1. The Lawyer
The buyer’s lawyer is one of the most important and useful resources you can have as a foreign buyer of real estate in Greece. The buyer's lawyer's practice typically focuses on real estate transactions, ensuring that your interests are protected at every stage. In Greece, the notary's role is more limited compared to other countries; while the notary oversees the signing of the purchase deed, it is the buyer's lawyer who is responsible for legal due diligence and safeguarding the buyer's interests throughout the transaction. Your lawyer provides essential guidance throughout the process, helping you navigate notarial procedures, legal requirements, and compliance with regulations. The buyer’s lawyer assists you with the following:
Due Diligence Research
The lawyer checks the sequence of ownership titles and the existence of liens (mortgages, third-party claims, etc.) to ensure that everything is legally in order (due diligence).
Special Permits
The lawyer can advise on any extra permits required in certain areas of Greece. For example, special permits may be required for foreigners buying in border areas. Other exceptions apply for forestry land, areas of military interest, and Natura 2000 conservation areas.
Reviewing and Negotiating Purchase Agreements
The lawyer assists in drafting and reviewing the private purchase agreement, which is one of the first steps of buying a home in Greece. Before drafting the agreement, the lawyer ensures that all necessary documents are in order to guarantee the legal validity and enforceability of the transaction. The lawyer can also advise or review the terms and conditions of the contract on your behalf to make sure that your best interests are safe.
Transferring Ownership of the Property
A Power of Attorney grants specific powers to a representative, allowing them to act on your behalf in legal matters related to property transactions. If buyers cannot be present in Greece, they can grant a Power of Attorney to a representative to sign the deed on their behalf. If you have signed a Power of Attorney, your lawyer can sign the final purchase notarial deed on your behalf, which transfers ownership of the property into your name and assists with the registration of the notarial deed. The notary prepares the final purchase contract (notarial deed) after verifying all necessary paperwork and ensures it is recorded in public records.
The notary is responsible for drawing up the purchase deed and ensuring the transaction complies with Greek law, but does not handle the payment transfer, which remains the buyer's responsibility. Greek notaries do not hold escrow accounts and are not permitted to receive purchase amounts; instead, payments are made directly between the buyer and seller during the notary appointment. Additionally, the lawyer can help register the deeds with the Land Registry and/or the Hellenic Cadastre. Understanding the roles of each professional involved in the property transaction ensures a smoother and more efficient home-buying experience in Greece.
Do I Need to Hire a Lawyer to Buy a Home in Greece?
There is no legal obligation to hire a lawyer for your home purchase in Greece, but it is strongly advisable because he/she performs all due diligence checks, coordinates the whole process and guides you from A to Z.
2. The Engineer
The engineer is part of many technical aspects of a property transfer in Greece, including processes related to energy ratings, zoning, and construction permits. The notary coordinates with the seller's engineer and accountant to collect essential certificates for property transactions. Necessary documents for a property purchase in Greece include the due diligence, building ID, tax clearance, and energy certificates. For example, an engineer is necessary when:
Obtaining a Building Permit
If you are being a plot with the intention to build a home, the engineer will perform all checks to make sure that the plot is buildable, that the house is going to be constructed according to building requirements, and meets other local regulations.
Getting an E-ID for a Property Transfer
The “E-ID” (electronic property ID) is an electronic file that includes a variety of information about a property being sold. The E-ID needs to be prepared by a registered engineer and will include information such as construction plans, the building permit, its energy performance, and whether any extensions or alterations have been made to the house. Note that assigning this task to an engineer is the obligation of the seller, who must ensure that all relevant documents are prepared before the signing of the final purchase deed. The engineer will also prepare the topographical diagram and the floorplans of the house which are necessary for an E-ID.
Assigning an Energy Rating
This is relevant to those who already own a home in Greece. Before renting out or selling a property, you are obligated to include an EPC (Energy Performance Certificate) in the rental agreement or purchase deed. For the issuance of an EPC, an inspection is done by a specialized engineer from the Energy Inspectors record.