In order for the transfer of ownership of a property to be legally completed, the seller must be tax- and social security-compliant. Specifically, the seller is required to present a tax clearance certificate to the notary public at the time of execution of the sale deed.

The tax and social security clearance certifies that the seller:

• has no outstanding overdue liabilities to the State or to EFKA (the Social Security Institution), or
• has entered into a valid and active debt settlement arrangement.

If the seller is not tax-compliant:

There are two possible scenarios:

1. The agreed purchase price is sufficient to cover the seller’s outstanding liabilities

In this case, a tax clearance certificate with withholding may be issued.
This means that part of the sale proceeds—corresponding to the amount of the outstanding debt—will be withheld by the notary public and paid directly to the State and/or EFKA (the Social Security Institution).

Under this procedure, the transfer of ownership may proceed normally.

2. The seller has multiple outstanding liabilities that exceed the agreed purchase price and therefore cannot be fully satisfied

In this case, one of the following applies:

1. a) The sale deed cannot be executed, and the seller must first settle or enter into a valid repayment arrangement for the outstanding liabilities; or
2. b) Subject to strict statutory conditions, the creditors may be satisfied through a proportional (pari passu) distribution as provided by law.

The acceptance of an inheritance is a time-consuming procedure, which may be significantly delayed if any required supporting document is missing.

Below is a detailed list of the documents that a testamentary heir should have available at the first meeting with the notary public:

Basic personal documents

• National identity card of the heir
• Tax Identification Number (TIN) of the heir

Documents relating to the will

• Copy of the will (provided that it has been officially probated)
• Copy of the deed of probate/publication of the will

Documents relating to the deceased

• National identity card of the deceased
• Death certificate
• Tax Identification Number (TIN) of the deceased
• Certificate of next of kin
• Certificate confirming that no other will has been published

Documents for the Real Estate Assets of the Estate

For each property included in the will, the following documents are required:

• Copy of the deceased’s title deed (e.g. purchase agreement, deed of acceptance of inheritance, donation, or parental gift)
• Certificate of registration/recordation with the Land Registry or Cadastral Sheet
• Copy of the deceased’s E9 property declaration
• Building Permit
• Floor plans related to regularization under Law 4495/2017 (if applicable)
• Topographical survey diagram (if available)
• Any prior parental gifts or donations made by the deceased to the heir should be disclosed to the notary public, as this information may be relevant to the inheritance process.

Recommendation

Before scheduling the appointment, it is advisable to contact the notary public who will be handling the matter, as each notarial office may require documents in a slightly different format or request additional supporting documentation.

We have compiled below a detailed list of the documents that an intestate heir should have available at the first meeting with the notary public:

Basic personal documents of the heir

• National identity card of the heir
• Tax Identification Number (AFM) of the heir

Documents relating to the deceased

• National identity card of the deceased
• Death certificate
• Tax Identification Number (AFM) of the deceased
• Certificate of nearest relatives
• Certificate of non-publication of a will

Documents for the Real Estate Assets of the Estate

For each property included in the estate, the following documents should be available:

• Copy of the deceased’s title deed (e.g. purchase agreement, deed of acceptance of inheritance, donation, or parental gift)
• Certificate of registration/recordation with the Land Registry or Cadastral Sheet
• Copy of the deceased’s E9 property declaration
• Building Permit (if available)
• Floor plans related to regularization under Law 4495/2017 (if applicable)
• Topographical survey diagram (if available)
• Any prior parental gifts or donations made by the deceased to the heir should be disclosed to the notary public, as they may be relevant to the inheritance process.

Recommendation

Before the appointment, it is advisable to contact the notary public who will be handling the matter, as each case is sui generis and may require a different set or format of supporting documents.

In practice, a significant portion of delays in the completion of a real estate transaction arises from the fact that the seller begins collecting the required documentation after a buyer has already been identified. This often results in unnecessary and, at times, excessive pressure being exerted on all parties involved (seller, buyer, engineer, notary public), pressures which could easily be avoided through proper advance preparation.

For this reason, we advise our clients to ensure that their properties are adequately “matured” prior to marketing, both from a notarial/legal perspective and in terms of planning and zoning compliance, and to have already compiled a complete and well-organised file of the documents that will be required.

Although the documentation required may vary from case to case — as each transaction is sui generis — experience shows that the following documents are generally necessary in order for the notary public handling the transaction to proceed smoothly with the sale:

Indicative list of required documents:

• Title deed of the property
• Preliminary sale agreement, if one has been executed and a deposit has been paid
• Engineer’s certificate in accordance with Law 4495/2017 (certifying the absence of unauthorised constructions or their lawful regularisation)
• As-built floor plan submitted for regularisation, where unauthorised constructions exist
• Topographical diagram, in cases involving land plots where horizontal or vertical ownerships have not been established pursuant to Law 3741/1929
• Building permit, where applicable
• Energy Performance Certificate (EPC)
• Seller’s E9 tax declaration
• Seller’s tax clearance certificate
• Seller’s social security clearance certificate

The right of habitation (Articles 1142–1148 of the Greek Civil Code) constitutes a form of personal servitude over another person’s property (real estate), granting the beneficiary a limited right of use of the property for residential purposes.

