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FAQs

Is the issuance of an Energy Certificate optional for electronic lease agreements? No, the issue of an Energy Performance Certificate (EPC) is mandatory (for properties as provided for by law*. If you have an obligation to issue an Energy Performance Certificate (EPC) for the property you are renting, this must be registered in the relevant fields of the electronic lease (if submitted after 09/11/2015) as required by Article 58 para.3 Law 4342/2015. *No EPC is required for buildings which have an intended use such as: industry, crafts, rural use (excluding residential), workshops, warehouses, car parks, liquid fuel stations. All other properties are subject to an EPC requirement.  NB 1: With regards to renewals of lease agreements for property less than 50 square meters, and for which the lease agreement was registered with the appropriate Tax Office prior to January 1 2016, there is no obligation for the issuance of an EPC.  NB 2: With regards to renewals of lease agreements for property less than 50 square meters, and for which the lease agreement was entered into prior to January 1 2016, there is no obligation for the issuance of an EPC.  The above exemption on the issuance of an EPC for property less than 50 square meters expired on 1/1/2016.     If existing lease agreements are renewed is the issue of an EPC mandatory? The issue of an EPC is mandatory ONLY for new lease agreements and not for renewals of existing contracts (if the date of the initial contract's approval by the relevant Tax Office took place prior to 9/1/2012, for real estate above 50 square meters in size and for which neither the tenant nor square meters of the property has been changed, e.g. after legalizing semi-outdoor spaces of the property which have been made into areas of the dwelling). According to the circular numbered 382/12.1.2012 Renewal or extension of a lease contract is considered to be in the case where the same property is leased to the same tenant regardless of the amount of the rent. If, however, the tenant or square meters of the rental property are changed, this is deemed a new contract and a certificate is therefore required. According to Circular 172335/16.02.2016 for real estate below 50 square meters in size an energy  performance certificate (EPC) is not mandatory if: the date on which the lease agreement, as registered in the ‘Contract date’ field of the Registry of Information on Real Estate Leases, was entered into, is earlier than 1 January 2016 or the date on which the  details are submitted to the Registry of Information on Real Estate Leases, is earlier than 1 January 2016, in the event that no private lease agreement had been drawn up.     For rental properties which have obtained an energy certificate, is it required to re-issue a certificate on every new lease entered into? No, there is no requirement to issue a new EPC. The certificate shall be valid for 10 years from its issue and shall not be required to re-issue for contracts entered into over the 10-year period (unless the property is completely renovated).   When is the issue of an EPC mandatory? The issue of an EPC is mandatory in the following cases: for the leasing of the whole or part of a building (Apartment, Store) regardless of the size of the property;  for every sale and purchase of the whole or part of a building (Apartment, Store) regardless of the size of the property;  upon completion of the construction of each newbuild or wholly renovated building; and for residential buildings to enter the Residential Property Savings program. N.B.  The exception for real estate below 50 sq. meters expired on 1/1/2016.   Are holiday homes exempted from the mandatory issue of EPCs? According to the Circular 2279/22.12.2010 (22/12/2010), holiday homes are not exempt from the obligation to issue an EPC.   Which buildings are exempted from the obligation to issue an EPC? The issue of an EPC shall not be required for buildings with a use such as: agricultural industry property (excluding residential) car parks, storage facilities, petrol stations.   Should the certificate be issued prior to the signing of the lease agreement with the tenant? Yes the certificate should be issued before any agreement is entered into, due to the fact that the EPC protocol number must be written on every private or notarial lease agreement. In accordance with paragraph 3 of Article 14 of the Energy Performance of Buildings Regulation (Greek Government Gazette number 407 B, 2010), ‘In any lease of property, the ECP protocol number shall be indicated in the private or notarial lease agreement. The tax authority shall not take a lease agreement into consideration if it is not presented with the applicable EPC.’   Are there any consequences if my property is of low-energy performance? For real property (licensed before October 2010) there is no impact other than the fact that it reflects its true energy classification.   How are the square meters of the property calculated? The total area of a building is the sum of the square meters of the building as measured in the building permit (according to the plot ration), as well as the square meters of the building that has been legalized or settled under the applicable provisions (e.g. legalizing semi-outdoor spaces). In the case of inter vivos parental conveyance is the issue of an EPC mandatory? According to the ‘Circular for Notaries (26/1/2011)’ ‘Purchases required to issue EPCs do not include distributions, exchanges, etc.’ thus it is not required.   Can I only inspect my apartment or should the entire block be inspected? An energy survey can take place for a single apartment.   