The right to ownership in Greece is protected by the Constitution (Article 17), which ensures property rights, subject to compliance with laws, especially those relating to public interest and environmental protection. The Civil Code, particularly Articles 1002 and 1117, forms the foundation of real estate property law, including the division of plots as well as horizontal and vertical ownership. Laws 3741/1929 and 1024/1971 govern the establishment of horizontal and vertical property. Additional regulations are found in the Code of Civil Procedure and Laws 2308/1995 and 2664/1998, which oversee procedures at the Cadastre Offices. Law 1337/1983 introduced measures for regulating construction outside urban planning areas, focusing on environmental protection. Established case law from the Supreme Court and civil courts also plays a key role in shaping property law in Greece.
The key trends in the real estate segment over the past 12 months reflect a more selective but still active market, with continued focus on prime assets and a more differentiated environment in terms of prices, reflecting a concentration in well-located real estate and properties complying with sustainability and energy efficiency standards – elements which have become transaction-critical in investment decisions, pricing and bankability. Rising inflation and interest rates have slowed property sales, increased borrowing costs and reduced affordability. Nevertheless, the Greek real estate market in 2025 recorded transaction values of about EUR19 billion, confirming a very strong market characterised by continued growth, strong demand, and rising prices.
Real estate stakeholders are embracing repurposing offices for residential use, exploring alternative financing, navigating foreclosures, and adapting to shifting interest rates and central bank policies. A more aggregate, front-loaded due diligence approach is increasingly common, with emphasis on early tax review, rectification of legacy irregularities and structuring around execution risk.
Proposals for reform that would make the Greek real estate market more efficient, transparent and attractive to investors could be:
The following are the key property rights that can be acquired in Greece.
The transfer of title is primarily regulated by the Civil Code, which governs property transactions, including sales (Article 513 et seq), gifts (Article 496 et seq) and inheritance (Article 1193), and it is consistent across all property types. The Civil Code outlines the requirements for the validity of the transfer, such as a notarial deed and registration in the Land Registry or Cadastre Office. Payment of real estate transfer tax or inheritance tax is also obligatory for the transfer of title.
Transfer of title may be restricted in border areas, forestry areas, archaeological sites, and coastal and beach zones. There are also environmental restrictions (an energy performance certificate is necessary before the transfer of title).
The lawful transfer of real estate title is executed by virtue of a notarial deed, which must be countersigned by both parties in the presence of a notary public.
The notarial deed must be registered in the local Land Registry or Cadastral Office to establish ownership and provide legal evidence of property rights.
Title insurance is not as common in Greece as it is in some other countries. Buyers typically rely on the Land Registry or Cadastral Office records and often conduct thorough due diligence to verify title and encumbrances before purchase.
Legal due diligence (title search): An on-site search is conducted at the local Land Registry and the Cadastre, if the property is located in an area with an operational Cadastral Office, to verify the property’s title. This includes confirming the title history including the proper transfers by predecessors in title, any encumbrances and any restrictions on property use.
Technical survey: If the property is land or outside urban planning limits, the buyer should hire an engineer to conduct a survey and confirm the property meets construction requirements and any related restrictions. For properties with existing buildings, the buyer should review the building permit to ensure compliance with approved plans and verify that any unauthorised construction has been legalised through proper filings and payment of fines.
Tax due diligence: The buyer must ensure that all taxes related to the property’s acquisition by the seller have been paid before proceeding with the purchase. In case of corporate acquisition, full-scope tax due diligence is conducted on the target entity, including in particular for its qualification for an exemption from the special real estate property tax. This is an annual tax that amounts to 15% of the value of the property under the provisions of Article 15 of Law 3091/2002, which was introduced as a special anti-avoidance tax rule.
This process helps ensure the property is legally sound, meets construction requirements and has no outstanding financial issues.
In commercial real estate transactions, sellers typically provide representations and warranties regarding their authority to sell, their ownership of the property, their compliance with laws, and the absence of encumbrances and other third-party rights in rem or in contract. Seller warranties may also include disclosures about property conditions, such as structural integrity and hazardous materials, as mandated by state laws. Corporate acquisitions include significantly more extensive warranties.
Common buyer remedies for seller misrepresentation include rescission, action for damages, and specific performance, often secured by earnest money deposits.
Seller warranties usually expire within five years.
No liability cap is customary in outright real estate acquisitions, while the cap in share deals is usually set to the transaction value but may vary. W&I insurance is increasingly utilised to mitigate risks in transactions, even in those involving non-operational real estate holding vehicles.
When investing in real estate in Greece, key legal areas to consider include property ownership laws, zoning regulations and due diligence requirements. Investors should be aware of the legal framework governing foreign ownership, as there may be restrictions in certain areas. Tax implications, including transfer taxes and property taxes, are crucial for financial planning. Additionally, understanding contractual obligations in purchase agreements, as well as the implications of the Civil Code on property rights, is essential. Lastly, engaging with local notaries and legal advisers can help navigate the complexities of Greek real estate law effectively.
In Greece, real estate transactions are governed by the Civil Code and environmental laws. Buyers may be liable for existing soil pollution, regardless of causation. Conducting thorough due diligence, including environmental assessments, is essential. Due to varying legal circumstances, buyers should consult legal and environmental professionals before proceeding with transactions.
To determine permitted uses of a parcel of real estate, buyers should review local zoning ordinances, consult the zoning map, and contact the planning or zoning department. Obtaining a title report and consulting a real estate attorney can clarify restrictions. Additionally, entering into development agreements with public authorities can facilitate projects by outlining terms for collaboration and resource allocation, ensuring regulatory compliance, and addressing public interests to streamline the development process.
