Building identity

What applies to transfers, declared and undeclared arbitrary buildings

In which Acts the Building Identity Card is mandatory. How does a building with newly constructed buildings obtain an electronic identity card? What applies to horizontal properties (apartments, offices, shops) that have been built differently from the planning authority's plans. Why an Electronic Identity is made on plots and parcels of land without a building. What is being done with wholly arbitrary and for properties with large arbitrariness that have not had time to be "settled".

In recent years a new framework has been developed for the registration and monitoring of properties. The compilation of the Cadastre, the electronic way of issuing building permits with the e-adeies system and the introduction of the compulsory compilation of the Electronic Identity of the Building for each transfer have contributed to this.

With this systematic registration of real estate, the state is creating a permanent system for monitoring construction and changes to existing buildings throughout their lifetime, in order to put an end to new arbitrariness and to protect the property of citizens.

As for the owners of arbitrary properties, who in the previous period entered the settlement regulation with any law, they should be aware that the process is considered complete only when the property owner has completed the Electronic Identity of his property.

That is, failure to issue the Electronic Identity is tantamount to not settling the arbitrary property. Therefore, owners of arbitrary buildings should immediately contact a competent engineer for the preparation of the Electronic Identity of their building.

-In which Acts is the Building Identity mandatory?

-In contracts of purchase and sale, parental provision, donation, etc.

-Building permits for renovation, addition, change of use, etc.

-Funded programmes (Execonomo, NSRF, etc.)

-Business licences

-Loan agreements with banks

-How does a building with recent arbitrary buildings obtain an electronic identity?

In any case, the red line is maintained -which has been accepted by the Council of State- that puts a brake on the settlement of those illegal buildings built after July 27, 2011.

-What should property owners do?

Each owner should contact a private engineer who will support him/her in gathering all the relevant documents that can be found in various services such as: town planning, mortgage office, land registry, etc. With the gathering of all the relevant documents, the property file is created, which will be kept and updated by the competent engineer in case of changes and will be kept by the owner of the property.

-What is the engineer's job?

-The engineer after making the survey of the building checks the property according to the approved plans of the planning authority (if any).

-The inspection concerns the following:

-the legitimacy of the site

-the energy efficiency of the building

-its structural adequacy

-the electromechanical equipment

-What documents and data does the Building Identity File contain?

a) the copy of the building permit of the building, with its revisions,

(b) the drawings accompanying the building permit,

(c) the energy performance certificate of the building or parts thereof,

(d) the construction inspection certificate, if issued,

(e) declarations of compliance with laws suspending the imposition of penalties on unauthorised buildings,

(f) floor plans, which show the building in its actual condition when this is not apparent from the information in points (a), (b) and (e),

(g) the structural vulnerability report and the structural adequacy study, if required,

(h) the millimetre table and the building cost allocation study, if required,

i) the Certificate of Completeness for Electronic Building Identity.

-What applies to apartments and to the transfer of horizontal property in general?

Especially for split ownership, the Electronic Identity includes the following information:

- the stub of the building permit of the building in which the divided property is located, with its revisions,

- the plans accompanying the building permit,

- the energy performance certificate of the divided property,

- the construction inspection certificate, if issued,

- declarations of inclusion in laws suspending the imposition of penalties on arbitrary buildings,

- the floor plans, which show the divided property in its actual state except for common areas,

- the structural vulnerability report,

- the millimetre table and the building cost allocation study, if required,

- the Certificate of Completeness of the Electronic Identity of the Independent Divided Property.

-What applies to horizontal properties (apartments, offices, shops) that have been constructed differently from the plans of the Town Planning Department?

An electronic identity card is drawn up and a transfer can be made with the possibility of unilaterally modifying the composition of the horizontal or vertical property, as well as of the tracks or the areas of exclusive use of these, as regards the surface, the contour and the use of the horizontal or vertical property, as they have been reflected or described in the composition of horizontal/vertical properties, provided that the current actual situation has been created since the time of construction of the building and is reflected in the Electronic Identity Card of the Building or Self-construction.

-Correct floor area measurements

-Sharing with adjacent horizontal properties

-Change of use/integration of semi-outdoor exoteric spaces, including and including a store, in whole or in part.

-Change of use/integration of parts of exclusive use, in whole or in part, in the divided properties to which they have been assigned at the time of constitution, which includes the tracks (outbuildings) of horizontal properties assigned to them.

-Why is electronic identification also required for legal buildings?

The purpose of the electronic identity card, apart from the registration of the property, is to control the way the building is constructed and to monitor it after its completion throughout its lifetime, in order to control its security, its maintenance, as well as to prevent the execution of arbitrary acts of urban planning in the process.

-Why is there an Electronic Identity on plots of land and parcels of land without a building?

With the Electronic Identity, the engineer who made an autopsy certifies that the property is undeveloped, without a building and without any unauthorized structures installed on it. Thus, fences, boreholes, walls, shelters, temporary warehouses and other structures are considered arbitrary which, under certain conditions, must first be settled and then the EID is issued.

-Each time the same property is transferred, will a Building Identity Card be required?

A Building Identity Card is required from 1 January 2021 for property transfers, which means that any transaction that changes the ownership status of a property will need to be preceded by a Building Identity Card, as a declaration must be attached to the contract of transfer of ownership.

In subsequent transfers, the engineer appointed by the owner will issue a Certificate of Completion, which will confirm that there are no unauthorized changes to the property, or that the Building Identity has been updated if a building permit or small-scale works have been issued to carry out works on the property. For new buildings, the Building ID will be issued together with their building permit.

What about wholly arbitrary and for properties with large arbitrary buildings that have not had time to be "sorted out"?

First of all, it should be remembered that, the legalisation procedures for buildings with large arbitrary buildings of Category 5 stopped in October 2020. However, a few months later, new legislation moved "Category 5" buildings to "Category 4" in order to allow them to be declared and developed, while other regulations were promoted to regularise Category 5 buildings managed by banks after auctions, leased out under a leasing contract, transferred to the EBRD, inherited or located in areas declared in 2020 to be in a state of emergency.

For the remaining large arbitrary buildings, which included buildings without a building permit, or those that have exceeded more than 40% of the urban sizes of coverage and building and more than 20% of the permissible height and did not have time to be settled, the Ministry of Environment is preparing a new legislative regulation which "stumbles" in the Council of State, which sets as a condition of demolition of new arbitrary buildings that continue to be built.