For mixed-use buildings (e.g. apartment block with stores) can an energy performance certificate be issued? According to the Circular 1603/4.10.2010 (4/10/2010) ‘In the case of mixed-use buildings, the ECP shall be issued separately for each basic category of use of each part of the building as defined in the Building Regulations (residence, temporary dwelling, business, training, etc.).’   What is the validity period of the ECP? The ECP is valid for ten years, except when a complete renovation of the building before the end of the decade takes place, in which case its validity ends at the end of the renovation work and a new one must be issued.   I bought a property that lists the previous owner as the current owner. In order to lease it, does a new EPC have to be issued in my name? No, a new ECP is not required as the certificate concerns the property and not the persons. According to the ‘Circular for notaries (26/1/2011)’ The ECP is valid for 10 years from its issue and there is no obligation to reissue it for purchase contracts which shall be concluded during the 10-year period (unless it is renovated completely). In the event of continuous sales within its term of validity, the relevant notarial documents shall note the protocol number and security code of the ECP already attached to the first sale contract.   What is the cost of issuing an ECP? The cost for an energy inspection is up to the inspector of choice (and under negotiation). According to the circular with Protocol number 2297 (4/9/2012) the minimum fees for energy inspection services provided are abolished. These fees are now freely determined by the written agreement of the parties in accordance with Article 7 paragraph 1 of Law 3919/2011. Article 10 of the Presidential Decree 100/2010 establishes the minimum fees for conducting an energy survey and issuing an ECP.  Apartments: €2/sq.m (minimum of € 150)  Entire buildings (e.g. apartment block): 1 €/sq.m (minimum 200 €)  Detached house: €1.5/sq.m (minimum 200 €)  Store (maximum 1000 sq m): 2.5 €/sq.m (minimum of € 300)  As of Tuesday 10 April 2018, an energy inspection requires payment of a 5-euro fee for real estate up to 250 sq m, € 10 for real estate from 250 sq m. up to 1000 square meters and 30 euros for real estate over 1,000 sq m. These fees are borne by the debtor (owner) and beneficiary of the ECP and must be issued under his TIN. What are the necessary supporting documents for the issue of the ECP? For buildings built before 1983 (constructed before 14/3/1983) the following documents are required, Copies of Architectural Plans (Building plan), a copy of the submitted details of the property with the Cadastre Office (if a submission has been made). It should be noted that for an Energy inspection to take place it is not required for the owner to have submitted the property details with the Cadastre.  For buildings built after 1983 (constructed after 14/3/1983) the following documents are required, Copies of Architectural Plans (Building plan), a copy of the submitted details of the property with the Cadastre Office (if a submission has been made), Copy of the Building Permit. It should be noted that for an Energy inspection to take place it is not required for the owner to have submitted the property details with the Cadastre.  I want to issue an ECP for an old property (construction before 14/3/1983) but I do not have the supporting documents, what can I do? If you are in possession of the property License Number you may ask the City Planning Office for a copy of the floor plan of the floor on which the property is located and a copy of the Plot Plan (ask other Owners of the building if you do not know the license number). (If Architectural Plans cannot be found, we shall undertake the step-by-step rendering of your property free of charge.) If the property is registered with the Cadastre, the KAEK (National Cadastre Code) or the Protocol Number is required and the Registration and Ownership Code. (see next question)   In the case of apartment blocks or other buildings with multiple properties, which National Cadastre Code (KAEK) will be declared for the issue of the EPC? In the case of apartment blocks or other buildings with multiple properties, any cadastre number from any property of the building may be used when an energy inspection for the issue of an EPC of the entire building takes place. The cadastre number shall be declared only for the purpose of verifying the location of the property, which shall be determined by the first digits of the number relating to the horizontal property of the building.   Is it mandatory to implement the recommendations for improving the energy performance of the property recorded in the energy performance certificate? No, it is not obligatory to implement such recommendations (unless they concern the Residential Property Savings program).   Under whose name is the EPC issued should the owners be more than one? In order to issue an EPC an electronic submission of an application shall be made containing the details of all owners of the property. However, in the paper version of the EPC the name of only one owner is displayed; thus, in the event of an EPC being issued electronically for a property consisting of apartment blocks, all owners' data is provided yet only the details of one owner are stated in the paper form of the certificate and this is usually the name of the owner with the highest ownership percentage or the superintendent. It should be made aware, however, that the Energy Performance Certificate (EPC) comprises the energy identity of the property and accompanies that, therefore the name of the owner is irrelevant. Even if a change of ownership of the property takes place (e.g. sale and purchase) no reissue of an EPC is required.  