In Greece, expropriation or compulsory purchase (Law 2882/2001, as amended and in force) is classified into compulsory expropriation, which is done for specific projects such as schools or churches, and urban planning expropriation, which occurs as part of broader urban development, such as creating city plans or opening roads. The procedure aims to promote public interest and typically involves the following steps:
Real estate transactions are subject to several taxes, most notably a 3.09% transfer tax on the property’s assessed value or the purchase price, whichever is higher. The transfer tax is paid by the buyer just before signing the notarial deed, along with the submission of the tax declaration.
In share deals, any income derived from the capital gain on the transfer of the shares is subject to capital gains tax borne by the transferor.
Partial ownership transfers also incur taxes. Specific categories of individuals are eligible for a tax exemption, provided that the property is solely used as their primary residence.
In Greece, there are limited legal restrictions on foreign investors acquiring real estate.
Under Law 1892/1990, as in force, the acquisition of real estate located in designated border areas or military zones by non-EU/EEA investors is subject to prior administrative authorisation; transactions concluded without such approval are void.
In addition, on 11 November 2025, Greece advanced its foreign direct investment (FDI) policy with the issuance of the Joint Ministerial Decision No 64260/2025 (Government Gazette B’ 6009/2025) (the “Ministerial Decision”) which defines the procedure, form, and key documentation required for screening applications under Law 5202/2025 (the “FDI Law”), aligning Greece with the EU framework on FDI control established by Regulation (EU) 2019/452.
In particular, a foreign direct investment (FDI) screening mechanism applies on grounds of security or public order. While this does not directly restrict real estate acquisitions as such, it may be relevant where the acquisition forms part of an investment in a company owning or operating assets in sensitive sectors (including minority interests) as follows:
Accordingly, where a real estate acquisition is linked to such sectors, FDI screening and approval requirements may apply.
Outside these specific cases, there are no general restrictions on foreign ownership of real estate in Greece. It is noted that the issuance of a Greek tax identification number for the acquirer is required to complete an asset transaction.
In Greece, acquisitions of commercial real estate are financed through a variety of channels, including the acquirer’s own equity, traditional bank loans, private equity, real estate investment funds, and corporate debt and bond loans. For larger transactions, joint ventures and more complex financing structures involving syndicated loans are commonly used, particularly when acquiring entire real estate portfolios or companies holding significant real estate assets.
In Greece, commercial real estate investors typically secure financing through various security interests. The most common is a pre-notation of hypothecation or a hypothecation on the property. These encumbrances serve a similar transactional purpose to a common law mortgage, which involves the transfer of legal ownership from the mortgagor to the mortgagee. However, Greek law does not recognise the split between legal and beneficial (equitable) ownership. Thus, hypothecation operates as a charge, whereby the hypothecator retains the encumbered ownership of the real estate property, while the hypothecatee is granted a security interest which does not include a right of foreclosure but rather a claim for judicial sale by auction in case of default.
Other common securities in corporate lending include personal or corporate guarantees, pledges of shares and pledges of claims by way of assignment, including most notably claims arising out of or in connection with bank accounts, lease agreements, management agreements, other real estate operation arrangements and insurance contracts. For development projects, pledges of claims include claims arising under or in connection with construction, operation and maintenance. Additionally, floating charges and subordination agreements are part of security packages.
In Greece, there are no significant restrictions on granting security over real estate to foreign lenders, nor on making repayments to foreign lenders under security documents or loan agreements, as long as the foreign lender complies with Greek property laws. Similarly, there are no restrictions on repayments to foreign lenders, although payments may be subject to withholding taxes and foreign regulations. Exceptions apply to real estate property near the Greek borders, where specific restrictions exist for foreign acquirers.
Granting of Security
The granting of security involves court fees and lawyer fees, registration fees (Land Registry or Cadastral Office), and notarial fees in case the security is granted via notarial deed.
The establishment of the security interests of (i) pre-notation of hypothecation, (ii) hypothecation, (iii) notional pledge and (iv) floating charge are subject to a registration fee at the competent public registry proportional to the secured amount (currently around 0.8%). However, the recently enacted Law 5142/2024 stipulates that the flat and proportional fees will be redefined by virtue of a joint decision by the Ministers of Digital Governance and Economy, following input from the Cadastre.
Specifically, for collateral for bond loans, a flat fee of EUR100 currently applies for each registration of security interests with the relevant public registries.
As regards hypothecation deeds, where a public notary needs to be involved, the notarial fees are in the range of 0.2%–1% of the secured amount. However, if the notarial hypothecation deed is provided as collateral for a bond loan financing, then only a fee amounting to EUR2,500 per deed will apply. With regard to pre-notation of hypothecation, the legal costs for the application and issuance of the court order for each hypothecation pre-notation amount to approximately EUR600, excluding VAT.
Enforcement of Security
The enforcement of security involves notary fees, court fees (if enforcement actions require court proceedings), registration fees (Land Registry or Cadastre Office) and transfer tax, which is calculated as a percentage of the value of the transaction. Legal fees for the services of lawyers in enforcing the security agreements should be considered.
Perfection requirements must be complied with for the valid establishment of a security, mainly involving registrations in the competent Land Registry or Cadastre.
Granting of security by corporate entities in the form of sociétés anonymes is further subject to potential related party transaction approvals and financial assistance restrictions. In particular, a special approval process for related party transactions is provided under Articles 99 to 101 of Law 4548/2018 for sociétés anonymes, which require approvals from the board of directors and potentially from the general meeting of shareholders, which are subject to publication formalities before the execution of the transaction. Financial assistance rules include restrictions on the granting of guarantees or other security interests in favour of purported acquirers or affiliate entities, and whitewash resolutions involve positive corporate benefit assessments.
