Rigorous Legal Due Diligence & Preliminary Sale Agreement

Property Title Audit

⚫︎ Land Registry & Cadastral Investigation:

We conduct thorough investigations at both the competent Land Registry and, where applicable, the Cadastral Office. As a matter of principle for over seventy years, our office conducts audits extending well beyond the standard twenty-year threshold associated with ordinary usucapion. Moreover, despite many regions now being fully integrated into the National Cadastre, we continue conducting a full investigation into Land Registry archives, as any omission by the authorities to transcribe entries from the Land Registry to the Cadastre does not invalidate the original registration. This enables us to offer informed opinions to our clients, especially in future resale scenarios involving detailed legal review or the emergence of claims — whether well-founded or opportunistic.

⚫︎ Verification of Ownership:

Confirming the seller's undisputed ownership of the property.

⚫︎ Investigation of Encumbrances:

Identifying any legal burdens or claims on the property, such as mortgages, prenotations of mortgage, attachments or seizures, rights-of-way, leases, or expropriations. The mere existence of such encumbrances does not, in itself, preclude the conveyance, but each must be properly identified and addressed.

⚫︎ Rectification:

If any discrepancies or issues are identified, our office advises on necessary rectification measures or negotiates appropriate clauses within the purchase Notarial Deed.

Urban Planning and Building Legality Check

⚫︎ Building Permit Audit:

Verification of the legitimacy of the building permit(s) issued for the property's construction or any subsequent renovations.

⚫︎ Compliance with Urban Planning Laws:

Ensuring the property's structural dimensions, use, and layout comply with current urban planning regulations, zoning laws, and building coefficients.

⚫︎ Energy Performance Certificate (EPC):

Verification of the property's mandatory, current, valid EPC.

⚫︎ Legislation 4495/2017 Compliance:

Confirmation that the property has no unauthorised constructions or alterations, or that any such irregularities have been legally regularised under relevant legislation. An authorised engineer's certificate of legality is required for the transfer, specifically confirming the absence of illegal constructions or their proper regularisation.

⚫︎ Independent Technical Validation:

While we thoroughly review all technical documentation issued by the seller's appointed engineer, there are cases where an independent technical assessment by a civil engineer or surveyor appointed by the client is not only prudent but also critical. This applies particularly to undeveloped plots, properties situated on large parcels with historically variable boundaries, constructions with incomplete or undocumented renovations, and locations subject to strict zoning constraints.

Tax Due Diligence

⚫︎ Property Tax Clearance:

Verification that the seller has fulfilled all relevant property tax obligations (e.g., ENFIA).

⚫︎ (No) Debt Certificate:

Obtaining a certificate from the Tax Office and, where applicable, from the Social Security Fund, confirming that the seller has no outstanding debts that could impede the transaction. The mere existence of debt does not necessarily preclude the sale, but early disclosure is essential to assess the viability of the agreement.

Other Checks

⚫︎ Archaeological Service Clearance:

For properties in areas of archaeological interest, obtaining necessary clearances.

⚫︎ Forestry Authority Clearance:

For properties in rural or forested areas, confirming compliance with forestry legislation.

⚫︎ Communal and Utility Charges:

For properties that are part of a condominium or complex, checking for any outstanding communal charges as well as verifying all utilities are paid prior to execution of the notarial deed.

The findings from this process are typically consolidated into a Legal Opinion, where appropriate, offering our clients clear insight into the property's legal status and any associated risks. This Legal Opinion ultimately informs our professional recommendation on whether — and how — to proceed.