Real estate transfers are freezing – Notaries have decided to abstain for a month

The abstention of notaries from the pension of all kinds real estate transfer transactions (in which the attachment of TAP non-debt certificates is required) and from the preparation and submission of electronic capital tax returns, for the period of one month, ie until 4/5/2022, decided the extraordinary general meeting of the Notarial Association of Athens-Piraeus- Aegean & Dodecanese, which met on Monday.

Notaries request:

a) The immediate suspension and amendment of the provisions of article 19 of L.4915 / 2022 (Government Gazette A ’63 / 24.03.2022) which refer to the ex-officio search by the notary public of the issuance of the non-debt certificates of T.A.P. by the Municipalities of the country, which are required for the drafting of notarial deeds related to the transfer of real estate or the payment of a guarantee to the notary and its return to the Municipalities, in such a way that the notary has no involvement and involvement in the issuance of these certificates, neither by completing any data on platforms nor by guarantees in favor of the municipalities.

b) The parallel possibility of submitting applications for registration of deeds in the Cadastral Offices and in the branches of the Body “Hellenic Cadastre” both electronically and in person and the suspension of the provisions that provide for the mandatory electronic submission of these applications, since there are many problems in the process of electronic registration of a large number of notarial deeds, due to the malfunction of the relevant electronic application and the errors and mistakes that have been registered in the first registrations of the Land Registry.

c) The extension of the operating time of the Athens Mortgage Office, at least until the end of this year, in order to resolve the problems that will arise from its membership in the “Hellenic Land Registry” and

d) The adjustment of notarial rights and the provision of remuneration for the work assigned to them by the recent Laws for the electronic submission of capital tax returns and for the work performed on behalf of the transferors in the transfer contracts.

During the abstention, in exceptional cases, it will be possible to grant permission for the preparation of a real estate transfer deed, only after a unanimous decision of the Board. A new date for convening a general assembly is set at 9.05.2022 for review of issues and decision making.

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