In Greek banking and finance practice, the priority of claims among a group of lenders or between two separate groups of lenders can be contractually varied by entering into a subordination or intercreditor agreement. This is a common practice in syndicated loans or mezzanine finance structures involving different debt tranches.
Contractual subordination provisions should remain effective in the insolvency of a borrower incorporated in Greece so long as they do not alter the statutory ranking of creditors and do not conflict with mandatory provisions of insolvency law (eg, claims with a general privilege may override contractual subordination).
If the lender takes control of the property (eg, through enforcement of the security and especially by virtue of exercise of step-in rights), they may be considered an “operator” under environmental laws and could be responsible for remediation of contamination. Lenders who take control of real estate can be exposed to environmental liability, especially if they fail to properly manage environmental risks, even if they did not cause the contamination themselves.
In Greece, when a borrower, security provider or guarantor becomes insolvent, lenders may face the following risks:
Digital Transaction Duty is levied on interest-bearing and interest-free loans, as well as all types of credits, including those equated with loans and credit cards, at a rate of 2.4% or 3.6%, with a cap of EUR150,000 per loan. For the sake of clarity, Digital Transaction Duty is not imposed on loan interest, bond loans issued under Law 4548/2018 and bank loans.
Bank loans (other than bond loans) are subject to a levy pursuant to Law 128/1975 which is imposed on credit (rate around 0.6%).
Payments of interest under bond loans are subject to withholding tax, which amounts to 15%. There is no withholding tax for other types of bank credit arrangements.
The hypothecation registration fees under credit facilities are proportional to the secured amount (currently around 0.775% of the secured amount), with the exception of collateral for bond loans, where a significantly advantageous flat fee for each registration of security interests with the relevant public registries applies, which amounts to EUR100. As regards the hypothecation deeds, where a public notary needs to be involved, the notarial fees are in the range of 0.2%–1% of the secured amount. However, if the notarial hypothecation deed is provided as collateral for a bond loan financing, then only a fee amounting to EUR2,500 per deed will apply.
In Greece, according to Article 24 of the Constitution, the spatial restructuring of the country, the planning, development, urban planning, and the expansion of cities and residential areas in general fall under the regulatory authority and control of the State, with the aim of ensuring the functionality and development of settlements and securing the best possible living conditions. Furthermore, land use, development, design, and construction are governed by a comprehensive framework that combines national legislation, regional spatial planning, and local regulatory controls. The primary legislative instrument is the New Building Code (Law 4067/2012, as in force), which establishes the fundamental rules on zoning, land use classifications, building height, density, design standards, materials, and construction safety. This is complemented by the Spatial Planning Law (see indicatively Law 4417/2016, as in force), which introduces a system of regional and local spatial plans aimed at promoting sustainable development and balanced regional growth. Environmental considerations are addressed through the Environmental Protection Law (Law 1650/1986), which requires Environmental Impact Assessments for significant developments, particularly in environmentally sensitive areas.
Additional regulatory controls include the Energy Performance of Buildings Law (Law 4122/2013, as in force), which sets energy efficiency requirements for new and refurbished buildings, as well as various Presidential Decrees that define specific land uses and impose health and safety standards for construction activities. Furthermore, stricter rules apply to developments located near archaeological sites or within protected environmental zones, such as Natura 2000 areas, in order to safeguard cultural heritage and ecological resources. Seismic and fire safety regulations also play a critical role in ensuring the structural integrity and safety of buildings.
Planning is implemented through several types of instruments, including General Urban Plans prepared by municipalities to guide development within cities, Special Zoning Plans that regulate specific areas such as tourism or industrial zones, and Regional Spatial Plans that coordinate land use and infrastructure across broader regions.
The responsibility for administering and enforcing these controls is shared among several authorities. The Ministry of Environment and Energy oversees national spatial planning policy, environmental protection, and regulatory compliance. The Ministry of the Interior supervises local government functions and urban planning frameworks. Local municipalities are responsible for implementing zoning regulations, issuing building permits, and ensuring compliance at the local level, while the Ministry of Culture regulates development in proximity to archaeological sites and cultural heritage areas
In Greece, development rights are obtained through an administrative process that requires compliance with zoning regulations and the acquisition of the necessary permits and approvals. Any new development or major refurbishment project requires a building permit, which is issued by the competent local municipality. Applicants must demonstrate that their project complies with applicable land use designations, urban planning regulations, and technical standards. For large-scale or environmentally sensitive projects, an Environmental Impact Assessment is necessary to evaluate potential effects on the environment and ensure compliance with environmental legislation.
In certain cases, particularly for projects deemed to have strategic importance for the national economy, a special framework under Law 4864/2021, as in force, allows investors to seek approval through a tailored process. If the project is considered to serve the public interest and contribute significantly to economic development, the state may adopt specific legislative measures to facilitate its implementation, including adjustments to land use, building rights, and environmental conditions.
The development process also allows for third-party participation. Neighbours, local stakeholders, and environmental organisations may take part in public consultations and raise objections during the approval procedure. These objections can influence the decision-making process or lead to further review by the authorities.
