Legislation

1. What is the primary legislation governing registration of title in your system?

The basic rules of registration are provided in Chapter 9 of the Third Book (Property Law) of the Civil Code (art. 1192-1208).

The legislation governing the procedure of registration differs depending on whether the Land Registry operates the system of transcription or the cadastral system;

a) The system of transcription is mainly provided for in the decrees 23/1941, 533/1963 and 811/1971 and the laws 153/1967, 325/1976 as they have been modified up to date.

b) The cadastral system which will eventually replace that of transcription is mainly governed by law 2664/1998 which has undergone several legislative modifications up to date.

2. Are there specific rules and forms for registration directly provided for in statute under secondary legislation?

The laws governing registration contain numerous authorisations to the Minister of Justice or/and the Minister of Environment, Energy and Climate Change for the regulation of several procedural issues relating to registration by means of ministerial decisions. Thus, there are numerous rules and details concerning registration provided for in ministerial decisions and not in the applicable law as such.

3. How often do changes arise in property/conveyancing legislation and registration legislation respectively?

Legislative modifications in property legislation are rather rare. On the contrary, the legislation governing registration under the cadastral system has suffered several and severe changes since the adoption of law 2664/1998.