The Role of Notaries and Lawyers in Greek Property Purchases

Table of Contents

1. Introduction
2. Understanding the Greek Property Market
3. The Importance of Notaries in Greek Property Transactions
4. The Role of Lawyers in Greek Property Purchases
5. Key Differences Between Notaries and Lawyers
6. The Property Purchase Process in Greece
7. Legal Documents Required for Property Purchases
8. Common Challenges in Greek Property Transactions
9. Benefits of Hiring Both a Notary and a Lawyer
10. Tips for Choosing the Right Notary and Lawyer
11. Conclusion
12. FAQs

1. Introduction

Purchasing property in Greece can be an exciting and rewarding experience, whether you’re looking for a vacation home, an investment opportunity, or a permanent residence. However, navigating the Greek property market and legal system can be complex, especially for foreign buyers. This is where the roles of notaries and lawyers become crucial in ensuring a smooth and legally compliant property transaction.

In this comprehensive guide, we will explore the vital roles that notaries and lawyers play in Greek property purchases. We’ll delve into their specific responsibilities, the key differences between these professionals, and how they work together to protect your interests throughout the property acquisition process. By understanding the importance of these legal experts, you’ll be better equipped to make informed decisions and avoid potential pitfalls when buying property in Greece.

2. Understanding the Greek Property Market

Before diving into the roles of notaries and lawyers, it’s essential to have a basic understanding of the Greek property market. Greece has been an attractive destination for foreign property buyers for decades, thanks to its stunning landscapes, rich history, and Mediterranean lifestyle. The market has experienced fluctuations over the years, particularly during the economic crisis of the late 2000s and early 2010s. However, it has shown signs of recovery and growth in recent years.

The Greek property market offers a diverse range of options, from traditional village houses and apartments to luxurious villas and beachfront properties. Popular areas for foreign buyers include the Greek islands, coastal regions, and major cities like Athens and Thessaloniki. It’s important to note that property laws and regulations in Greece can differ from those in other countries, which is why the expertise of notaries and lawyers is invaluable.

3. The Importance of Notaries in Greek Property Transactions

Notaries play a central role in Greek property transactions, and their involvement is mandatory by law. In Greece, notaries are highly trained legal professionals who act as impartial third parties in property deals. Their primary responsibility is to ensure that all legal requirements are met and that the transaction is carried out in accordance with Greek law.

3.1 Key Responsibilities of Notaries

The main duties of a notary in a Greek property purchase include:

• Drafting and authenticating the property purchase agreement
• Verifying the identities of all parties involved in the transaction
• Ensuring that all necessary documents are in order and legally valid
• Calculating and collecting property transfer taxes
• Registering the property transfer with the relevant authorities
• Issuing the final deed of sale (συμβόλαιο)

Notaries are responsible for conducting thorough checks on the property’s legal status, including verifying ownership, checking for any encumbrances or mortgages, and ensuring that the property complies with local zoning and building regulations. This due diligence is crucial in protecting the buyer’s interests and preventing potential legal issues in the future.

4. The Role of Lawyers in Greek Property Purchases

While notaries are mandatory in Greek property transactions, hiring a lawyer is not legally required. However, engaging the services of a qualified lawyer can provide additional protection and peace of mind, especially for foreign buyers who may be unfamiliar with Greek property laws and procedures.

4.1 Key Responsibilities of Lawyers

The primary roles of a lawyer in a Greek property purchase include:

• Conducting independent legal checks on the property
• Reviewing and explaining all legal documents in detail
• Negotiating contract terms on behalf of the buyer
• Advising on tax implications and potential legal issues
• Assisting with obtaining necessary permits and certificates
• Representing the buyer’s interests throughout the transaction

A lawyer can provide valuable insights into the local property market and help you navigate any complexities that may arise during the purchase process. They can also offer guidance on related matters such as inheritance laws, property management, and rental regulations if you plan to use the property as an investment.

5. Key Differences Between Notaries and Lawyers

While both notaries and lawyers are legal professionals involved in property transactions, there are some key differences in their roles and responsibilities:

• Impartiality: Notaries are required to remain impartial and act in the interests of all parties involved in the transaction. Lawyers, on the other hand, represent the specific interests of their client (usually the buyer).
• Mandatory involvement: The presence of a notary is legally required in Greek property transactions, while hiring a lawyer is optional but highly recommended.
• Scope of services: Notaries focus primarily on the legal aspects of the property transfer, while lawyers can provide broader legal advice and representation.
• Document preparation: Notaries are responsible for drafting and authenticating the final purchase agreement, while lawyers typically review and advise on contract terms.
• Fee structure: Notary fees are typically regulated and based on the property’s value, while lawyer fees can vary and are often negotiable.

6. The Property Purchase Process in Greece

Understanding the property purchase process in Greece is essential for buyers to appreciate the roles of notaries and lawyers at each stage. The typical steps involved in a Greek property purchase are:

1. Property search and selection
2. Engaging a lawyer (recommended)
3. Preliminary legal checks
4. Negotiation and agreement on purchase terms
5. Signing a preliminary contract (προσύμφωνο)
6. Obtaining a Greek Tax Registration Number (AFM)
7. Opening a Greek bank account
8. Conducting full legal and technical due diligence
9. Preparing for the final contract
10. Signing the final purchase agreement (συμβόλαιο) before a notary
11. Payment of property transfer taxes and fees
12. Registration of the property transfer

Throughout this process, the notary and lawyer work in tandem to ensure that all legal requirements are met and the buyer’s interests are protected.

