The process of correcting errors in the land registry becomes digital
An amendment voted as an article of the draft law of the Ministry of Finance for the incorporation of Directive (EU) 2019/878 and Directive (EU) 2019/879 defines the new procedure for examining applications for correction of errors in cadastral registrations.
The new procedure in detail
The amendment seeks to simplify and speed up the submission and
examination of correction requests. The new process emerged after
consultation with all stakeholders and comes on the one hand to improve
the times and mechanisms of examination of applications and on the other
hand to create legal certainty for the owners and the transactions
around the properties.
In fact, in order to avoid another setback in the proceedings, the new regulations apply to those areas where the examination of correction requests has not yet begun (ie areas where posting took place after May 2020). In this way the overall operation of the Land Registry is upgraded.
1. The proposed regulation re-enables citizens to appeal to the Second Instance Cases Committees, whether the report of the Cadastral Office suggests the acceptance or rejection of the request for correction. Under the current regime, this possibility existed only in cases of positive feedback. Of course, a necessary condition for the exercise of this right in case of a positive suggestion is that the rights of third parties are violated, otherwise recourse to a secondary committee becomes irrelevant.
2. Furthermore, in accordance with the provisions of the amendment to be voted, the entire process of filing, examination and in general monitoring of the progress of correction requests is digitized and conducted through gov.gr. This greatly facilitates property owners in areas far from their home, but also all the professionals involved in the process. Of course, anyone who wishes can still submit correction requests in person at the cadastral offices.
3. Finally, the amendment explicitly regulates another very important issue, that of the publication of the reports issued by the Cadastral Offices. The current regime proved to be unclear in this regard and for this reason the proposed regulation makes it mandatory to post these reports on the website of the Hellenic Land Registry, thus strengthening the transparency valves. Thus, the citizen will be informed about these posts by relevant announcements of the Agency, which is obliged to provide specialized information on how to be informed of any affected third parties or to submit opposing views of the applicant.
In accordance with the provisions of the amendment, the requests for correction are examined by the Cadastral Office.
For each application, the Cadastral Office prepares a report, which must contain a reason for its acceptance or rejection. By decision of the Board. of the Hellenic Land Registry, the reports are posted on its website and the duration of the posting, the manner and conditions of access and any technical or other details for the application of this are determined.
In the case of applications concerning the correction of geometrical elements of plots outside the "boundary regulation zone" and either divisive or cumulative outside the "acceptable deviation" or the replacement in the cadastral tables, in whole or in part, of full or partial ownership or At the request of another beneficiary, the applicants for the correction shall be informed, under the supervision of the Cadastral Office, of the forthcoming posting of the report concerning them, the deadline for submitting documents to the contrary and the consequences of the failure to submit.
Applicants can then:
In case of total or partial rejection of the request for correction, to submit in writing and reasoned their opposing views, providing relevant information, within an exclusive period of thirty days from the date of publication of the report. Within the same exclusive period, under the supervision of the applicant, the submitted application, the report drawn up on it and the opposing views must be notified to every third affected owner by any appropriate means.
In case of full or partial acceptance of the request for correction, the applicant shall, within an exclusive period of thirty days from the posting of the report, by any appropriate means, to any third affected owner, the submitted application and the report drawn up on it.
The third affected owners also have a deadline of thirty days, the
start of which is determined by a decision of the Board. of the Land
Registry and is published on its website, either to submit in writing
and reasoned their opposing views, providing relevant information, or to
consent in writing to the revocation of their declaration of
registrable rights or with a relevant statement before the notary or
with a notary on which the authenticity of the signature is certified.
If the above deadline elapses without action, it is considered that the
affected third parties consent to the correction in accordance with the
Written dissenting opinions or written consent are submitted to the Agency through gov.gr.
The request for correction, the report of the Cadastral Office and the opposing views are forwarded from the Land Registry to the Examination Committees. In case no dissenting opinions have been submitted, the Cadastral Office must make the necessary corrections in accordance with the prepared report.
If, prior to the posting of the reports on the Agency's website, the third party concerned has either consented in writing by withdrawing their statement of registrable rights or by making a relevant statement to a notary or by a solemn declaration confirming the authenticity of the signature, has requested the total or partial deletion of his right to the property that concerns the application for correction due to incorrect registration in the provisional cadastral lists, then the application for correction is not forwarded to the Committees and the Cadastral Office makes the necessary corrections.