GREECE Trends and Developments Contributed by: Notis Sardelas, Fay Vetouli and Lydia Dimakopoulou, Sardelas Petsa Law Firm
Sardelas Petsa Law Firm 8, Papadiamantopoulou str. 115 28 Athens Greece
Tel: +30 210 72 96 550 Fax: +30 210 72 96 549 Email: office@sardelaslaw.gr Web: www.sardelaslaw.gr
The legal regime governing real estate in Greece is structured around a combination of constitutional pro - visions, codified private law rules, and a wide array of special statutes addressing specific aspects of prop - erty ownership, transfer, and use. At the highest level, the right to property is enshrined in the Hellenic Constitution, specifically under Article 17, which guarantees protection of ownership and obliges the State to safeguard this right. This constitu - tional guarantee is not merely declaratory; it establish - es a binding principle that informs both legislation and judicial interpretation, ensuring that any restriction on property rights must be justified on grounds of public interest and comply with proportionality principles. The backbone of real estate regulation is the Hellenic Civil Code, particularly the provisions contained in its property law section. The Civil Code defines owner - ship, possession, and other real rights, and sets out the mechanisms by which such rights are created, transferred, or extinguished. It also establishes the legal framework for relationships between neighbour - ing properties, including easements and obligations arising from proximity. However, the Civil Code also operates within a broad - er legislative ecosystem. Procedural aspects relating to enforcement and litigation are governed by the Code of Civil Procedure, while land registration and cadastral matters are regulated by Laws 2308/1995 and 2664/1998. These laws introduced and gradu - ally expanded the modern Cadastre system, which aims to provide a comprehensive and reliable record of property rights across the country.
Additional legislation addresses more specialised are - as. Law 3741/1929 regulates horizontal ownership, a system particularly relevant in urban environments where apartment buildings dominate. This law gov - erns the division of buildings into separate ownership units and the co-ownership of common areas, estab - lishing rules that remain highly relevant in practice. Certain categories of property are subject to distinct legal regimes. For example, real estate owned by reli - gious institutions – particularly those belonging to the Greek Orthodox Church and monastic communities – is governed by specific statutes reflecting historical and institutional considerations. A notable development in modern Greek property law is the reintroduction of the “right of surface” through Law 3986/2011. This right allows private parties to construct and exploit buildings on land owned by the State, effectively separating ownership of the land from ownership of the structure. It has become an important legal tool for large-scale development pro - jects and public-private partnerships. Finally, case law – particularly decisions of higher courts – plays a significant interpretative role. Although Greece does not follow a strict doctrine of binding precedent, judicial decisions are highly persuasive and contribute to the consistent application of legal principles. International Dimensions and Restrictions on Ownership Greek real estate law also incorporates elements of public and international law, particularly in relation to foreign ownership. Law 1982/1990 introduces restric -
293 CHAMBERS.COM
Powered by FlippingBook