Electronic cadastral real estate certificates available starting today
Electronic cadastral real estate certificates available starting today

Electronic cadastral real estate certificates available starting today

Instructions concerning the process of issuance of a certificate of cadastral real estate (PKA) which is issued exclusively electronically, published by the HELLENIC CADASTRE, starting today 26.4.2021
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RE+D magazine
26.04.2021

Instructions provided by the HELLENIC CADASTRE

 

The service for the issuance of the electronic certificate of cadastral real estate is provided to every natural or legal person through the internet application of the institution at the electronic address https://ktimatologio.gov.gr/ throughout the day.
 
 Logging in in the digital application of electronic submission, in order to apply for the issuance of a cadastral real estate certificate managed by the HELLENIC Cadastral Institution, is done with the codes of taxisnet.
 
After entering the app, the applicant fills in the electronic application form and the reason for the legal use for which the cadastral real estate certificate is intended. The applicant's data is recalled by the system automatically after its entry, through the taxisnet app.
 
For the submitted applications and the issued certificates, systematic completeness and correctness checks are carried out during the execution of the procedure.
 
The issuance of an electronic certificate of a cadastral property is carried out by the Agency, and its issuance is carried out either through the online services of the Agency or through the competent Cadastral Office.
 
The issued certificates are in pdf format and bear the approved electronic time stamp of the Institution, as well as the approved electronic stamp of the Institution. Certificates contain a unique system code to certify their authenticity through an authentication service function.

Following you may find a translation of the announcement:
 
Regarding the drafting of contracts from the beginning of the posting of the temporary cadastral data until the first registrations, art. 5 par. 1 of L.2308 / 1995, as in force, provides for explicit invalidity and par. 3 of the same article prohibits the Mortgagee / Head of the General Assembly to register such an invalid contract. Critical time for presenting the cadastral real estate certificate is, not the time of control by the mortgagor / supervisor, but the time of drafting the contract.
 
If therefore the time of drafting the contract is earlier than the beginning of the period of prohibitions of art. 5 of Law 2308/1995, there is no question of controlling the existence or not of a cadastral real estate certificate. In case cadastral real estate certificates have been issued before the start date of the process of issuing the electronic cadastral real estate certificate, they remain valid. The electronic certificate of cadastral real estate is issued by the Institution, and its payment is made through its online services with the payment of a fixed fee of 5 euros via credit or debit card.
 
If the applicant knows the National Land Registry Code Number (KAEK), the electronic certificate of cadastral property is issued and issued automatically by the online services.
 
In other cases (eg non-posting of the right due to non-establishment of the right or qualification of another, heir of the beneficiary whose right was included in the post, etc.), the applicant addresses the e-mail address of the competent cadastral office to find KAEK and then completes the application and the electronic certificate is issued by the institution.
 
In cases where the applicant is exempted by law from the payment of the fixed fee, the cadastral real estate certificate is issued by the institution and issued by the competent Cadastral Office.
 
On the cadastral real estate certificate is written the National Cadastral Code Number (KAEK) of the real estate that concerns the notarial deed, as this (the real estate) has been cadastralized until the moment of posting the data and contains data from the temporary cadastral diagram of the real estate.
 
In case the notarial deed under preparation concerns divided property, the certificate will concern the divided property.
In case the property for which the issuance of a cadastral property certificate is requested has not been located or has been incorrectly located in the data of the post, then the applicant / s must correctly locate / on the temporary cadastral data and receive the certificate (s) of a cadastral property, in which the Code Number of the National Land Registry (KAEK) will be written, which refers to the correctly located property, which is also described in the notarial deed under preparation.
 
If the located property was mapped within a wider area then a certificate of cadastral property is issued with the Code Number of National Cadastre (KAEK) of the wider area with the data of the corresponding temporary cadastral diagram of the wider area.
 
In no case is a cadastral property certificate issued for an undisclosed property.
 
In particular, according to the provisions of the last paragraph of art. 2 par. 9 of L.2308 / 1995, as in force, during the posting of the cadastral data, it is not allowed to submit a declaration of real right due to the acquisition of extraordinary usufruct, if it concerns a property which was registered in the temporary details of the post as unknown owner.
 
In this case, an objection is required, for the proof of the deposit of which, the Cadastral Office issues, instead of the cadastral real estate certificate, an objection certificate. The objection is served on the Greek State on the penalty of inadmissibility and the proof of this performance jointly after the certificate of submission of the objection, is used for the drafting of contracts, the conduct of trials and the entries in the books kept in the competent mortgage offices.
 
The above provision was introduced in order to exclude the risk that experts after the posting will rush to declare properties with extraordinary use on properties that have been registered in the details of the posting as an unknown owner.
 
According to art. 5 par. 2 of L.2308 / 1995, as in force, from the date of the start of the posting until the first registrations, the discussion before the court of the case is not allowed without presenting the cadastral certificate, which has as its object a right registered in the cadastral books, if the discussion is accelerated by the person liable to submit a statement.

With regard to the conduct of trials, which have as their object the right registered in the cadastral data, the regulation does not distinguish the type of court, nor the jurisdiction, nor the degree, nor the procedure.
 
In any case, in contrast to the contracts for which automatic invalidity is provided in par. 1 of art. 5 of L.2308 / 1995 as in force, in the conduct of trials the non-presentation of a certificate of cadastral real estate is a procedural defect, which can only be checked judicially (by legal means) or to the extent that it concerns precautionary measures with revocation of the decision.
 
Also, according to article 5 par. 3 of the same law, as it is valid from the date of the beginning of the posting until the first registrations “ declaration, if it does not mention that the certificate provided for in paragraph 1 is attached, as well as, if it is not attached to the relevant application to the mortgagor, declaration form (D2) of L.2308 / 1995 and a copy of the deed. If, in accordance with the current legislation, a topographic diagram is attached to the transferable legal deed, a copy of it accompanies this declaration ".