Registration modernization means the registration of real estate, which results from the replacement of an existing registration or registrations with a new registration or registrations, due to a change in real estate (such as if buildings have been built or demolished or drilling has been excavated) and includes registration commonly owned building and commonly owned building units.
Based on the amendments to the Law in 2011, the registration can be updated either at the request of the registered owners (s), or compulsorily by the Director, who can act ex officio, either at the request of the competent Authority, at the request of a person who has an interest in the property, including a mortgage lender or buyer who has submitted the sales document, based on the Law on Sale of Real Estate (Special Execution), no. 81 (I) of 2011.
In case the applicant is the registered owner, the application is submitted by the registered owner, or his / her authorized representative, to any Cadastral Office, regardless of the Province in which the property is located. It must state the reason why the title is requested to be modernized (eg to be based on the plans in use, for registration or deletion of buildings, etc.) and attached to it as the case may be. documents below:
➤Certificate of Registration (the title) of the property.
➤Building permit with the plans and the conditions that accompany it.
➤Certificate of Approval of the building.
➤ Drilling permit with the accompanying plan.
➤ Demolition permit, etc.
Upon submission of the application, the relevant fees are paid.
The examination of such an application always presupposes an on-the-spot investigation in the presence of the applicant and, in several cases, of the President of the Community Council or of the Commonwealth or his representative. Completion time varies depending on the specifics of each case, the accumulated workload and the available staff.
In case the Director proceeds to a forced modernization, then the registered owner or owners are invited, as within 60 days from the day the notice is sent, to either submit the required documents to the Department, for the required modernization of the registration or to give a sufficient reason for its non-modernization. If the owner complies with the Director’s notice, the upgrade process continues with the owner requesting. In case the owner fails to comply with the notice of the Director, or the reason for non-modernization is not considered sufficiently justified, then the Director promotes the process of forced modernization and at the same time, may impose an administrative fine of up to € 10,000 on the owner. When considering a compulsory modernization, the Director may request the owner, or any person with an interest in the property, or any competent authority, to provide any documents, plans, or other information deemed necessary for the consideration of the case.
An important modification regarding the issuance of a modernized title is the possibility of issuing title deeds with notes of irregularities and the issuance of title deeds with prohibitions of voluntary transfer / encumbrance, without this, in any way, meaning the legalization of irregular unauthorized works.
It is noted that, in cases of separation of jointly owned buildings, a separate title deed may be issued for remaining unused development rights (inexhaustible Building Factor)
In all cases of registration modernization the new titles are issued in the name / names of the owner / owners of the original registration, according to a distribution, which is accepted by all.
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