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Symbolaia.gr (hereinafter the "Team"), is an interdisciplinary team of lawyers and real estate experts.

Contact info:

Symbolaia.gr

Law Office

Ioannis Panagiotis Christodoulou

Skoufa 71Α Τ.Κ. 10680, Athens

Tel. 210 3610344

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-the material support of its customers / users regarding the services and products available from and through the website and which they have used or purchased.

-they are informed about the legal news.

- Their 24-hour ability to delete any of their data using a simple hyperlink Link that has been sent to them in the relevant e-mail they stated.

The website gives the right to users / members to delete their personal data, to correct and / or update their personal data and / or to deactivate their registration, at any time 24 hours a day, 7 days a week, visiting simply the relevant service of the website through the hyperlink sent to them in the e-mail they stated during their registration.

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Legal Advice - Mandate Agreement.

Our law firm provides services and legal advice as defined in the Bar Code.

Legal advice is given upon signing or acceptance of the relevant legal order contract which is also sent as a copy to the principal. The trustee performs all the procedural acts within the framework of the mandate. The principal has the right to request and receive the payment of the amount of legal advice he did online and free of charge until the completion and sending of the data form for the start of the data processing process by the principal and in any case not beyond the 14th day from his payment calendar (full days) if he has not sent a completed form with the processing data by that time. Otherwise, the order contract is executed or the amount is forfeited as a criminal clause and unproven compensation in favor of the principal in any other case. The order contract is revoked under the conditions mentioned in it, while as for the payment of the amount that has already been made, the immediately preceding ones apply. No withdrawal of order or refund of payment amount explicitly agreed by the parties that it will not take place when the completed form has been sent or when the 14th day has passed from the payment of the amount without the relevant form being sent but the amount has been paid.

The online phone session service

To use the online phone service, you agree to the terms of use and data protection policy.

STEP 1 We call you on a Greek landline or mobile phone which you must have correctly stated on the form.

STEP 2 We make as 3 attempts to call you on the phone you have stated. If we do not find you, we will answer your question via email and try to reschedule a telephone appointment.

STEP 3 We answer your questions, giving you legal advice.

The phone call costs 80.00 euros, plus VAT and can last up to an hour.

For further services, we can offer you and negotiate our fees.

Telephone sessions take place in the afternoon from 12:00 to 19:00 from Monday to Friday

Language of communication: Greek / English

Calls are prohibited from being recorded

Online Services - Credit Card Details

Our office provides electronic services for a fee, and the possibility of using a credit card. Our office has chosen the safest ways to pay for a service that is available for a fee. Specifically, it enables the user to transfer the amount of the charge directly to a bank account of the office or to use his debit or credit card through the special trading platform.

In both cases the user is obliged in order to complete the transaction to enter either in a payment environment with inaccessible security systems of the bank of his choice or in the inaccessible security system. In both cases the transaction and the charge IS NOT MADE IN THE ENVIRONMENT neither of our website, nor of our office nor of the SERVER in which the website is hosted but from an exclusive environment of the banks

Consumer rights - Withdrawal from the order contract - Authenticity of copies you provide us. Online Store Policy

Upon entering the details and paying for the relevant service by you, a private order contract agreement will be sent to you in the e-mail you stated or on our website under the service. With this order you assign to our office the order to process the specific service that you purchased online. If you do not reply electronically or by telephone or do not accept this order within 14 days then you are tacitly accepted. The same happens if during the same period you use these services by filing from our office or from a third party lawyer of your choice of the relevant petition or send us the relevant documents that we requested for the completion of our work. In case you do not agree with the specific order contract within the same period of time then you cancel the order or non-order, in which case the amount you paid will be returned in full within the same deadline. If this period has elapsed and you still do not wish to continue the order then you will be refunded the amount you paid less the management costs of the purchase and any costs we have incurred on your behalf. If a promissory note has been issued or a fee has been issued in favor of the public, or a court stamp or inventory fee or any fee or tax or fee, this amount is deducted from the refund of your deposit in any case, because these fees are not canceled and their use is for specific purposes only. In case a document is issued in case of refund of the amount, a credit invoice will be issued, and in case of withholding of expenses a document will be issued only in the amount of the refund. Finally, the order will not be executed until you have provided us with all the documents we need to prepare the service you have chosen. By sending the relevant documents to our office, you unreservedly accept and confess about the authenticity of the documents you handle us and that these are exact copies of the originals that you have at your disposal. Our office has absolutely no ability to check the authenticity and disclaims any responsibility for your unknowingly using any forged and manipulated documents by you.

