Article 16 of Law 5142/2024 (Government Gazette 158/A/4‑10‑202 Law 5142/2024 (Government Gazette 158/A/4‑10‑2024), titled “Completion of Cadastral Registration, Simplification of Procedures, Use of Artificial Intelligence, and Provisions for the Operation of the Legal Entity under Public Law ‘Hellenic Cadastre’” — includes in Article 16 provisions of significant notarial interest, primarily concerning horizontal and vertical properties, the correction of contracts, as well as the annulment of invalidity of transfers or the establishment of property rights.
According to the explanatory memorandum of the relevant provisions:
“The drafting of transfer deeds has become difficult today if the correction of previous acquisition contracts of the property has not been completed, or when such documents do not exist or the relevant titleholders do not provide for this, or when it is required that modification deeds of horizontal properties be signed by all co‑owners of apartment buildings. Consequently, there is an immediate need to resolve this issue so that citizens can proceed with lawful transfers of their properties. The proposed provision addresses the issue by enabling unilateral modification of notarial deeds concerning horizontal or vertical properties (sub‑paragraph a of paragraph 1), under the specifically defined conditions.
These provisions reposition numerous properties within transactions, as they concern the ability to unilaterally modify the constitutive deed of horizontal or vertical properties, as well as their appurtenant spaces or areas of exclusive use, with respect to the surface area, boundaries, and use of the horizontal or vertical property, as recorded or described in the constitutive documentation of the horizontal/vertical properties, provided that the current physical condition has existed since the time of construction and is reflected in the Electronic Building Identity or Individual Property Identity under Article 53 of Law 4495/2017.
The above provisions specifically address:
a) Erroneous area measurements
b) Partitioning involving adjacent horizontal properties
c) Change of use
d) Incorporation of semi‑open spaces, balconies, and bay windows (in whole or in part)
e) Change of use or incorporation of parts of areas of exclusive use, in whole or in part, into the divided vertical properties, including appurtenant spaces that were allocated to them during the original constitution of the horizontal properties.