Electronic Building Identity: When is it mandatory and what happens if it is missing?

When is the Electronic Building Identity mandatory?

The Electronic Building Identity is required for inter vivos transfers, such as sales, parental grants, and donations. The simple acceptance of an inheritance and standard leasing do not inherently demand its issuance. Without the mandatory, valid Certificate of Completeness, the notary cannot legally conclude the transfer contract.

For the owner, however, the electronic property identity matters long before the signing. Its preparation demonstrates whether the property presented to the buyer aligns with its technical file. This is where pending issues are identified - issues that can alter the timeline of an agreed sale.

What is the identity and the Certificate of Completeness?

The Electronic Building Identity is the digital file that records the actual condition, permits, and alterations of a property. It is completed and updated by an authorized engineer in the system of the Technical Chamber of Greece. For an apartment, it can concern the independent horizontal property. The Certificate of Completeness is issued through this procedure and verifies the completion of the required data, incorporating the relevant engineer's attestation. The file remains in the registry; the certificate is utilized in the transaction and has a limited validity period.

Property transfer: what is required and which cases differ

Article 83 of Law 4495/2017 addresses the transfer or creation of a right in rem through an inter vivos transaction. Consequently, it covers sales, parental grants, and donations. The simple acceptance of an inheritance does not fall into this category, while standard leasing does not transfer a right in rem.

This does not imply that every property is exempt from the identity until it is sold. Article 55 outlines a separate framework for specific uses, such as educational and healthcare buildings. For a standard existing residence, the transfer is the primary trigger for the obligation, subject to other specialized procedures.

Supporting documents: what the file includes

Depending on the property, the file compiles:

• The building permit, revisions, and approved plans.

• Regularization declarations and their accompanying documents.

• Floor plans of the actual state, where necessary.

• An Energy Performance Certificate, where required.

• A Construction Control Certificate, if issued.

• Structural assessment data, where stipulated.

• A table of property shares and a cost allocation study, as applicable.

For a comprehensive view of the transaction, consult the guide on the expenses and required documents for selling a property.

What is the practical problem?

The immediate obstacle is the absence of a valid Certificate of Completeness for the contract. The substantive problem may emerge earlier, during the on-site inspection and the comparison of the spaces against the plans. An enclosed semi-outdoor space, a storage room used as a bedroom, or an addition by a previous owner may require separate handling. Registering them in the identity does not legalize them.

Similarly, a discrepancy in square meters does not automatically signify an illegality. It must be ascertained whether it stems from measurement, a different description, or an actual alteration. Technical correction, an urban planning procedure, or a title review may be necessary. The engineer assesses the technical aspect and collaborates with the notary regarding the implications for the transfer. The guidelines stipulate recording the actual condition and correcting entries where necessary.

The critical question, therefore, is: "What must be resolved first so the property can be transferred?". The answer determines the preparation time.

When does the process begin and what dictates the timeframe?

Commence before the property enters the market. Gather the available file, commission the inspection, and request a clear list of deficiencies. Subsequently, organize their resolution and coordinate the certificate's issuance with the signing.

A complete file follows a different trajectory than a file with lost plans or pending regularizations.

For the transaction, uncertainty carries a practical cost. A buyer might have a financing or moving deadline and could opt for another property when the wait remains indefinite. Timely preparation allows for more realistic commitments.

Costs

The cost depends on the size and type of the property, the availability of permits and plans, the need for new surveys, and the pending issues that will be uncovered.

Request a distinct breakdown of the work for the identity and the additional actions. If significant regularization is required, it can constitute the largest burden, rendering the identity itself a minor part of the total cost. Without an inspection, however, this ratio cannot be predetermined.

Who handles the process and what happens if the sale is postponed

The owner authorizes the engineer, who undertakes the technical entry and issuance, while the notary reviews the required documents for the deed.

In a sale, preparation is the seller's responsibility, who generally assumes the associated expense, barring an alternative agreement. If the agreement falls through, the digital file remains intact. When a new transaction proceeds, it must be checked whether an update and a new certificate are needed. Engel & Völkers can guide you step by step through this process, ensuring a completely seamless and secure property transfer.