In simple terms, the right of habitation entitles a person to reside in a property owned by a third party, without holding ownership or usufruct rights over it.

Establishment

The right of habitation may be established:

• by notarial deed, or
• by will.

In all cases, the deed of establishment must be duly registered with the competent Land Registry or recorded with the competent Cadastre Office, in order to be enforceable against third parties.

Duration and termination

• As a rule, the right of habitation is granted for the lifetime of the beneficiary.
• It may, however, be granted for a fixed term, provided this is expressly stipulated in the deed of establishment.
• The right terminates, indicatively, upon:
  • the death of the beneficiary,
  • the waiver of the right,
  • the destruction of the property,
  • as well as on any other grounds provided by law.

Scope and legal characteristics

The right of habitation is a personal servitude of limited scope, in contrast to usufruct, which is broader in nature and allows for any form of use and exploitation of the property.

In particular:

• It may be established over a specific property or a distinct part thereof, but not over an undivided (ideal) share.
• It is non-inheritable, strictly personal, non-transferable, and indivisible as to its exercise.

Tax treatment

For tax purposes, the right of habitation is treated in a manner analogous to usufruct. At the same time, it is taken into account when assessing whether the acquirer of a property qualifies for first-home tax relief, as it constitutes a real right of residential use.

Both of the above legal transactions constitute gratuitous dispositions, whereby one person (the donor) transfers to another person (the donee), without consideration and by way of liberality, a right or an asset.

Where the object of such transaction is real estate, the law requires that it be executed in the form of a notarial deed. Where, moreover, the contracting parties are linked by a parent–child relationship, the transaction is characterised as a parental grant, the purpose of which is to support the child’s family and financial independence.

The key differences between a donation and a parental grant include the following:

1. a) A parental grant is informal as to its underlying obligation, as opposed to a donation, which requires a formal agreement.
2. b) In the performance of a parental grant, the parent is liable only in cases of intent or gross negligence.
3. c) A parental grant cannot be challenged on the grounds of ingratitude, unlike a donation.
4. d) The refusal to perform a parental grant cannot be justified by invoking financial hardship on the part of the parent.

Tax considerations and practical guidance

The increase in the tax-free thresholds for donations and parental grants in Greece has encouraged a growing number of individuals to take advantage of this framework in order to regulate their property and wealth planning matters.

Nevertheless, seeking specialised legal and tax advice remains the only prudent course of action, particularly in cases involving assets of substantial value. Expert guidance is essential not only for identifying the most appropriate legal vehicle, but also for accurately calculating objective property values, taking into account prior donations or parental grants that may be aggregated for tax purposes, and—most importantly—because to the extent that a parental grant exceeds the measure dictated by the child’s needs for family and financial independence, the tax authorities may reclassify it as a donation and apply the corresponding donation tax rules and tax brackets.

While accelerating property transfer procedures may seem both desirable and necessary, it can pose risks to transaction security if not accompanied by adequate control safeguards.

In recent years, Greece has been implementing initiatives to:

• Digitize procedural steps,
• Reduce the time required to collect supporting documents, and
• Enable electronic submission of property tax declarations.

These measures aim to streamline bureaucracy and attract investment.

The notarial profession has been at the forefront in welcoming these process accelerations, benefiting from shorter and more efficient property notarisation procedures.

However, acceleration alone does not eliminate risks. It must be combined with robust institutional oversight and digital security.
Without these safeguards, the legal and substantive security of property transfers is compromised, creating potential risks both for acquirers and for the overall property ownership system.

It is becoming increasingly common for various parties in a transaction to propose combining two notarial acts into a single deed. The most frequent example is the combination of an amendment establishing horizontal/vertical property ownership with a property sale agreement in a single document.

Such combinations are, initially, legally feasible only on an ad hoc basis. They must primarily remain at the discretion of the notary public and cannot be treated as a standard solution that the other parties to the transaction are equipped to implement.

Errors affecting the first act often result in the rejection of the second act by the competent Land Registry Office, causing significant disruption and uncertainty for all parties involved. Moreover, a single combined deed can complicate future corrections and, in certain cases, may even render them entirely impossible, potentially taking a property out of circulation for transactional purposes

This is a frequent question and a common source of confusion regarding the calculation of transaction costs in Greece. The objective value of a property is not determined by an accountant or private party; rather, it is established by the Ministry of Finance through the official system of objective property valuation.

