The Law for the regularization of illegal constructions and unauthorized changes in the use of real estate and horizontal properties in Greece is currently governed by Law No. 4495/17.
All property transfers are now required to be accompanied by an electronic identity and a certification from an engineer, who certifies that the specific property or independent horizontal property is legal, or, if there have been any unauthorized changes in use or illegal construction, these have been regularized under Law No. 4495/2017 or previous legislation.
Additionally, under Law No. 4495/17, it is not permitted to transfer or sell a property that has illegal constructions or uses, nor is it allowed to lease properties such as shops or businesses that require an operational license.
The regularization of illegal constructions is a legal process that involves the declaration of unauthorized constructions and changes in use. The engineer responsible for the project must record the illegal constructions and violations that have taken place on a property. According to Law No. 4495/17, illegal constructions made after July 28, 2011, cannot be regularized.
Upon completion of the process and the payment of the calculated fine, the construction is considered regularized (exempt from demolition), and there is no obligation to pay further fines for the next 30 years from the date of regularization under Law No. 4495/2017. This law also offers the possibility of paying a significantly lower fine compared to the fine that would be imposed in the event of a municipal building inspection.
Five-Year Extension for Property Legalization
The opportunity for the regularization of illegal constructions and uses has been extended until the end of 2025. This extension does not apply to constructions without permits or large-scale illegalities. It is also important to note that the legalization fine increases by 5% annually until 2025.
Required Documentation, Fees, and Costs for Property Legalization
The documents required for the legalization of a property depend on the type of construction, the category of violation, and the characteristics of the property’s location (e.g., zone price). Regarding the fee paid to the Greek government, as defined by Law No. 4495/2017, it amounts to:
- €250 for constructions up to 100 m²
- €500 for constructions from 100 m² to 500 m²
- €1,000 for constructions from 500 m² to 2,000 m²
- €4,000 for constructions from 2,000 m² to 5,000 m²
- €10,000 for constructions over 5,000 m²
Potential Sanctions for Failure to Legalize Property
The process of property legalization is not mandatory. However, if illegal constructions are discovered during an urban planning inspection, sanctions will be imposed. It is entirely at the discretion of the urban planning authorities and other relevant services to carry out inspections to determine whether a property is illegal or not.
It is also their responsibility and authority to decide on the imposition of fines and their amount. In any case, the fines imposed by urban planning authorities are substantially higher than the special fines for regularization under Law No. 4495/2017.
