Greek law distinguishes between the contract of sale under the law of obligations and the transaction in rem transferring ownership.
Purchase contract and the transfer of title
Greek law, too, distinguishes between the contract of sale under the law of obligations (the obligatory transaction) and the transaction in rem transferring ownership (the disposition). A parallel to the German principle of abstraction exists, however, only to a limited extent: under Greek law, ownership of a property cannot pass independently of the existence or validity of the underlying obligatory transaction. The validity of the disposition therefore depends unconditionally on a valid legal cause — such as a valid purchase contract or a gift.
The contract is formed by offer and acceptance; the general provisions on the validity of legal transactions and declarations of intent, for example concerning authority to represent a party, must always be examined separately. It must likewise be examined whether the seller is in fact entitled to dispose of the property — a question of particular importance because Greek law does not, to date, recognise good-faith acquisition of real property.
As under German law, both the obligatory transaction and the conveyance require notarial authentication; in practice, both are combined in the same instrument. If the notarial form is not observed, the contract is incurably void — neither the obligatory nor the transaction in rem comes into effect, and not even registration in the land registry can cure this invalidity. Different requirements for a claim therefore also apply in the case of a disposition by a person not entitled to dispose, compared with German law.
Following notarial authentication, the deed must be registered with the land registry or cadastre; only upon this — constitutive — registration does the transfer of ownership take effect. Registration is usually carried out by the lawyer involved, but may also be effected by a third party with a demonstrable legal interest. It is not subject to any time limit.
Conditional (“auflösend bedingt”) transfer of ownership
Irrespective of the agreed purchase price, the tax office sets a so-called objective value (Einheitswert) for every property, which is applied as a minimum amount for taxation purposes. In the past, these objective values sometimes deviated significantly from actual market values and lay well below them; they have since been brought closer into line with actual property values. Where the notarised purchase price exceeds the objective value, the purchase price is applied for taxation purposes; where it is lower, the objective value governs.
In Greek practice, it is customary to make the transfer of ownership subject to the resolutive condition that the purchase price be paid in full. The contract is nevertheless registered in the land registry without reservation. Once payment has been made in full, a notarial declaration of discharge is executed and noted in the land registry or cadastre, permanently removing the resolutive condition.
Preliminary contract and mortgage
Where the final purchase contract cannot be concluded immediately — for example because a financing commitment or an official permit is still pending — both parties often nevertheless wish to obtain certainty that the contract will come into being. For this purpose, the notarial preliminary purchase contract (Prosymfono) is available, by which the parties undertake to conclude the future main contract with content already fixed. Since preliminary contracts concerning land are subject to the same formal requirement as the final contract, they too must be notarised; a deposit is regularly agreed at the same time.
So that the conclusion of the contract can be enforced even if one party refuses to cooperate, it is customary in practice to agree a right of self-contracting: the party that has complied with the contract can complete the conclusion of the contract by way of self-contracting, without having to sue the other party in court for its declaration of intent. Contractual penalties for culpable non-performance, as well as submission to immediate compulsory enforcement, are likewise customary means of security. Deposits can, in addition, be secured by registering a priority notice — a practice used in particular by banks in connection with loans.
Purely private, non-notarised agreements do not have the same effect: the defect of form renders them void, and the compulsory-enforcement remedies described above are not available. At most, they give rise to claims for damages under the law of obligations, but they do not secure the actual acquisition of ownership.
A further security device is the creation of a mortgage (Ypothiki), which corresponds to the German registered security mortgage (Buchhypothek); Greek law does not recognise a land charge (Grundschuld). The mortgage requires a title — generally a notarial declaration of intent by the owner, a notarial contract, or a court judgment — as well as registration in the mortgage register. Once the secured claim falls due, the mortgage creditor may enforce against the property with priority over personal creditors and subordinate creditors holding rights in rem; once an enforcement order has been issued, the instrument creating the mortgage can itself serve directly as an enforcement title. In practice, however, this comparatively cost-intensive instrument is used relatively rarely.
To be distinguished from this is the mortgage priority notice (Prosimiosi Ypothikis, Article 1274 of the Greek Civil Code), which, despite the similar name, does not correspond to the German priority notice (Vormerkung) under section 883 BGB. Whereas the German Vormerkung secures a claim to a future change in rights in rem, the Greek mortgage priority notice is better understood as a reservation of priority ranking, or a conditional mortgage, based on a court order issued in summary proceedings and likewise to be registered in the mortgage register. Unlike under German law, it is therefore not suitable for securing the buyer’s claim to the transfer of ownership.
Adverse possession
Because not all plots have to this day been registered in the land registry or cadastre, and ownership rights have in some cases not been secured by a notarial instrument followed by registration — a situation particularly affecting rural areas — the question of proof of title arises frequently in practice, both in cases of inheritance and of resale. In such cases, the institution of adverse possession can subsequently give rise to a lawful title, provided the statutory requirements are met; the title thereby acquired can then be registered in the land registry or cadastre.