Decisions issued by administrative authorities, such as the granting of a building permit, may be challenged through legal remedies. The primary mechanism is an annulment application before the competent Administrative Court of Appeal. Such applications must generally be filed within 60 days from the date on which the interested party becomes fully aware of the contested decision. Where the law requires the prior submission of an administrative appeal, failure to follow this step renders any subsequent judicial challenge inadmissible. With regard to the legal interest of third parties in challenging administrative acts related either to building permits or to environmental disputes in general, the case law of the Council of State accepts, in environmental disputes, a broader concept of legal interest, which is based both on the nature of the legal interest being protected and on the revised constitutional provision of Article 24(1)(a), under which environmental protection is recognised as a right of every individual. The enforcement of planning and zoning regulations is carried out by local municipalities, regional authorities, and the Ministry of Environment and Energy. These bodies are empowered to conduct inspections, impose fines, and take corrective measures in cases of non-compliance. Unauthorised developments may be suspended or even demolished, and serious violations can result in criminal liability. Enforcement actions may be initiated through routine inspections, complaints from the public, or judicial proceedings, ensuring that development activities comply with the applicable legal and regulatory framework.
Real estate assets can be acquired by any individual or entity. Foreign entities can acquire rights in rem over Greek real estate provided that they have acquired a tax identification number. The exploitation of real estate is mostly made via limited liability entities. The main types of entities are the société anonyme (S.A.), which is a company limited by shares, and the private company, which is also a limited liability entity. Real estate mutual funds and REICs also exist, which are governed by the special legal framework of Law 5193/2025.
The shareholders of a société anonyme and the partners of a private company are not liable for any obligation of the company, which is a distinct legal person that carries its assets and liabilities separately from its members. The contribution of real estate property in exchange for the issuance of shares of a société anonyme or share parts of a private company requires its prior independent valuation to protect its creditors from overvaluation. In the event that the transfer of the real estate property is made in the context of the incorporation of the entity in the form of contribution in kind of any part of the initial capital, the incorporation must be made via a notarial deed by virtue of which both the incorporation of the entity and the transfer of the real estate property are consummated. The corporate income tax for both sociétés anonymes and private companies is equal to 22% on taxable profits, and a withholding dividend tax of 5% applies to any dividend distribution subject to exemptions for intragroup dividend distributions and distributions to foreign entities domiciled in jurisdictions with which the Hellenic Republic has signed a double taxation avoidance agreement.
The split between legal and beneficial ownership is not recognised under Greek law and real estate investment trusts do not exist, but Greek tax law recognises foreign trusts as legal entities without separate legal personality. In addition, Law 2778/1999, as amended and in force, sets out the special legal framework for real estate mutual funds and REICs, which are both institutions licensed by the Hellenic Capital Markets Commission.
REICs operate in the form of sociétés anonymes, but are governed by the special legal framework of Chapter E of Law 5193/2025 (Articles 40 to 60). A REIC is a société anonyme with the sole purpose of acquiring and managing real estate. REICs are institutional entities, and their lawful operation requires the obtaining of a licence from the Capital Market Commission. In order to grant an operating licence, the Capital Market Commission evaluates the technical and financial resources of the company, the reliability and experience of the members of the management team with particular focus in the sector of real estate, and the development and exploitation of real estate, as well as the suitability of the persons who hold, directly or indirectly, a qualifying participation to ensure the sound management of the company, as well as the existence of corporate governance rules. Within two years from the issuance of its license as a real estate investment company, its shares must be listed on a regulated market based in Greece, while the deadline may be extended by an additional period of up to 36 months by Capital Markets Commission upon application of the company. At the time of submission of the application for the listing or its shares in a regulated market, and upon the lapse of three years from its incorporation, the REIC’s share capital must be invested at least 50% in real estate. Subsequently, the REIC is subject to the supervision of the Capital Market Commission both as a listed company bound by the relevant regulatory provisions and with regard to compliance with the specific applicable legislative framework.
Real estate mutual funds have not been particularly popular in Greece, but REICs have gained significant popularity due to their special tax treatment and other tax incentives, particularly for foreign investors. In particular:
Following the introduction of Law 5193/2025, the eligible investments of REICs expanded to include, inter alia, the exploitation and management of real estate for the purpose of commercial profit or any other benefit, for any residential, industrial, commercial or other purpose, including, but not limited to, hotel and general tourist activity, the exploitation of energy production and storage structures from renewable energy sources (RES), the exploitation of parking spaces, marinas, shopping centres or parks or data centres.
The minimum share capital for the establishment of a société anonyme is EUR25,000. The establishment of a private company requires the issuance of at least one share part with a minimum nominal value of EUR1. The corporate capital of the private company may be formed by capital contributions in cash or in kind, non-capital contributions of work, services or other assets not subject to valuation and/or guarantee contributions consisting of an undertaking of liability for obligations of the company vis-à-vis third parties. The minimum required share capital for a société anonyme to be licensed as a REIC was raised to EUR 40 million with the introduction of Law 5193/2025, which must be contributed in full and may consist of contributions in cash and money market instruments, real estate or tradeable instruments that serve the operational needs of the company, as well as shares of companies that invest in or exploit real estate. REICs shall maintain at all times an equity position at least equal to EUR 40 million.
There are no special corporate governance requirements for entities merely from investing in real estate, other than REICs, which are subject to the corporate governance requirement as listed entities. However, entities that have invested in real estate in Greece must ensure compliance with the exemptions from the special real estate property tax, an annual tax which amounts to 15% of the value of the property, under the provisions of Article 15 of Law 3091/2002, which was introduced as a special anti-avoidance tax rule. Listed and other regulated entities including REICs qualify ex lege for the exemption from the obligation to special real estate tax, while business exemptions also apply for certain commercial activities, and other miscellaneous exemptions apply for charitable, cultural, religious and educational causes. The most common exemption is the disclosure exemption, which requires, inter alia, the issuance of Greek tax identification numbers from all individual ultimate beneficial owners of the real estate company regardless of their direct or indirect equity interest and voting rights in the company. By virtue of Decision A. 1089/2023, the disclosure exemption has been extended to legal entities owning Greek real estate held by a foreign trust, provided that the trust is established in a jurisdiction that is not considered a non-cooperative tax jurisdiction.