The Ministry of Finance (AADE) sets the objective value based on zoning and valuation tables defined by ministerial decisions. In practice, the State determines a price per square meter (Zone Price) for each area of Greece, and then applies various coefficients according to official tables.

The notary public is the exclusive authority responsible for:

• Calculating the objective value of properties, and
• Ensuring the accurate preparation and submission of property tax declarations.

The notary performs a comprehensive review of:

• The title deed,
• The actual physical condition of the property, and
• Documentation from the municipal planning authorities and the engineer.

Based on this, the notary enters all relevant property data and additional information about the parties acquiring the property into the official system, calculating the objective value of each property through a complex, structured process.

Key points regarding the objective value:

• It cannot be altered by agreement between the parties.
• It serves as the basis for calculating the tax payable on the notarial deed transferring the property.
• It should not be confused with:
  • The value listed in the E9 tax declaration, or
  • The market value, which is the price negotiated by the parties and may be higher or lower than the objective value.

A chrysidaneo is a common contractual arrangement in practice, defined in Article 810 of the Greek Civil Code as follows:

“A chrysidaneo is a contract whereby one party (the lender or ‘chrysamenos’) grants another party the use of a thing without consideration, with the obligation of the latter to return it after a specified period or once the agreed-upon use has been fulfilled.”

This type of agreement is particularly relevant for real estate. Although not legally required, it is customary to execute a chrysidaneo in notarial form, often combined in the same notarial deed as the sale of the property.

Under this arrangement:

• Ownership of the property is transferred to the buyer through the notarial sale,
• While the seller or another party retains the right to use the property gratuitously for a specified period, typically until they have completed the necessary steps to vacate the property and hand it over to the new owner.

Key features

• The owner (lender) grants use of the property to the borrower (chrysamenos), who may use it without payment, without acquiring ownership, and for either a definite or indefinite period.
• The borrower is obligated to return the property in any of the following cases:
  1. At the end of the agreed-upon term,
  2. Once the purpose for which the use was granted is fulfilled,
  3. If the lender urgently needs the property (Article 814 GCC),
  4. If the borrower misuses the property, among other reasons.

Digital Transaction Fee under Law 5135/2024 and its Applicability to Chrysidaneo Contracts

Under Law 5135/2024, which introduced the Digital Transaction Fee replacing the previous stamp duty, it is clear that this fee is imposed exclusively on the transactions specifically listed in Articles 7 to 21 of the law.

Consequently, the Digital Transaction Fee is not applicable to chrysidaneo contracts (gratuitous loans for use), which are governed by Articles 810 et seq. of the Greek Civil Code.

Full ownership of a property is characterized by the owner’s complete legal ability to use and enjoy (derive benefits from) the property.

In practice, however, ownership is often stripped of these rights, leaving the owner with only the power to dispose of the property. In such cases:

• The reduced ownership is called bare ownership (nuda proprietas), and
• The right to use and enjoy the property is called usufruct (emphyteusis in some contexts, but here “epikarpsia”).

Key Features of Usufruct

• The usufructuary exercises limited rights over the property, specifically use and enjoyment, without impairing the rights of the bare owner, who retains full ownership and the obligation to preserve the integrity of the property.
• Usufruct can be established by notarial deed through sale, donation, or parental grant, and may be for a fixed term or for life.
• Usufruct is considered a personal servitude, which terminates upon the death of the usufructuary or upon their renunciation of the right.
• Unless otherwise specified, usufruct is non-transferable, but burdens may be imposed on it.

Key Features of Bare Ownership

• Bare ownership can be transferred by the bare owner without the consent of the usufructuary.
• Unlike usufruct, the bare owner does not lose their ownership rights, but the property is encumbered by the usufructuary’s rights.

Common Example in Greek Practice: Bare Ownership and Usufruct

Consider a parent who transfers an apartment to their child while retaining usufruct for life:

• The child holds bare ownership — they are the legal owner of the apartment but cannot use or rent it while the parent is alive, unless the parent voluntarily surrenders the usufruct in favor of the child.
• The parent retains the usufruct — they may reside in the apartment or lease it and collect rental income, but they cannot transfer ownership.
• Upon the parent’s death, the child automatically acquires full ownership, as the bare ownership and usufruct merge naturally, granting complete legal rights over the property.

This structure is widely used in Greece to secure the lifetime benefits of the grantor while ensuring that the child ultimately becomes the full owner of the property.

A preliminary agreement (prosymfono) is a preparatory, obligational, and promissory contract under which one or more parties undertake a specific obligation. Specifically, the obligor commits to participate in the execution of the final contract or unilateral legal act, the content of which is already defined within the framework of the preliminary agreement.

In modern practice, where speed in transactions is often prioritized, preliminary agreements are commonly used for real estate acquisitions, particularly in situations where the final contract cannot yet be executed due to legal, practical, or strategic reasons, or because the parties do not wish to be definitively bound at that stage.