No mandatory legal representation for notarial authentication
Since the reform of Law 4194/2013, legal representation is no longer mandatory when concluding a notarial land purchase contract. The contracting parties may also be represented by a lawyer without being personally present at the authentication — an important simplification for contracting parties living abroad. This requires a corresponding special power of attorney, which can be granted before a notary at the party’s place of residence or at the nearest Greek consulate. Greek notaries do not accept a general power of attorney for such transactions; a special power of attorney tailored to Greek formal requirements is always required.
The broker’s role in concluding the contract
Where the contract is brought about through the intermediation of a broker, the notary must record this in the deed, together with the details of the broker and the agreed commission, in accordance with the statutory requirements. The broker’s entitlement to commission arises upon signature of the obligatory and the transaction in rem agreements. In practice, the broker therefore frequently attends the notarial authentication appointment and usually receives a copy of the agreement transferring ownership; beyond this, no separately codified right to attend is provided for by statute, and the matter is, in the individual case, also governed by the brokerage contract.
FAQ
Greek law distinguishes between the contract of sale (obligatory transaction) and the transfer of ownership (transaction in rem). In practice, both are combined in a single notarial deed. Ownership passes only when the deed is registered with the competent land registry or cadastral office; registration is constitutive.
Only to a very limited extent. Under Greek law, the transfer of ownership depends on a valid legal cause – such as a valid purchase contract or gift. If the underlying contract is invalid, ownership does not pass.
No. Greek law does not recognise good-faith acquisition of real property. It is therefore essential to check carefully before the purchase whether the seller is actually the owner and entitled to dispose of the property – by means of a land registry or cadastral search.
The contract is void and this cannot be cured – neither the contract of sale nor the transfer of ownership takes effect, and even registration in the land registry does not remedy the defect.
Registration is usually carried out by the lawyer involved, but may also be effected by any person with a legitimate interest. Since ownership passes only upon registration, the deed should be filed promptly after signing.
The objective value (antikeimeniki axia) is a minimum value determined by the tax authority for each property on the basis of criteria such as location, size and age. It has been increasingly aligned with market values. If the agreed purchase price is higher than the objective value, the purchase price is taxed; if it is lower, the objective value applies.
In Greek practice, ownership is frequently transferred subject to the resolutive condition that the purchase price is paid in full – especially if instalments have been agreed. The contract is registered without reservation. Once the price has been paid in full, a notarial declaration of discharge (exoflisi) is executed and noted in the land registry or cadastre, which permanently removes the condition. If the price is not paid, ownership reverts to the seller.
If the final purchase contract cannot be concluded immediately – for example because financing or a permit is still pending – the parties can conclude a notarial preliminary contract (prosymfono), in which they undertake to conclude the main contract with content already fixed. Because the main contract requires notarial form, the preliminary contract must also be notarised (Art. 166 Greek Civil Code). A deposit is usually agreed.
In practice, a right of self-contracting is usually agreed: the party that has complied with the contract can complete the main contract alone, without having to sue the other party for its declaration of intent. Contractual penalties and submission to immediate enforcement are also customary.
No. A private agreement is void for lack of form, and the enforcement mechanisms described above are not available. At most, it may give rise to claims for damages, but it does not secure the acquisition of ownership.
Greek law recognises the mortgage (ypothiki), which corresponds to the German registered security mortgage (Buchhypothek). A land charge (Grundschuld) does not exist. In addition, there is the mortgage priority notice (prosimeiosi ypothikis).
A mortgage requires a title – usually a notarial declaration by the owner, a notarial contract or a court judgment – and registration in the mortgage register or cadastre. When the secured claim falls due, the creditor may enforce against the property with priority over personal and subordinate creditors. In practice, the mortgage is used relatively rarely because of its costs.
The mortgage priority notice (Art. 1274 Greek Civil Code) is granted by court order in summary proceedings and registered in the mortgage register. It secures the rank of a future mortgage and can later be converted into a full mortgage. Banks frequently use it to secure loans quickly and at lower cost.
No. Despite the similar name, the Greek mortgage priority notice does not correspond to the German priority notice (Vormerkung) under § 883 BGB. It secures a monetary claim, not the buyer's claim to the transfer of ownership.
Not all plots have been properly registered, and in some cases – particularly in rural areas – ownership was never documented by a notarial deed and registration. This regularly causes problems with proof of title in inheritance and resale cases. If the statutory requirements are met, adverse possession (chrisiktisia) can establish a lawful title, which can then be registered in the land registry or cadastre.
No. Since the reform of Law 4194/2013, the participation of a lawyer is no longer mandatory, and the parties can also be represented by an attorney-in-fact. This requires a special power of attorney tailored to Greek formal requirements, which can be granted before a notary at the place of residence (with apostille) or at a Greek consulate. Greek notaries do not accept general powers of attorney for such transactions.
If the contract was brokered, the notary must record this in the deed together with the broker's details and the agreed commission. The broker's entitlement to commission arises upon conclusion of the purchase contract. Brokers frequently attend the signing appointment, but there is no general statutory right to do so; this is governed by the brokerage contract.
As of June 2026. All information on these pages is provided without guarantee or liability.