The annual entity maintenance and accounting compliance costs of entities investing in real estate vary significantly depending on the portfolio of real estate owned by the entity and the type of exploitation (eg, short-term residential lease, long-term commercial lease, direct operation as main or non-main tourist accommodation, etc). Compliance costs are notably higher for REICs, which have the obligation to comply with International Financial Reporting Standards and to publish semi-annual investment sheets of their real estate assets based on valuations of independent valuer accompanied by the report of an auditor or audit firm, while public companies are subject to the legal framework of listed companies, which requires the publication of semi-annual financial statements and other regular financial disclosures.
In Greece, legal arrangements that allow the temporary use of real estate without ownership include contractual arrangements such as lease and sublease agreements, loans for use (gratuitous grant of use), time-sharing, tenancies at will, leases with option to buy, and concessions, as well as limited rights in rem such as servitudes (eg, usufruct or right of habitation). These uses of real estate vary in duration and terms, depending on the agreement and the arrangement type. Each arrangement is governed by specific provisions in the Civil Code.
Here is a summary of the types of leases in Greece:
Commercial/Professional Lease
Short-Term Lease
In general, rents and lease terms can be freely negotiated between the parties.
However, by law, the minimum duration for a commercial lease is set at three years, binding both the lessor and lessee, even if a shorter or indefinite period is agreed. If a lease term exceeds three years, that term applies.
The above also applies to residential leases.
According to Article 96 of Law 5007/2022, as amended and in force, the rent for commercial leases under Presidential Decree 34/1995 can be increased by a maximum of 3% for the period from 1 January 2026 to 31 December 2026, based on the rent of 2025. This rent adjustment rule does not apply where the lessor is:
or
In Greece, typical business premises leases have the following terms:
In Greece, the rent payable in a commercial lease typically does not remain the same throughout the lease term. While the initial rent is often fixed for a set period, it is common for rent to be adjusted during the lease term based on the following:
If a change is agreed in the lease agreement, the change applies automatically without further formalities. If no specific change is provided by the lease agreement, the rent may be adjusted through a subsequent agreement. If no agreement is reached, the rent may be judicially determined.
In Greece, VAT is generally applicable to commercial leases (Article 8 of Law 2859/2000) upon prior agreement by the parties. Landlords may also choose to opt for VAT instead of digital transaction duty (3.6%) on certain commercial properties, especially if they are VAT-registered businesses, so as to reclaim input VAT on expenses related to the property. Short-term leases for tourism purposes may also be subject to VAT. The application of VAT depends on the type of property and lease arrangement. Residential leases are exempt from VAT.
In Greece, aside from rent, tenants may need to pay the following costs at the start of a lease:
These costs can vary based on the lease type and agreement terms.
In Greece, maintenance and repair costs for common areas (eg, parking areas gardens) are typically shared among tenants based on the space they occupy, as outlined in the lease agreement. Alternatively, the landlord may cover these costs, with tenants reimbursing through monthly service charges or common expenses.
In Greece, utilities and telecommunications serving a property with multiple tenants are typically paid for in one of the following ways:
In Greece, the responsibility for real estate taxes relating to rental property typically depends on the lease agreement. However, property taxes (ENFIA) and income tax on rent are generally the landlord’s responsibility, as they are levied on the property owner. In some cases, the lease agreement may require the tenant to cover certain taxes or expenses related to the property, such as special taxes or municipal fees.
In Greece, while the general practice is that the owner insures the property and the tenant is responsible for insuring their contents and business operations, it is ultimately a matter of agreement between the parties, whereby the tenant may be responsible for insuring the property, including both the building’s structure and its contents. During the COVID-19 pandemic, tenants were occasionally able to recover costs through business interruption insurance for office closures and cleaning, though claims were subject to legal disputes and policy exclusions relating to pandemics. The state mandated that affected tenants pay only a portion of their rent (often 40%) for a period of forced closure, with the landlord receiving compensation from the government for the unpaid amount.
Restrictions can be imposed by the landlord on how a tenant uses the real estate via the lease agreement (nature of the business, operating hours, subletting, noise, waste and emissions). Further restrictions may be imposed on property use, by zoning and planning laws, local building codes, fire safety, sanitation, public health regulations and environmental law.
In Greece, tenants may be permitted to alter or improve the real estate, but such changes typically require the landlord’s prior written consent. Conditions that may be imposed include ensuring the alterations comply with local regulations and building regulation, restoring the property to its original state at the end of the lease, and assuming responsibility for costs and liabilities arising from the works. Any changes that affect the structure or appearance of the property may have additional restrictions or requirements.
In Greece, leases for different categories of real estate are governed by specific regulations. For residential leases, the minimum lease duration is three years, with no licensing required (Law 1703/1987, as amended and in force). For commercial leases, the minimum lease duration is three years, with no licensing required (Presidential Decree 34/1995, as amended and in force). Short-term rentals (eg, Airbnb) are typically concluded for up to 59 days, require registration with the tax authorities and are governed by Article 111 of Law 4446/2016. A state/public lease is a contractual arrangement whereby the government rents properties from individuals through an auction process, typically for a minimum duration of 12 years, and is governed by Law 3130/2003.
