Corfu Legal Advice
Practice Areas
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Real estate law is our main practice area, providing our clients with specific and clear guidance in every step of a real estate transaction which will lead you to its successful completion. Having an extensive experience in all aspects of the real estate practice, we will assist you to complete your desired transaction in the most efficient way.
The complexity of real estate transactions demands the involvement of other professionals as well (engineers, accountants, notaries) with whom we collaborate to provide you global advice before buying a property.
More and more buyers choose to work with a solicitor that is independent from the seller and from the selling estate agent or developer.
We represent buyers, sellers and developers of residential and commercial properties in the islands of Corfu and Paxos providing the following extended services:
• Preparation of documents required for buying/selling a property in Greece.
• Deliberation of the properties selected with the help of an experienced engineer.
• Due diligence on real estate property title deeds at the competent Land Registries & Cadastral offices for burdens, liens, confiscations, third party rights.
• Appointment of Engineers, Notaries, Accountants & Real Estate Agents.
• Communication with realtors, sellers and/or buyers, notaries, lawyers during the process of the transaction.
• Approval of promissory agreements and negotiation with sellers and their proxies.
• Review of sellers’ deeds and approval if they are satisfactory.
• Review of notarial documents and drafts.
• Attending and representing our clients on the signing of the conveyance agreements (final contracts).
• Provision of oral translation of the deed in English on the date of signatures.
Our services also include all the necessary steps before buying a property such as providing a draft of the power of attorney for all actions related to the property acquisition, issue a Greek Tax Number at the competent authority and all codes required, open a Greek bank account, payment of the transfer property taxes.
When representing the seller, we work with all professionals involved (accountant, engineer, public notary) to prepare the certificates required for the final contract.
After finalizing the final contract, we register it at all competent authorities.
In case you are interested in renting your property, we also draft and sign lease agreements with tenants and we register the lease with the tax authorities
We will be by your side to provide continuous support regarding your case.
Greece is a member of the European Union and the Schengen Zone, which means that every holder of a Greek residence permit can travel visa-free to all the Schengen countries for 90 days every semester.
There are numerous ways to obtain Permanent Residence in Greece. These include indicatively:
– Residence permit for non-EU family member of Greek or other EU citizens,
– Residence permit for financially independent people (FIP),
– Residence permit for students at Greek universities,
– Residence permit for self-employed entrepreneurs,
– Residence permit for non-EU spouse or child (younger than 21) of a non-EU citizen living and working in Greece for two years (family reunification),
– Residence permit for executives, administrators or board members,
– Residence permit for foreign investment etc.
• Residence permit for UK nationals who live in Greece (Withdrawal Agreement)
Among the most interesting, popular and common residence permits are the Golden Visa Program and the FIP (Financially Independent People) permit.
• Golden VISA Greece Program:
Greece currently offers excellent opportunities in the real estate market as prices are low and the investment gives high yield.
One of the most popular ways to obtain a residence permit in Greece is via the “Golden Visa” Program. Greek Immigration Law 4251/2014 (Article 20) has established a new type of residence permit for real estate owners (Golden Visa).
In order to obtain a residence permit for real estate owners, the following preconditions must be fulfilled:
a) The real estate property must be owned by and be in possession of its owners.
b) In cases of joint ownership, where the value of the property is €250.000, the residence permit is only granted if the owners are spouses with undivided ownership of the property. In all other cases of joint ownership, the residence permit is only granted if the amount invested by each of the joint owners is at least €250.000.
c) If the owner has acquired the property through a legal entity, the applicant must own 100% of the company shares.
d) The residence permit is also granted in cases where the third country citizen is the owner, either directly or through a legal entity, of more than one real estate property with a combined value of at least €250.000.
e) In cases where the applicant wants to enter the country with a type D visa, the documented intention to own property should be supported by documentation which prove the financial capacity (e.g., certificate of an A-class certified bank, or other recognized financial institution), which certify the existence of bank accounts or other mobile assets, such as bonds or shares, which can cover the cost of the investment of at least €250.000, and which certify the intention of the applicant to purchase the property (contract with a law firm or with a real estate office).
f) In the case of third country citizens who have signed a lease of at least 10 years for hotel accommodations or furnished tourist residences in integrated tourist resorts, provided the minimum value of the lease is €250.000, the contract must require a single payment of the lease for the equivalent of the ten year leasing of the property. In all cases outlined above, the value of the real estate property will be determined based on the value of the property, or the lease, indicated in the contract of purchase. The value of the property, according to law 4146/2013, is the amount stated explicitly on the contract which has been submitted for the purchase of the real estate property. The objective, or assessed, value of the property is not relevant, unless it corresponds to the amount which was, according to the contract, paid for the sale of the property.