Importance of Notarial Form

Preliminary agreements involving an obligation to transfer real estate must be executed in notarial form, as they are subject to the same formal requirements established by law for the final contract, even if this means the parties are formally adhering to the same procedure twice. This is particularly crucial in high-value property transactions for the following reasons:

• Provides full evidentiary force of a public document and enforceability.
• Offers stronger protection against third parties, e.g., preventing the seller from attempting to sell the same property to another buyer.
• Constitutes an enforceable title.
• Allows for more detailed legal review of both the property and the specific terms of the agreement, as it is drafted by a notary public.

Thus, a notarial preliminary agreement offers broader and more substantial legal protection compared to a private agreement.

Therefore, a preliminary agreement for the execution of a contract concerning real rights in real estate, and in particular the transfer of property, must be executed in notarial form pursuant to Article 369 of the Greek Civil Code, without the need for registration with the competent Land Registry, provided it constitutes merely an obligational contract.

The notarial form is required for a preliminary agreement on the sale of real estate for both the property itself and the agreed price, which constitute the essential elements of the contract. Consequently, any private agreement between the parties attempting to set the price would be considered invalid.

A secret will is primarily governed by Articles 1738–1748 of the Greek Civil Code. It is executed when the testator delivers a document to a notary in the presence of three witnesses, or alternatively, a second notary and one witness, accompanied by an explicit declaration that the document represents their last will and testament. The notary then makes a formal notation in accordance with Article 1742 of the Civil Code and records the act in the corresponding notarial deed.

The secret will is a complex legal instrument, as its execution requires multiple acts, including procedural, quasi-legal, and tangible legal acts. It represents an intermediate form between a private (holographic) will and a public will, and should be clearly distinguished from a private will merely deposited with a notary.

To execute a secret will, the following documents are required:

1. The original document delivered by the testator to the notary.
2. The notarial deed prepared by the notary for the execution of the secret will.
3. The notation document in accordance with Article 1742 of the Civil Code.

This type of will is particularly suitable when the confidentiality of the testator’s last wishes is a priority, as the contents remain unknown even to the notary. However, its use should be limited to cases where confidentiality is essential, given the strict formal requirements which increase the risk of invalidity. Additionally, the process involves longer execution time and generally incurs higher costs compared to other types of wills.

The above question represents a common concern faced by the majority of parents, who strive to provide their children with assets in order to support their financial stability and personal independence, while at the same time seeking to keep notarial fees, taxes, and related costs—such as those for engineers and the Land Registry—at a reasonable level.

At first glance, the drafting of a will appears to be the least burdensome and most cost-effective option, as it seemingly avoids notarial and engineering expenses, taxes, and registration fees.

However, in practice, this solution is neither the most appropriate nor the most economical in the long term. On the one hand, a will merely defers the associated costs and procedural requirements of the notarial process to a later time, following the death of the parent. On the other hand, the future tax framework remains uncertain.

As social and economic relations continue to evolve in Greece, the legal system has become progressively more stringent, and property transfers are subject to increasingly strict conditions. It is currently impossible to predict future objective property values, tax rates, or the applicable tax-free thresholds for parental gifts.

Finally, a parental gift of real estate—particularly when it involves the transfer of full ownership and where this is feasible—provides substantial and timely support to the child during a productive stage of life. It facilitates the optimal use of the property and contributes meaningfully to the child’s financial independence and overall autonomy.

A Co-Owners’ Relations Regulation constitutes a collective agreement, drafted as a notarial deed, which governs the relationships among the co-owners of horizontal or vertical properties. Once registered with the competent local Land Registry Office, it defines the terms of cohabitation, the rules for the use and maintenance of common areas and facilities, as well as the rights and obligations of the co-owners.

After registration, the restrictions and provisions included in the Regulation become binding on all property owners, whether they are the original contracting parties or their specific and/or universal successors.

Although the adoption of a Co-Owners’ Relations Regulation is uncommon in family-owned apartment buildings, as it is not legally mandatory, its existence is considered highly beneficial to ensure the smooth and orderly management of the building. Furthermore, having such a Regulation in place enhances the attractiveness of the property in the event of a transfer to a third party, as it clearly establishes the rights, obligations, and limits of use regarding the common areas, thereby preventing potential disputes among co-owners.

The Regulation encompasses all fundamental agreements among the co-owners while delegating the resolution of secondary matters to the General Assembly of Co-Owners. The composition, convening procedure, and powers of this Assembly are predetermined within the Regulation.

For legal certainty and effective property management, it is recommended that the Regulation be drafted either simultaneously with the constitutive deed of the property or following the sale of the first horizontal units to third parties. This ensures a unified and clear framework for regulating co-owners’ relationships and the overall operation of the building.