During the COVID-19 pandemic, the government implemented measures to support affected sectors, including rent reductions or deferrals for industries such as retail and hospitality, as well as financial assistance for businesses facing operational disruptions. Office and industrial tenants also received some rent relief. Additionally, the operation of businesses that were suspended by government order, as part of efforts to limit the spread of COVID-19 and protect public health, were extended for a period equal to the duration of the suspension of their economic activity, as specified in the regulatory acts issued regarding the suspension.
A tenant’s insolvency can lead to several outcomes:
Under Greek law, a tenant does not have the right to remain in a commercial property after the expiry or termination of the lease unless tacit renewal has been agreed beforehand agreed or the landlord permits it. To ensure the tenant vacates the property, clear termination clauses should be included in the lease, and if the tenant refuses to leave, eviction proceedings may be initiated. In the event that the tenant remains, they must pay compensation for the use of the property, along with a penalty if this is contractually agreed, typically as an increase in rent.
Under Greek law, a tenant can assign their leasehold interest or sublease the property, either in whole or in part, only if the landlord agrees or if the lease explicitly permits it. In case of assignment, it is customary that the sublessee is jointly and severally liable with the initial lessee towards the landlord while direct payment from sublessee to landlord may also be provided.
Under Greek law, both landlords and tenants may terminate a lease for various reasons. Common grounds include non-payment of rent, breach of lease terms, expiration of the lease, and force majeure events. Both parties may also agree to terminate the lease early by mutual consent. If the property becomes uninhabitable or is destroyed, the lease can be terminated. Additionally, if the tenant is unable to fulfil their obligations (eg, due to insolvency), the landlord may terminate the lease. Residential leases may have special protections, while commercial leases are governed by specific terms agreed upon by the parties.
In Greece, while a written lease agreement is recommended, it is not a constitutive requirement for validity, provided that the lease is duly declared to the tax authorities.
Furthermore, although there is no mandatory requirement under Greek law to register a long-term commercial lease with the Land Registry or Cadastre for it to be valid between the contracting parties, such registration is necessary to ensure the enforceability of the lease vis-à-vis any successor in title of the lessor in the event of a transfer of ownership of the leased property, following the lapse of nine years from the conclusion of the lease (Article 618 of the Greek Civil Code).
Registration entails additional costs, typically borne by the lessee, including notarial fees for the execution of a notarial lease agreement, as well as Land Registry or Cadastre registration fees, which are calculated on the basis of the total rent payable over the full term of the lease.
As regards taxation, commercial leases are generally subject to digital transaction duty (currently 3.6%), which is, as a matter of law, borne by the lessor. However, in practice, the parties commonly agree contractually for this cost to be assumed by the lessee.
A tenant can be evicted for default before the lease term expires, primarily for non-payment of rent or breach of lease terms. The landlord must first serve a formal notice. If the tenant does not comply, the landlord may file for eviction through summary proceedings, which typically take two to three months, or standard litigation, which can take over a year.
During COVID-19, Greece imposed temporary eviction moratoriums, mainly for affected businesses, but these have now expired. No current restrictions apply, and eviction procedures have returned to pre-pandemic timelines.
In Greece, a commercial lease can be terminated by third parties, such as the government or municipal authorities, in cases of expropriation or public interest projects. Expropriation requires a formal decree and compensation to the landlord, with the process taking months or years if contested. Zoning changes do not affect existing leases. Compensation is typically paid to the landlord, while tenants may claim relocation costs or damages if provided by law or contract. The lease agreement may include specific terms on compensation and early termination in such cases.
If a tenant breaches a commercial lease, the landlord may claim unpaid rent, eviction and damages. Under Greek law, damages are not unlimited; the landlord can recover actual losses, including lost rent for the remaining term, provided that they take reasonable steps to mitigate losses. Penalty clauses for early termination are enforceable if agreed in the lease.
Landlords typically hold security deposits, usually equal to one to three months’ rent, in cash or bank guarantee (letter of credit). The deposit is returned upon lease expiry if no outstanding obligations exist.
The most common pricing structures for construction projects are fixed price (lump sum), cost-plus and unit-price contracts. Fixed price arrangements provide certainty, as the contractor delivers the project at an agreed-upon price regardless of actual costs. Cost-plus contracts reimburse the contractor for actual costs incurred, plus an agreed margin, offering flexibility but limited predictability. Unit-price structures establish fixed rates per unit of work, combining elements of certainty and flexibility, especially for projects where exact quantities are uncertain. The choice depends largely on the project’s complexity, scope clarity, risk allocation preferences and the level of control desired by the parties involved.
Common methods include Design-Bid-Build, Design-Build and Construction Management models. In Design-Bid-Build design, responsibility rests fully with the owner’s architects or engineers, with contractors responsible only for execution. Design-Build assigns both design and construction duties to a single entity, streamlining accountability, reducing disputes and enhancing efficiency. The Construction Management method separates design and construction but involves a construction manager co-ordinating early on, offering greater flexibility and control to the owner. Allocation of responsibilities depends on project complexity, timelines, cost predictability and the owner’s expertise, balancing risk management with clear accountability.
Key contractual devices used to manage construction risk include indemnification clauses, warranties, limitation of liability provisions, and waivers of consequential damages. Indemnifications allocate responsibility by obligating parties to compensate for specified losses. Warranties ensure work quality and performance standards. Limitations of liability cap potential exposure, providing predictability, while waivers exclude recovery for certain indirect damages. However, these provisions are subject to legal constraints, including statutory prohibitions against gross negligence, intentional misconduct or unfair contractual terms. Courts frequently scrutinise such clauses for reasonableness and clarity, ensuring they do not contravene public policy or mandatory laws governing construction contracts.