The duration of the residence permit is 5 years and it can be renewed for another 5 years each time, provided that the applicant still owns the property. Also, the members of the investor’s family have the potential to request individual residence permits. For this purpose, they must submit separate applications and their own permit expires at the same date that the investor’s permit expires.
In sum, Non EU citizens owning or purchasing property of a value/price in excess of 250.000 EUR can acquire a valid residence permit in Greece indefinitely, thus gaining access to all Schengen countries.
The supervision of an independent Greek property lawyer when buying property in Greece is extremely important as real estate law in Greece is complex and requires an independent, competent, honest/impartial party to search titles for defects or burdens, supervise, co-draft and approve the process of buying property in Greece. Additionally, we will prepare all the paperwork required as well we will apply on your behalf and receive your residence permit card.
Our extensive experience on the area of Greek Real Estate Law and Investment Migration Law & Procedure will ensure that you will end up with a clean property title and a successful grant of a residence permit (if you also happen to apply for a Schengen Residence Permit in Greece).
I. Residence Permit for Financially Independent People (FIP)
According to article 20 of Law 4251/2014 (Immigration Code), citizens of third countries (non-EU) who are economically independent persons are eligible to obtain a residence permit in Greece if they have sufficient resources at a fixed annual income level to cover their living expenses, without having any work or independent economic or investment activity in Greece (high income pensioners etc.).
In order to grant a residence permit in Greece as a financially independent person, the third-country citizen must apply for a long-term VISA (D) to the Greek Consulate of his place of residence, proving to this end that he/she is able to cover his living expenses in Greece, without having to work or exercise any economic activity. This person may also be accompanied by members of his / her family who are required to submit a separate application for a long-term visa (VISA) to the relevant Greek consular authority.
The amount of money that a third-country citizen wishing to obtain a residence permit in Greece as an economically independent person is required to have monthly amounts to EUR 2,000.00, which is increased by 20% for the spouse and by 15% for each child he/she wishes to bring with him/her in Greece. The existence of this amount is evidenced by elements such as proof of pension benefits or bank account statements. In addition to supporting documents proving the existence of sufficient financial resources in accordance with the above, the third-country citizen must also provide proof that he has full medical and hospitalization coverage during his stay in Greece (i.e a private insurance contract) or a certificate stating that he/she has filed an application with an insurance institution.
Upon receipt of the entry visa (type D) and entry into Greece, the third-country citizen is obliged to submit a request to the competent Authority of Aliens and Immigrants of the decentralized Authority for the issue of a residence permit. The residence permit for economically independent persons lasts for two (2) years and can be renewed every three years. This type of residence permit does not provide access to the labor market in Greece.
Our Law Office will advise and represent you in your best interest and according to your special conditions when handling the transfer of a property upon death (including internationally) and in the drafting of tailor-made last wills and testaments.
Inheritance disputes.
Heirs may have to defend against claims for statutory shares and testamentary gifts. Claims may also be asserted against them from initially unknown creditors of the testator so that at least the heirs’ own assets need to be protected. We defend against such claims and assert such claims, both out of court and in court. We support co-heirs in the administration and the dissolution of the community of heirs.
Structuring during lifetime.
In order to minimize inheritance disputes we design tax-optimized successor models for you. Last wills and testaments, inheritance agreements and assignment agreements during lifetime need to take individual circumstances in consideration and require tailor-made solutions. The order of executions of a will which we carry out as well is able to assure the execution of the last will. The full and complete provision advice also includes the drafting of living wills and durable powers of lawyer where standard templates are not an option and which need to be individualized, in particular for entrepreneurs.
