Building outside the plan

When is it permitted to subdivide and build on a parcel of land?

The partitioning of a parcel of land and its buildability are two different concepts which are not necessarily identical. For land parcels within the plan, the rule is that no subdivision is allowed if the resulting parcels meet the buildability requirements for the area in question.

For off-plan plots the following apply: a) AS A RULE.

LANDS WITH RULES: Land facing international, national, communal, provincial and municipal roads & railway lines FACE: 45 m. DEPTH: 50 m. and Area 4000 sq.m.

b) BY PARKING: Those that have an area of 4000 sq.m. and face a recognized public road with the 176/2023 decision of the Council of State.

When is subdivision prohibited in off-plan areas?

It is forbidden to subdivide properties to a size of less than 1000 m², when they are located within a radius of 500 m from the settlement boundaries (urban perimeter zone). However, this provision applies to old town plans (1923-1983).

It is forbidden to subdivide in the Residential Control Zones (Z.O.E.) below the density limits applicable to each area, e.g. 20 acres for the off-plan area of Attica.

It is prohibited to subdivide below the density limits in areas that have been identified according to the approved General Urban Plan GIS or SPSP of the OTA.

It is forbidden to divide a large area into sections of 4 hectares, if it does not follow that each 4 hectare parcel simultaneously acquires a 25 metre face to a recognised public road. It is not allowed to create roads between them today, because the road must be pre-existing. The public roads to which this provision applies are specific e.g. roads shown on distributions of the Ministry of Agriculture (settlement areas), or beach zones as long as they are landscaped roads, roads constructed by Technical Services of municipalities.

In any case, a deed of community use of the road is necessary.

When is partitioning allowed on land granted by the State?

- Lots granted by the Greek State - by A.L. 431/1968 (Government Gazette 115/A/1968) their subdivision was prohibited until 22-3-2012. Exceptions to this rule have always been:

a) land plots

b) lots for the purpose of building tourist facilities (with a permit from the EOT)

c) lots within a town plan or within the boundaries of settlements

(d) parochial or school lots for the construction of churches or schools

From 22-3-2012 and onwards, the division of plots of land and the addition of deeds of possession for the completion of the statute of limitations on the part of the lot is legally permitted.

According to the above, since Law 4061/2012 cancels Law 431/1968 in its entirety, land parcels are now treated as all land parcels, which can be subdivided into any size and shape without the requirement of integrity (minimum face and area) unless the land parcel falls within a Residential Control Zone (RZZ), GIS or SSEAP where there is a subdivision limit.

In case there is the will to subdivide a plot of land and it is even and buildable for building, it must be ensured that the face and the area cover the requirements arising from the regulations for off-plan building.

Easement over whole plots is permitted from 23-5-1968.

Inheritance over parts of plots of land is permitted a) if the partitions were accepted by validation of anterior deeds from the date of validation onwards and b) partitions made from 22-3-2012 onwards

Confirmation of superior title deeds is permitted up to 22-3-2024 if they relate to allotments by private agreement made before 22-3-2012.

When are parcels of land divided by the opening of a rural road considered independent?

According to a legislative decree of 1923, it was forbidden to create roads and "cut up" fields. Thus, roads created for the transport of agricultural products that existed before 1923 are considered public roads, while roads created after 1923 by private initiative are considered private roads.

However, numerous roads were formed in the 1960s and 1970s and to resolve this issue there was a law that recognised private roads formed up to 1977 to serve adjacent parcels of land. Thus, through the "assimilation" of illegally created private roads with "rural" roads (which are exempt from the prohibition), the parcels of land that were subdivided by the opening of the road in this way are considered self-contained and can be further transferred without any problem.

What happens if the road is planned but not implemented? Does the partition apply and can the parcels created be sold separately?

The mere depiction of a parcel of land on a topographical distribution plan does not constitute a partition, unless the partition is accompanied by a transfer (e.g. sale, donation, parental donation).If a preliminary contract for the sale of the parcels of land was concluded before 1977, then it applies. Otherwise, no transfer can be made of the portions of land that overlooked this road, as depicted in the topographical division plan, and is considered to be urban unitary.

I have a field and I want to divide it to my children even if they don't build. Can I?

In the case where the property is located entirely in an area outside of a planning area, outside of a Settlement Zone and outside of a Settlement Control Zone, then yes it can be subdivided to any size without the right to build.

I have a plot of land within a plan/residential area and I want to divide it and sign it over to my children even if they don't build. Can I?

No. The subdivision and transfer of ownership of land that results in the creation of nonconforming lots is prohibited. In this case you can make a notarial deed of creation of a vertical divided property.

A parcel of land has been divided into three. The subdivision has been done for thirty years without a contract, but they are declared separately in the E9. What happens in this case?

This problem is recurring and can be dealt with using the legal tool of usufruct. In current notarial practice it is common practice to invoke an oracle and simultaneously transfer the property to which it refers. Also, in the declaration of registrable rights in the National Cadastre by invoking the title of usufruct, the property is registered accompanied by an affidavit of two persons.

When does the partition apply when the property is by inheritance?

In the case of inheritance, the time of the deceased's death is taken into account for the time of creation of the land.

What about pre-contracts?

If there is a notarised preliminary agreement under which a final court decision on the transfer of ownership of a plot of land has been issued, the date of transcription of the court decision is considered as the time of subdivision.