Schedule-related risks are managed primarily through contractual mechanisms, including milestone deadlines, liquidated damages, bonus incentives and detailed delay provisions. Parties often agree upon liquidated damages, entitling owners to monetary compensation if specified milestones or completion dates are missed, providing predictability and incentivising timely performance. Contracts typically include clear definitions of excusable versus non-excusable delay, force majeure clauses and extension of time provisions. While parties have considerable flexibility in structuring such terms, courts commonly require that liquidated damages provisions represent genuine pre-estimates of loss, rejecting clauses that function as penalties or disproportionately punitive measures.
It is common for project owners to require additional security measures to ensure contractor performance, particularly on high-value or complex projects. Frequently used security devices include performance bonds issued by third-party sureties, letters of credit from financial institutions, parent company guarantees, escrow accounts holding funds pending performance milestones and retention amounts withheld from interim payments. The choice depends on factors such as project complexity, contractor creditworthiness and the owner’s risk tolerance. Such measures provide reassurance and financial protection, but their enforceability and practicality depend on clearly drafted contractual terms and compliance with local legal requirements or market practices.
Contractors and designers commonly have statutory lien rights permitting them to encumber a property if they are not paid for their work. Procedures for recording such liens vary by jurisdiction, typically requiring formal notices and filings within strict deadlines. Owners can remove liens by paying the underlying obligation, negotiating a settlement or contesting validity through legal channels, including court actions or arbitration. Alternatively, owners may post a bond or security to discharge liens pending resolution. Ensuring timely payments and carefully monitoring lien procedures are crucial preventive measures to protect against property encumbrances and associated disputes.
A certificate is issued by the competent urban planning authority confirming that the building has been constructed legally and can therefore be inhabited or used. Prior to the issuance of the certificate, a governmental inspection is carried out confirming compliance with building codes, zoning regulations, fire safety standards, environmental requirements and applicable permit requirements. Failure to secure such a certificate may expose parties to fines, prevent occupancy or trigger liability issues. Procedures and criteria for obtaining certificates vary by jurisdiction, project type and complexity. Owners and contractors commonly co-ordinate closely to ensure timely inspections, compliance documentation and resolution of deficiencies to facilitate smooth occupancy approval.
Pursuant to the provisions of Law 5144/2024 (Greek Law for VAT), VAT is imposed on the supply of goods, provided that this is carried out by means of a transaction made for consideration. The sale or purchase of real estate can qualify as supply of goods for the purposes of VAT, to the extent that it involves the transfer for consideration of the ownership of completed or unfinished buildings or parts thereof before the first occupation by a transferor who carries out, on a regular basis, the aforementioned transactions. The applicable VAT rate is equal to 24% of the taxable value and is payable by the purchaser. No real estate transfer tax is imposed on transactions on which VAT is imposed. By virtue of Article 12 of Law 5246/2025, the application of VAT to the sale of real estate properties under construction can be suspended until 31 December 2026, while any suspensions until 31 December 2025 already granted were extended until 31 December 2026. Transfer taxes shall apply to any transfer of real estate properties not subject to VAT due to such suspension.
In Greece, tax-efficient structures are commonly used to mitigate transfer, recordation and stamp duties on large real estate acquisitions. A key strategy is acquiring properties through share deals rather than asset deals, as transferring shares in a company holding real estate is generally exempt from VAT and real estate transfer tax. Additionally, acquisitions through REICs benefit from preferential tax treatment including exemption from the payment of transfer tax. Mergers, corporate restructurings and contributions of real estate into holding entities under specific tax provisions can also minimise transaction costs by qualifying as tax-neutral reorganisations. Proper structuring ensures compliance while optimising tax efficiency in high-value real estate transactions.
In Greece, businesses occupying commercial premises are subject to municipal taxes, primarily the Municipal Cleaning and Lighting Fee and the Municipal Real Estate Tax (TAP), both collected via electricity bills. Municipal Cleaning and Lighting Fee is based on property size and usage, while TAP is a small percentage of the property’s objective value. Exemptions apply to public buildings, religious institutions and non-profit organisations. Additionally, businesses in special economic zones or involved in public interest activities may benefit from reduced rates or exemptions. Municipalities set rates independently, so tax burdens may vary by location. Proper classification of premises helps optimise tax liabilities.
In Greece, foreign investors are subject to withholding tax on dividends (5%) and interest (15%), subject to double taxation avoidance treaties. Rental income is taxed at progressive rates for individuals, namely 15% (for annual rental income of up to EUR12,000), 25% (for the part of annual rental income exceeding EUR12,000 and up to EUR24,000), 35% (for the part of annual rental income exceeding EUR24,000 and up to EUR35,000) and 45% (for the part of annual rental income exceeding EUR35,000), while corporate income tax of 22% applies to the taxable income of any real estate entity. Capital gains tax on real estate disposals is currently suspended for individuals, but corporate income tax of 22% applies on gains from the disposition of real estate properties by companies.
By virtue of Article 24 of Law 4172/2013 (Greek Income Tax Code), the acquisition cost of real estate property, excluding the acquisition cost for the plot of land on which it has been erected, is deductible from the taxable income of the entity at an annual rate of 4%.
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The legal regime governing real estate in Greece is structured around a combination of constitutional provisions, codified private law rules, and a wide array of special statutes addressing specific aspects of property 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 constitutional guarantee is not merely declaratory; it establishes 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 ownership, 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 neighbouring properties, including easements and obligations arising from proximity.