International inheritance law
Due to the particular mobility of numerous clients, international inheritance law keeps gaining in importance. Even assets in Greece may be subject to foreign jurisdiction or vice versa. We provide legal advice to our clients on the passing of property both before and after death.
Family law has a wide ambit as it involves areas such as family disputes at all levels, involving divorce, division of marital assets, alimony and child support as well parental care and custody disputes divorce, paternity, family law issues that involve multiple jurisdictions divorce, adoption and others.
Our Law Office represents clients in general civil litigation, as well as in resolution of disputes regarding contracts, civil negligence, protection of (immobile and mobile) property, fraud cases and generally cases related to civil law.
We also provide legal services on arbitration and mediation cases of civil and commercial nature at any stage of a court case.
One of the founders of the legal office, Mrs Elissavet Dellarta is also a forensic graphologist – inscribed as the sole forensic graphologist at the records of the Court of Corfu.
Forensic graphology is the science which examines if a document is original or forged. More specifically it studies the history of a document and the way of its preparation.
According to forensic graphology, a document is every mean which bears handwriting, signature or printed writing. A document can be created either by mechanic ways such as computers, printers, typewriters or by hand or with both ways.
The Forensic Graphologist will apply Professional and technical methods which are Internationally Recognized, scientifically supported and accepted by the court, to examine the forensic document and the comparative documents to pinpoint the graphological treats which will allow their comparative analysis.
Usual documents to be examined
Wills, cheques, contracts, private agreements and generally every document which bears handwriting or signature.
Real estate law is our main practice area, providing our clients with specific and clear guidance in every step of a real estate transaction which will lead you to its successful completion. Having an extensive experience in all aspects of the real estate practice, we will assist you to complete your desired transaction in the most efficient way.
The complexity of real estate transactions demands the involvement of other professionals as well (engineers, accountants, notaries) with whom we collaborate to provide you global advice before buying a property.
More and more buyers choose to work with a solicitor that is independent from the seller and from the selling estate agent or developer.
We represent buyers, sellers and developers of residential and commercial properties in the islands of Corfu and Paxos providing the following extended services:
• Preparation of documents required for buying/selling a property in Greece.
• Deliberation of the properties selected with the help of an experienced engineer.
• Due diligence on real estate property title deeds at the competent Land Registries & Cadastral offices for burdens, liens, confiscations, third party rights.
• Appointment of Engineers, Notaries, Accountants & Real Estate Agents.
• Communication with realtors, sellers and/or buyers, notaries, lawyers during the process of the transaction.
• Approval of promissory agreements and negotiation with sellers and their proxies.
• Review of sellers’ deeds and approval if they are satisfactory.
• Review of notarial documents and drafts.
• Attending and representing our clients on the signing of the conveyance agreements (final contracts).
• Provision of oral translation of the deed in English on the date of signatures.
Our services also include all the necessary steps before buying a property such as providing a draft of the power of attorney for all actions related to the property acquisition, issue a Greek Tax Number at the competent authority and all codes required, open a Greek bank account, payment of the transfer property taxes.
When representing the seller, we work with all professionals involved (accountant, engineer, public notary) to prepare the certificates required for the final contract.
After finalizing the final contract, we register it at all competent authorities.
In case you are interested in renting your property, we also draft and sign lease agreements with tenants and we register the lease with the tax authorities
We will be by your side to provide continuous support regarding your case.
Greece is a member of the European Union and the Schengen Zone, which means that every holder of a Greek residence permit can travel visa-free to all the Schengen countries for 90 days every semester.
There are numerous ways to obtain Permanent Residence in Greece. These include indicatively:
– Residence permit for non-EU family member of Greek or other EU citizens,
– Residence permit for financially independent people (FIP),
– Residence permit for students at Greek universities,
– Residence permit for self-employed entrepreneurs,
– Residence permit for non-EU spouse or child (younger than 21) of a non-EU citizen living and working in Greece for two years (family reunification),
– Residence permit for executives, administrators or board members,
– Residence permit for foreign investment etc.
• Residence permit for UK nationals who live in Greece (Withdrawal Agreement)
Among the most interesting, popular and common residence permits are the Golden Visa Program and the FIP (Financially Independent People) permit.