7. Legal Documents Required for Property Purchases

Several important legal documents are involved in Greek property transactions. Both notaries and lawyers play crucial roles in preparing, reviewing, and authenticating these documents:

• Property ownership title (τίτλος ιδιοκτησίας)
• Topographic diagram (τοπογραφικό διάγραμμα)
• Building permit (άδεια οικοδομής)
• Energy Performance Certificate (Πιστοποιητικό Ενεργειακής Απόδοσης)
• Tax clearance certificate (φορολογική ενημερότητα)
• Certificate of non-existence of urban planning violations (βεβαίωση μη ύπαρξης αυθαιρέτων)
• Preliminary contract (προσύμφωνο)
• Final purchase agreement (συμβόλαιο)

The notary is responsible for ensuring that all necessary documents are in order and legally valid, while the lawyer can provide detailed explanations and advice on the contents of these documents.

8. Common Challenges in Greek Property Transactions

Greek property transactions can sometimes present unique challenges, which is why the expertise of notaries and lawyers is invaluable. Some common issues that may arise include:

• Unclear property boundaries or ownership disputes
• Unpaid property taxes or other debts associated with the property
• Illegal construction or unauthorized modifications
• Complications with obtaining necessary permits or certificates
• Issues related to inheritance or multiple owners
• Restrictions on foreign ownership in certain areas
• Language barriers and cultural differences

Notaries and lawyers can help navigate these challenges, providing solutions and ensuring that the property purchase proceeds smoothly and legally.

9. Benefits of Hiring Both a Notary and a Lawyer

While it’s possible to complete a Greek property purchase with only the mandatory involvement of a notary, there are significant benefits to engaging both a notary and a lawyer:

• Comprehensive legal protection: A lawyer can provide an additional layer of due diligence and legal advice beyond the notary’s role.
• Personalized representation: While notaries must remain impartial, lawyers can advocate specifically for the buyer’s interests.
• Language assistance: For foreign buyers, lawyers can provide valuable translation and interpretation services.
• Negotiation support: Lawyers can help negotiate better terms and conditions in the purchase agreement.
• Broader legal advice: Lawyers can offer guidance on related matters such as tax implications, inheritance planning, and property management.
• Problem-solving: If issues arise during the transaction, having both a notary and a lawyer can help resolve problems more efficiently.

10. Tips for Choosing the Right Notary and Lawyer

Selecting the right notary and lawyer is crucial for a successful property purchase in Greece. Here are some tips to help you make the best choice:

• Look for professionals with experience in Greek property law and transactions involving foreign buyers.
• Check their qualifications and memberships in relevant professional associations.
• Seek recommendations from other foreign property owners or reputable real estate agents.
• Ensure they are fluent in both Greek and your native language to avoid communication issues.
• Discuss fees upfront and get a clear understanding of the services included.
• Choose professionals who are responsive and willing to explain complex legal concepts in simple terms.
• Consider their location and proximity to the property you’re purchasing for convenience.

11. Conclusion

The roles of notaries and lawyers in Greek property purchases are crucial for ensuring a smooth, legally compliant, and successful transaction. While notaries are mandatory and provide essential services in authenticating and registering property transfers, lawyers offer valuable additional protection and personalized representation for buyers.

By understanding the unique responsibilities of these legal professionals and how they work together, you can navigate the Greek property market with greater confidence. Whether you’re purchasing a vacation home, an investment property, or a permanent residence in Greece, enlisting the services of both a notary and a lawyer can help safeguard your interests and make your property acquisition experience as seamless as possible.

Remember that while the process may seem complex, the right legal support can turn your dream of owning property in Greece into a reality. With careful planning, due diligence, and expert guidance from notaries and lawyers, you can look forward to enjoying your slice of Greek paradise with peace of mind.

12. FAQs

Q1: Is it mandatory to hire both a notary and a lawyer when buying property in Greece?

A1: While hiring a notary is mandatory by law for Greek property transactions, engaging a lawyer is not legally required. However, it is highly recommended, especially for foreign buyers, as lawyers can provide additional protection and personalized representation throughout the purchase process.

Q2: How much do notary and lawyer fees typically cost in Greek property transactions?

A2: Notary fees are generally regulated and based on the property’s value, typically ranging from 1% to 2% of the purchase price. Lawyer fees can vary and are often negotiable, but they usually fall between 0.5% and 1% of the property value. It’s important to discuss fees upfront with both professionals before engaging their services.

Q3: Can I use a notary or lawyer from my home country for a Greek property purchase?

A3: For the notary, you must use a Greek notary as they are the only ones authorized to handle property transactions in Greece. For legal representation, while you can consult with a lawyer from your home country, it’s highly advisable to engage a Greek lawyer or a lawyer with expertise in Greek property law to ensure compliance with local regulations and procedures.

Q4: How long does the property purchase process typically take in Greece?

A4: The timeline for a Greek property purchase can vary depending on various factors, but it generally takes between 1 to 3 months from the initial offer to the final transfer of ownership. This timeframe allows for necessary legal checks, document preparation, and administrative procedures. Complex cases or issues may extend this timeline.

Q5: Are there any restrictions on foreign ownership of property in Greece?

A5: Generally, there are no significant restrictions on foreign ownership of property in Greece for EU citizens. Non-EU citizens may face some limitations, particularly in border areas or islands for national security reasons. In these cases, special permits may be required. Your notary and lawyer can provide guidance on any applicable restrictions based on your specific situation and the property’s location.

Article reviewed by Devon Bergnaum, Residential Property Consultant | Helping Clients Find Dream Homes, on March 1, 2025