Once you have found a property and you are ready to proceed with a purchase, here are the basic steps you will need to follow :
- Step 1 : Find a lawyer. He / She will make sure that the property is taken off the market, by giving the seller a deposit (normally it is 10 % of the purchase price), securing in this way the property in your name. He / She will then perform due diligence, carrying out “Registry of Mortgages”, “Land Registry” and other legal paper searches, ensuring the protection of your interest in the transaction. Once all is clear and ready, he / she will take care of some papers that will be needed from your (buyer’s) side and then the lawyer will take part in the drawing up of the contract with the Public Notary. The paper-preparing procedure can take place with or without your presence, as long as you have drawn up a “Power of Attorney” document with your lawyer, regarding this specific purchase, giving him / her the right, this way, to sign all necessary papers till the purchase is completed.
- Step 2 : Address to a Public Notary. He / She does not act on behalf of the interest of either of the two parties (seller or buyer). The Public Notary will set clear any queries that may rise up, and with the assistance of any lawyer assigned by either of the two parties, he / she will draw up the Contract of Sale. When the Contract is ready, it is read and, once both parties agree, signed, in the presence of the Public Notary, the remaining 90 % of the purchase price is being transferred and all related to the contract costs are being paid.
- Step 3 : Registration with the “Registry of Mortgages”. Once the contract of Sale has been signed by both parties, the Public Notary will follow a procedure in order to verify and register the transaction in public records, so that the buyer acquires the official title of the property along with the relevant certificate from the “Registry of Mortgages”.
- Step 4 : Registration with the “Land Registry”. If the region, where the purchased property is, has a “Land Registry”, then the lawyer will take a copy of the Contract of Sale and a copy of the certification from the “Registry of Mortgages”, and register the property at the local “Land Registry” under the buyer’s name.
Legal Documents Required
In order for the Public Notary to draw up a Contract of Sale, he / she will need the following documents by the buyer :
- If the buyer is an individual :
- Tax Registry Number (AFM) and other personal information.
- Copy of ID card or passport.
- Power of Attorney in cases where the buyer is not present.
- Representing lawyer.
- Additional documentation if the buyer is a company.
- If the buyer is a company (your lawyer will advise you in details) :
- Company name, main office address, structure (limited liability company, partnership, etc.) and other official documentation (in accordance with the laws of the country where the company is registered).
- Articles of incorporation or the Deed of partnership and documents relating to any modification of those articles.
- Public document (in accordance with the state law) that confirms that the company is legally established and registered.
- A document detailing the Board (members and election period).
- Administration / Administrator.
- Legal representative.
- Representative of the purchase in Greece.
- Power of Attorney from the company’s legal representative to a Greek lawyer.
All documents, with the exception of No. 8, must be officially certified copies and must be available in authorized translation into Greek.
All the above apply both for EU citizens and Non-EU citizens, for purchasing properties in regions all over Greece.
In case of a Non-EU citizen who wants to purchase a property in border areas (East Aegean, Dodecanese Islands, regions of Northern Greece, Crete and Rhodes), he / she will have to make an application to the Greek Ministry of Defense, to grand authorization. In order for them to lift this ban and buy a property in border regions, they will have to have a Statutory Permit issued under their name. For that, they will need to provide the following papers, issued by their Country’s Consulate or Embassy in Greece and translated into the Greek Language :
- Updated Criminal Record Certificate
- Statutory Declaration that there is no criminal conviction against him / her.
The legal fee is a matter of agreement, and is mainly affected by the extent of the service provided by the lawyer and it is all upon agreement by mutual consent between the buyer and the lawyer.
Civil Engineer :
If the asset that one acquires is a building, then we advise the buyer to use the services of a Greek Civil Engineer, in order to carry out a full structural survey of the property, to ensure that the building has no structural instabilities which may give rise to problems in the future.
Transfer Tax :
Property purchases in Greece are subject to taxation. It is obligatory for the purchase tax to be paid prior to signing of the contract. The amount of tax is calculated on the value of the property that is mentioned in the contract.
Municipality Tax :
An amount equivalent to 3 % of the Transfer Tax is also to be paid to the local municipality.
Notary Fee :
The notary fee is calculated in most cases at 1.6 %, including tax and VAT, of the Objective Value of the specific property.
The percentage (%) of the fee is decreased as the the amount of the Objective Value is increased.
Land Registry Fee :
Land registry fees include registrar’s rights, certificates, and stamp duty. They are calculated at 0.475-0,575 % of the Objective Value of the property, plus 23 % VAT.
Real Estate Agent’s Commission :
The buyer pays to the Real Estate Agent a Commission, which is mutually agreed between them from the very beginning.
For more information, please contact us.