• Golden VISA Greece Program:
Greece currently offers excellent opportunities in the real estate market as prices are low and the investment gives high yield.
One of the most popular ways to obtain a residence permit in Greece is via the “Golden Visa” Program. Greek Immigration Law 4251/2014 (Article 20) has established a new type of residence permit for real estate owners (Golden Visa).
In order to obtain a residence permit for real estate owners, the following preconditions must be fulfilled:
a) The real estate property must be owned by and be in possession of its owners.
b) In cases of joint ownership, where the value of the property is €250.000, the residence permit is only granted if the owners are spouses with undivided ownership of the property. In all other cases of joint ownership, the residence permit is only granted if the amount invested by each of the joint owners is at least €250.000.
c) If the owner has acquired the property through a legal entity, the applicant must own 100% of the company shares.
d) The residence permit is also granted in cases where the third country citizen is the owner, either directly or through a legal entity, of more than one real estate property with a combined value of at least €250.000.
e) In cases where the applicant wants to enter the country with a type D visa, the documented intention to own property should be supported by documentation which prove the financial capacity (e.g., certificate of an A-class certified bank, or other recognized financial institution), which certify the existence of bank accounts or other mobile assets, such as bonds or shares, which can cover the cost of the investment of at least €250.000, and which certify the intention of the applicant to purchase the property (contract with a law firm or with a real estate office).
f) In the case of third country citizens who have signed a lease of at least 10 years for hotel accommodations or furnished tourist residences in integrated tourist resorts, provided the minimum value of the lease is €250.000, the contract must require a single payment of the lease for the equivalent of the ten year leasing of the property. In all cases outlined above, the value of the real estate property will be determined based on the value of the property, or the lease, indicated in the contract of purchase. The value of the property, according to law 4146/2013, is the amount stated explicitly on the contract which has been submitted for the purchase of the real estate property. The objective, or assessed, value of the property is not relevant, unless it corresponds to the amount which was, according to the contract, paid for the sale of the property.
The duration of the residence permit is 5 years and it can be renewed for another 5 years each time, provided that the applicant still owns the property. Also, the members of the investor’s family have the potential to request individual residence permits. For this purpose, they must submit separate applications and their own permit expires at the same date that the investor’s permit expires.
In sum, Non EU citizens owning or purchasing property of a value/price in excess of 250.000 EUR can acquire a valid residence permit in Greece indefinitely, thus gaining access to all Schengen countries.
The supervision of an independent Greek property lawyer when buying property in Greece is extremely important as real estate law in Greece is complex and requires an independent, competent, honest/impartial party to search titles for defects or burdens, supervise, co-draft and approve the process of buying property in Greece. Additionally, we will prepare all the paperwork required as well we will apply on your behalf and receive your residence permit card.
Our extensive experience on the area of Greek Real Estate Law and Investment Migration Law & Procedure will ensure that you will end up with a clean property title and a successful grant of a residence permit (if you also happen to apply for a Schengen Residence Permit in Greece).
I. Residence Permit for Financially Independent People (FIP)
According to article 20 of Law 4251/2014 (Immigration Code), citizens of third countries (non-EU) who are economically independent persons are eligible to obtain a residence permit in Greece if they have sufficient resources at a fixed annual income level to cover their living expenses, without having any work or independent economic or investment activity in Greece (high income pensioners etc.).
In order to grant a residence permit in Greece as a financially independent person, the third-country citizen must apply for a long-term VISA (D) to the Greek Consulate of his place of residence, proving to this end that he/she is able to cover his living expenses in Greece, without having to work or exercise any economic activity. This person may also be accompanied by members of his / her family who are required to submit a separate application for a long-term visa (VISA) to the relevant Greek consular authority.
The amount of money that a third-country citizen wishing to obtain a residence permit in Greece as an economically independent person is required to have monthly amounts to EUR 2,000.00, which is increased by 20% for the spouse and by 15% for each child he/she wishes to bring with him/her in Greece. The existence of this amount is evidenced by elements such as proof of pension benefits or bank account statements. In addition to supporting documents proving the existence of sufficient financial resources in accordance with the above, the third-country citizen must also provide proof that he has full medical and hospitalization coverage during his stay in Greece (i.e a private insurance contract) or a certificate stating that he/she has filed an application with an insurance institution.