However, the Civil Code also operates within a broader 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 gradually 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 areas. Law 3741/1929 regulates horizontal ownership, a system particularly relevant in urban environments where apartment buildings dominate. This law governs the division of buildings into separate ownership units and the co-ownership of common areas, establishing rules that remain highly relevant in practice.
Certain categories of property are subject to distinct legal regimes. For example, real estate owned by religious 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 projects 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 restrictions on the acquisition of property in designated border regions and certain islands. These restrictions are primarily motivated by national security concerns.
Under this framework, individuals and legal entities from outside the European Union or the European Free Trade Association are generally prohibited from acquiring property in such areas. Nevertheless, the law provides a mechanism for obtaining special permission. Applicants must submit a request to the competent decentralised administrative authority, clearly stating the intended use of the property and demonstrating that the acquisition does not pose a risk to national interests.
In addition, acquisitions involving privately owned islands are subject to further scrutiny and require authorisation from the Ministry of Defence. This reflects the strategic importance of such properties and the need for careful oversight.
Real Rights over Immovable Property
The principle of numerus clausus
A defining feature of Greek property law is the principle of numerus clausus, which limits the types of real rights that may exist. This principle, summarised in the Civil Code, ensures legal certainty by preventing the creation of novel or atypical property rights through private agreement.
The recognised real rights include the following.
These rights have erga omnes effect, meaning they are enforceable against third parties and not merely between contracting parties.
The “right of surface,” introduced by Law 3986/2011, represents a modern addition to this system. It allows the holder to construct and exploit buildings on public land for a specified period, effectively granting a temporary ownership-like right over the structure.
Land Registration and the Cadastre System
Legal significance of registration
The Greek system of property registration is based on the principle that real rights over immovable property are only effective upon registration. This principle ensures transparency and legal certainty in property transactions.
Registration is required for a wide range of legal acts, including transfers of ownership, establishment of mortgages, inheritance acceptances, and court decisions affecting property rights. Without registration, such acts do not produce legal effects vis-à-vis third parties.
An important corollary of this system is the principle of priority: when multiple rights are registered over the same property, precedence is determined by the order in which they were registered.
Structure and Evolution of the System
Historically, Greece operated a system of local Land Registries, which recorded transactions based on personal indices. Over time, this system has been gradually replaced by the Cadastre, which is based on a property-centred approach and incorporates detailed mapping data.
The transition to a fully operational cadastral system remains ongoing. Once completed, it is expected to enhance legal certainty, reduce disputes, and facilitate investment by providing a reliable and accessible database of property rights.
Proof of Title and Due Diligence
Ownership is typically proven through certificates issued by the competent registry and certified copies of title deeds. However, in practice, legal due diligence conducted by a lawyer is essential. This process involves reviewing registry records to confirm the chain of title, identify encumbrances, and verify the absence of legal defects.
The lawyer’s certification, issued after such due diligence, is widely accepted as evidence of ownership in transactions.
Digitalisation and Modern Developments
Recent years have seen significant progress in the digitalisation of property registration processes. Cadastral Offices now provide electronic services, including online access to records and digital submission of documents. This shift was accelerated by the COVID-19 pandemic, which necessitated remote procedures.
Nevertheless, full digital integration has not yet been achieved across all regions, and traditional Land Registries continue to operate in parallel with more modern systems.
Access to Information
Access to registry records is generally open to professionals involved in real estate transactions. Individuals may access information relating to their own properties through secure digital platforms, while broader access is restricted to authorised users.
Real Estate Transaction
Key participants and their roles
Real estate transactions in Greece involve multiple actors, each contributing to the validity and effectiveness of the process. These include:
The involvement of these professionals reflects the formal and structured nature of property transactions in Greece.
Taxation of Real Estate
Transfer tax and VAT
The transfer of property is generally subject to a tax of 3.09%, calculated on the higher of the market value and the objective tax value. Payment of this tax is a prerequisite for executing the notarial deed.
In certain cases, particularly for newly constructed properties, VAT at a rate of 24% may apply instead of transfer tax. However, this regime has been temporarily suspended under specific conditions.
Capital Gains and Ongoing Tax
Capital gains from the sale of property may be subject to taxation, although the application of such taxes has been temporarily suspended.
Property owners are also subject to recurring annual taxes, which vary depending on the characteristics and value of the property.
Leasing Regimes
Commercial leases
Commercial leases are governed by a flexible framework that allows parties to tailor their agreements while maintaining certain statutory protections. Key features include a minimum duration of three years, provisions for rent adjustment, and rules governing subleasing and maintenance obligations.
Taxation of rental income depends on whether the landlord is an individual or a legal entity, with different regimes applying in each case.
Residential leases
Residential leases are subject to similar principles but are designed to provide greater protection to tenants. The minimum duration is three years, and specific rules govern rent adjustments, termination, and allocation of costs.
Termination procedures are structured to balance the rights of landlords and tenants, with both judicial and expedited mechanisms available.
Public Law, Planning, and Environmental Regulation
Real estate development and use are subject to extensive public law regulation. This includes zoning laws, building regulations, environmental protections, and cultural heritage preservation.
Competent authorities include municipal planning services, forest authorities, and the Ministry of Environment and Energy. Compliance with these regulations is essential for any development project.
Special protections apply to properties of historical or cultural significance, which may be subject to strict limitations on alteration or use.
Climate Policy and Sustainability
Greece participates in European initiatives aimed at reducing greenhouse gas emissions, including the EU Emissions Trading System. National implementation is overseen by the Ministry of Environment and Energy.
In addition, government programs promote energy efficiency in buildings, encouraging renovations that reduce energy consumption and environmental impact. These initiatives are often co-funded by the European Union and reflect broader policy objectives related to sustainability.
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