.

Is it necessary to involve a notary and a lawyer - can one professional do both jobs?

The notary is required to formalize the deed and certify the transaction. A lawyer provides comprehensive legal advice, negotiates terms and conducts due diligence. While the notary must remain impartial, buyers and sellers commonly retain separate lawyers to protect their interests before the signing.

Additional Resources

Hellenic Cadastre - for cadastral maps, extracts and information about registration status.

Municipality of Penteli - for local planning rules, municipal tax certificates and building permit records in Melissia.

Ministry responsible for Environment and Energy - for national town planning, zoning and development policies.

Ministry of Culture and Sports - for archaeological and heritage issues affecting construction or land use.

Local Bar Association - to find registered lawyers with property law experience in Attica.

Tax Authority - for guidance on transfer taxes, VAT and income tax consequences of property transactions.

Licensed surveyors and engineers - for technical inspections, boundary surveys and building condition reports.

Next Steps

Gather basic documents - title deed or cadastral extract, any permits, utility bills and ID documents. If you are a foreign buyer get a Greek tax number or arrange for this through your lawyer.

Contact a local lawyer who specializes in real estate - they will explain the due diligence process, request official searches and estimate costs and timelines.

Commission technical checks - hire a licensed surveyor and, if needed, an engineer to inspect the property, confirm boundaries and compare the built area to permits.

Request municipal and tax certificates - your lawyer will obtain certificates showing no outstanding municipal debts, tax liabilities or other encumbrances tied to the property.

Negotiate and document protections - consider a preliminary agreement with clear conditions precedent, warranties from the seller, and escrow or deposit arrangements to protect your funds.

Coordinate closing - the notary prepares the final deed based on verified documents. Your lawyer should review the deed, ensure all charges are removed or handled and confirm registration steps after signing.

Keep records - after completion, keep notarized deeds, registration receipts, tax payments and technical reports in a safe place. Your lawyer can also assist with post-purchase registrations and notifications.

If you are unsure where to start, schedule a short consultation with a local property lawyer - even a preliminary review can identify major red flags and prevent costly mistakes.