Home-owners in Greece concerned about the legality of their property will welcome the news that the amnesty for registering any illegal structures or buildings in Greece has been extended until the end of May 2013.

Article written by The Overseas Guides Company

Owners of Greek property that are in breach of planning regulations have the opportunity to declare the irregularity and pay a fee to have their property legalised before the deadline or risk the authorities finding out at a later stage, which would result in a substantial fine.

The advantage of the new dispensation is that, unlike previous occasions, the fee for legalising is a one-off charge and not an annual fee, and costs significantly less than before. It also means that connection to mains electricity and water is then possible for previously illegal builds.

Due to the economic plight of the Greek government, inspectors from town planning offices are going to be checking on transgressors and imposing fines on anyone not declaring their illegally converted areas. It has even become evident that the Land Registry and Ministry of Agriculture are using aerial photographs to identify Greek property illegally constructed or with illegal additions and alterations. The amount of the fine will be calculated according to the size of the area in question, whether the home complies with zoning regulations, the value of property in the area and whether the house is the owner’s main residence.

Bear in mind that as of January 1st 2012 it is impossible to sell, buy, rent or mortgage a property without a certificate of legality issued by certified architects or engineers. Also, properties that are not legalised can now only be transferred to, or inherited by, one family generation. After that, if still not legalised, they can be claimed by the Greek state.

What exactly can be legalised?

The list is extensive, but here are a few examples:

  • new buildings or extensions to existing buildings that were built without a building permit
  • buildings that were built bigger than specified on the authorised building plans
  • buildings erected at a different location specified on the building permit or at a differing distance from the property boundary
  • swimming pools installed without a permit
  • balconies or roofed terraces converted into living spaces
  • basements and garages converted into rooms
  • loft conversions not on the original plans

There are, of course, still a number of alterations to plan or illegalities that are not allowable under the new dispensation. These include:

  • buildings or structures built on public municipal or state property
  • buildings on or too close to public roads
  • buildings on forestry land, on beaches or too close to the sea shore and
  • buildings within protected areas, such as archaeological sites and protected National Parks

So how do you set about legalising your property?

In brief, you retain an authorised architect or engineer who then visits your property and does an assessment thereof. They then gather all necessary documentation, assess the fine to be paid (worked out with a formula provided), complete the application form and submit it digitally to the Technical Chamber. On payment of the fine you will be issued with a unique code and a certificate of submission for the property and this will be required for any future legal transaction related to the property.

And how much does all this cost? Well, evidently the fee starts at €500 (approx. £430) depending on the size of the property and the architect’s or engineer’s fees as recommended by the Technical Chamber are €1,540 (approx. £1,328) plus VAT. The cost of legalisation now is significantly lower than previously and the procedure does not incur an annual fee for retaining an illegal structure as it did previously.

Anyone concerned about the legality of their Greek home, or one they are contemplating buying, should contact the Overseas Guides Company to be referred to a Greek property specialist. They will be offered a ‘Personalised Property Action Report’, a type of property health check, prepared by a team of professionals. Call the OGC Resource Team on 0207 898 0549 or email them at OGC@overseasguidescompany.com.

To browse properties for sale in Greece, visit the listings on Rightmove Overseas. One way to save money when buying property in Greece or living there is to use currency specialist Smart Currency Exchange when transferring your pounds into euros. For more information on this, visit the Currency Zone.

To understand the full step-by-step process to buying a property in Greece, collect The Overseas Guides Company’s ‘Greece Property Buying Guide’

The views and comments herein are those of the author and do not necessarily reflect the views or opinions of Rightmove Overseas, Rightmove Group Ltd or Rightmove Plc