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The procedure of correction of the Initial registrations before the Cadastre Office

Iason Skouzos & Partners > Practice Areas  > Real Estate  > The procedure of correction of the Initial registrations before the Cadastre Office

The procedure of correction of the Initial registrations before the Cadastre Office

The properties are registered at the Cadastral Office and receive a special code number (called “KAEK”). Any correction of the initial registrations of the property can be performed easily following the administrative procedure of “obvious error” («πρόδηλο σφάλμα») [articles 18 and 20a of Law 2664/1998], with an application to the Head of the Cadastral Office, indicatively for the following cases:

As to the beneficiary:

Erroneous details regarding the beneficiary’s full name, ID number, father’s name, mother’s name, date of birth, etc.

As to the right:

Erroneous details regarding the type of entered right (e.g. full or limited ownership, usufruct, etc.) and / or the ownership reason (e.g. donation, parental benefit, etc.).

As to the ownership title:

Erroneous details regarding the notary deed, judicial decision, administrative act etc. (e.g. document number, details of the issuer / issuing authority etc.), erroneous details regarding the transcription / registration of the title (e.g. Land Registry Office, volume, number, date, etc.).

The procedure:

The correction of an obvious error is performed with filing a standardized form namely the “Application for Obvious Error Correction”, either by the beneficiary or a third party who has a legal interest (e.g. creditor, heir) to the local Cadastral Office.

The procedure is the following:

a) Completion of the printed form with reference of the Hellenic Cadastre Code Number (“KAEK”) of the property/properties; the form includes a full report of the error and a correction application.

b) Filing the application to the local official Cadastral Office. The application must have attached copies of the documents which prove the correct details of the erroneous registration.

The Head of the Cadastral Office is the competent Authority, according to the law provisions, to accept or reject the correction petition and issue the relevant decision. If the Head of the Cadastral Office does not adjudicate the petition within fifteen (15) work days from the application’s filing date or if he/she rejects it, the applicants have the right to have a recourse to the Cadastral Judge within fifteen (15) work days from the expiry of the aforementioned deadline or after they have taken cognizance of the application’s rejection.

Please note that the correction of the initial registrations has an expiration date, which is different for each local Cadastral Office. After the expiration of the deadline mentioned above, the initial registrations become final and they produce an irrefutable presumption, meaning changes in their content are prohibited.