o National Cadastre: Expiration of the Original Recordings Correction Period - Legal effects
Deadline for the Municipal District of Dilinata (Argostoli Municipality) and the Municipal District of Kallithea (Prespes Municipality)
1. The deadline for the correction of the original cadastral recordings, according to article 6 par. 2 of L. 2664/1998, as amended by L. 4164/2013, is calculated commencing on the date of the publication of the decision for the entry of each Cadastral office into force in the Government Gazette and is defined as follows:
a)For areas included in the “Old Cadastral Programs” of years 1997-1999 (i.e. before L. 3481/2006 was set into force), the correction deadline is set at twelve (12) years for domestic residents and fourteen (14) years for the Greek State and abroad residents, b)For areas which entered the National Cadastre after L. 3481/2006 was set into force, i.e. included in the “New Cadastral Programs”, which started in 2008, the correction deadline is set at five (5) years for domestic residents and seven (7) years for the Greek State and abroad residents.
2. The finalization of the initial cadastral recordings induces the following legal effects, according to L.2664/1998 (article 7 paragr. 2 and 9):
a)Following the expiry of the exclusive legal deadline for the objection to the initial cadastral recordings, these produce an irrebuttable presumption of their accuracy in favour of these already recorded as beneficiaries, regarding the rights they concern and leading to depreciation of the relevant right in rem of the true beneficiary. b)After an irrebuttable presumption is produced, as mentioned above, no modification due to correction of the original recordings is possible regarding the beneficiaries and the registered rights.
3. If an incorrect original recording has become final, the true beneficiary shall only have a contractual claim against him who is incorrectly stated as beneficiary, i.e. the true beneficiary may claim from him an amount coming up to the equal of the monetary value of his property at the time the irrebuttable presumption has been produced (article 7 par. 2 L. 2664/1998).
He may also claim compensation or the return of the property itself, provided that this has not already been sold.
c) Also, rights related to the property, i.e. mortgages, easements or seizures, which are registered at the records of the Land Registry but have not been transferred to the cadastral records within the legal deadline for correction of the original recordings, are considered as non- existing due to production of an irrebuttable presumption.
d) Properties that are not registered as belonging to a certain person and are registered in the cadastral books as property of an “Unknown Owner” are deemed to be owned by the Greek State as soon as the original recordings become final.
4. Please note that according to the above mentioned, after April 1, 2016, i.e. after the lapse of the 12 - year deadline for correction of the initial recordings by domestic residents having property rights in the Municipal District of Dilinata (former Community of Dilinata) of the Municipality of Argostoli of Kefalonia and in the Kallithea Municipal District (former Community of Kallithea) of the Municipality of Prespes of Florina Prefecture, the above mentioned legal consequences will take place.
o New provisions on the Energy Performance Certificate and the Uncollected Rents
According to the circular nr. DEAF A 1151184 EX 2015/18.11.2015 of the Ministry of Finance:
1. The taxpayers’ right to assign uncollected rents to the State is abolished regarding rents receivable from January 1, 2015 onwards.
2. From 11.09.2015 onwards, lessors shall mandatorily fill in the registration number of the Energy Performance Certificate of their leased property, when submitting Statement with the property lease data in the Taxisnet.
3. Also, according to article 12 of L. 4122/2013, the Energy Performance Certificate is mandatory since January 1, 2016, even for properties of less than 50 m², so as to rent or sell them.
o Events and suggestions
The Athens Concert Hall presents on December 22, 23, 25, 29 & 30, 2015, the ballet “Don Quixote”, the most well-known performance of the historic Moscow Classical Ballet, staged for the first time in Greece.
Together with this illustrious company, leading soloists from the Bolshoi Theatre will also be taking part in the performance.
The Moscow Classical Ballet is among the major state ballet companies of Russia, together with the Bolshoi, the Mariinsky, the Stanislavsky and the Kremlin Ballet. It regularly collaborates with the Mariinsky (Kirov) of Saint Petersburg and the Bolshoi of Moscow.
As a part of such a collaboration between leaders in the world of dance and their first ever appearance in Greece, the Ballet will perform Cervantes’ beautiful story, choreographed by Alexander Gorsky. The leading roles are performed by top soloists and dancers of the Bolshoi. (Athens Concert Hall, Alexandra Trianti Hall, Vas. Sofias Ave. & Kokkali St., 115 21 Athens, Greece).
For more info: http://www.megaron.gr/default.asp?la=2&pid=5&evID=2896