Upon receipt of the entry visa (type D) and entry into Greece, the third-country citizen is obliged to submit a request to the competent Authority of Aliens and Immigrants of the decentralized Authority for the issue of a residence permit. The residence permit for economically independent persons lasts for two (2) years and can be renewed every three years. This type of residence permit does not provide access to the labor market in Greece.
Our Law Office will advise and represent you in your best interest and according to your special conditions when handling the transfer of a property upon death (including internationally) and in the drafting of tailor-made last wills and testaments.
Inheritance disputes.
Heirs may have to defend against claims for statutory shares and testamentary gifts. Claims may also be asserted against them from initially unknown creditors of the testator so that at least the heirs’ own assets need to be protected. We defend against such claims and assert such claims, both out of court and in court. We support co-heirs in the administration and the dissolution of the community of heirs.
Structuring during lifetime.
In order to minimize inheritance disputes we design tax-optimized successor models for you. Last wills and testaments, inheritance agreements and assignment agreements during lifetime need to take individual circumstances in consideration and require tailor-made solutions. The order of executions of a will which we carry out as well is able to assure the execution of the last will. The full and complete provision advice also includes the drafting of living wills and durable powers of lawyer where standard templates are not an option and which need to be individualized, in particular for entrepreneurs.
International inheritance law
Due to the particular mobility of numerous clients, international inheritance law keeps gaining in importance. Even assets in Greece may be subject to foreign jurisdiction or vice versa. We provide legal advice to our clients on the passing of property both before and after death.
Family law has a wide ambit as it involves areas such as family disputes at all levels, involving divorce, division of marital assets, alimony and child support as well parental care and custody disputes divorce, paternity, family law issues that involve multiple jurisdictions divorce, adoption and others.
Our Law Office represents clients in general civil litigation, as well as in resolution of disputes regarding contracts, civil negligence, protection of (immobile and mobile) property, fraud cases and generally cases related to civil law.
We also provide legal services on arbitration and mediation cases of civil and commercial nature at any stage of a court case.
One of the founders of the legal office, Mrs Elissavet Dellarta is also a forensic graphologist – inscribed as the sole forensic graphologist at the records of the Court of Corfu.
Forensic graphology is the science which examines if a document is original or forged. More specifically it studies the history of a document and the way of its preparation.
According to forensic graphology, a document is every mean which bears handwriting, signature or printed writing. A document can be created either by mechanic ways such as computers, printers, typewriters or by hand or with both ways.
The Forensic Graphologist will apply Professional and technical methods which are Internationally Recognized, scientifically supported and accepted by the court, to examine the forensic document and the comparative documents to pinpoint the graphological treats which will allow their comparative analysis.
Usual documents to be examined
Wills, cheques, contracts, private agreements and generally every document which bears handwriting or signature.
Corfu Lawyer
ELISSAVET DELLARTA
Elissavet Dellarta is a Court of Appeal Lawyer and she is a member of the Corfu Bar Association since 2006. Furthermore she is a Forensic Handwriting Examiner and an accredited mediator. She is also Honorary Consul of Czech Republic since 2019.
She attended the Law Scholl of the «Aristotles University of Thessaloniki», Greece. She carried out her Postgraduate Studies in Public Law, University Pegaso, Italy. She has studied Forensic Graphology amd Questioned Documents in Cambridge School of Graphology, University Pegaso and American Institute of Applied Science. She has also been accredited Mediator and she is enlisted in the Mediators official list of the Ministry of Justice. She has been a member of the Greek Institute of Valuation and she has been working with the British Consulate in Corfu for over 13 years. She has been involved in many real estate transactions representing both foreign and domestic clients for the last 15 years. She specializes in real estate law, international inheritance law and civil law. She has been practising law since 2006 representing individuals and legal entities in the courts of all levels.
Languages: English, French, Italian, German
Specialization areas: Real Estate Law, Investor Citizenship, Public Inheritance Law, Civil Law.