Applicable law and other terms

The above terms and conditions of use of Symbolaia.gr, as well as any modification thereof, are governed and supplemented by Greek law, the law of the European Union and the relevant international treaties. The Courts of the city of Athens become competent for any dispute that may arise from the interpretation or application of this.

PERSONAL DATA PROTECTION INFORMATION

(according to Regulation 2016/679, hereinafter: GDPR)

PROCESSING MANAGER

LAW OFFICE Ioannis P. Christodoulou

ADRESS: 71Α Skoufa Street,10680 Athens

E-mail: info@symbolaia.gr, Tel.0030 210-3618697, Fax:0030 210 - 3632865

 

COLLECTION AND PROCESSING OF PERSONAL DATA - PURPOSE OF THE PROCESSING:

By entrusting your case to us, we collect the following information:

• Name

•Address

• E-mail address

• Telephone number (landline and mobile)

•VAT NUMBER

• Information on the basis of your claim and / or on the defense of your case

The above information constitutes personal data, according to Regulation 2016/679 (Article 4 No. 1), which stipulates that personal data is any information concerning an identified or identifiable natural person ("data subject").

The collection of this information is necessary in order to verify the identity of our principal, to contact you, to issue the relevant documents, to represent you before the Courts, and, possibly, in order to claim our remuneration.

The processing of your personal data is done for the execution of the order and the conduct of the case that you have assigned to us, and is based on the provision of article 6 par. 1 lit. β΄ GDPR, as it is necessary for the fulfillment of the obligations deriving from the mandate contract

The retention period of your personal data is five (5) years after the end of the order, according to article 37 lit. i of the Code of Conduct for the Legal Profession, but may be extended in accordance with tax legislation or until the limitation of any claims.

TRANSMISSION OF PERSONAL DATA TO THIRD PARTIES

We do not transfer your personal data to third parties, unless it is necessary for the execution of the order. Specifically, your personal information is disclosed to the other party or parties and to his / her attorney, as well as to courts and other public authorities, in order to defend your case. Third parties to whom your personal data is transmitted in this way are not entitled to use it for other purposes.

Along with the protection of your personal data, the legal secrecy also applies, which we observe, not only during, but also after the end of the case or the revocation of the order by our client.

RIGHTS OF THE DATA SUBJECT

You have the following rights, according to the GDPR:

• Right of access to data: You have the right to request a right of access to your personal data, in accordance with Article 15 GIP. With the access request you can find out about the purposes of the processing, the relevant categories of personal data, the recipients to whom the data were communicated or will be communicated, the period for which they will be stored, the existence of a right to correct or delete data or restriction of their processing or right to object to processing, information on the origin of data and the existence of automated decision-making, including profiling and information on the logic followed.

• Right of correction: You have the right to request the correction of inaccurate data as well as the completion of incomplete data concerning you, in accordance with Article 16 GDPR.

• Right to restrict processing: You have the right to request a restriction on the processing of your personal data, subject to the provisions of Article 18 of the GDPR.

• Right to object to the processing: You have the right to object to the processing of your data at any time and for reasons related to your particular situation, to the processing of personal data concerning you, when it is based on Article 6 (1) (e). GDPR.

• Right to be forgotten: When you no longer wish to have your personal data processed and retained, you have the right to request its deletion, provided that the data is not kept for a specific legal and declared purpose, in accordance with Article 17 GDPR.

• Right to data portability: You have the right to receive or request the transfer of your data, in machine readable form, from us to another controller, if you so wish, in accordance with Article 20 GIP.

To exercise your above rights, you can contact us, in writing, by sending a postal letter to the address: info@symbolaia.gr

You also have the right to complain to the Personal Data Protection Authority, in writing (Kifissias 1-3, PC 115 23, Athens) or electronically (www.dpa.gr).

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