Published in Government Gazette A 102/25.6.2026 was the new law 5313/2026 of the Ministry of Finance, with which a significant improvement is made to the legislative framework of the upcoming Property Ownership and Management Registry (M.I.D.A.), which will be a decisive factor for the mass participation of taxpayers and its successful completion.
As POMIDA points out, with an amendment incorporated as article 128, taxpayers are explicitly given the possibility to correct the surfaces of their properties listed in E9, without fines and retroactive charges in case the actual areas of properties declared in MIDA exceed those declared until now.
This regulation will significantly benefit not only hundreds of thousands of property owners who will have the possibility to declare all their assets without the “sword of Damocles” of retroactive charges and fines, but also the State’s tax revenues from 2027 onwards, because if this regulation were absent, these declarations would not be made. It will also be possible to reduce charges against owners who by mistake declared areas larger than the actual ones, when this results from the electronic building identity of their property.
The two basic rules of this regulation are as follows:
According to paragraphs 1 and 3 of article 128 of Law 5313/2026, if the actual surface area of the property exceeds that stated in the final registration at the land registry office or in the title deed or in the building permit or if there has been a change of use of the property, then the owner is obliged to declare in MIDA the larger actual surface area and the actual use of the property. For this upward correction of the property’s surface area, the existence of an electronic building identity or any other formal prerequisite is NOT required, it is sufficient to state the larger area, which constitutes a solemn declaration by the owner. The declaration of the excess area will not entail retroactive ENFIA charges for the differences of the last five years, nor any fine, since, according to the explicit provision of paragraph 5 of article 128 of the law, ENFIA tax for the resulting difference will begin to be charged to the owner from fiscal year 2027 onwards.
It should also be noted that this non-retroactive charge will not cause any appreciable loss of revenue since it is known that today, whoever declares excess area of a property in E9, the AADE software does not impose a retroactive five-year charge for the difference, except only if within five years they request an ENFIA certificate for transfer of the property.
Correspondingly, according to paragraphs 1 and 3 of article 128 of Law 5313/2026, if the actual surface area of the building is smaller than that stated in the final registration at the land registry office or in the title deed or in the building permit, then the owner is entitled to declare in MIDA the actual smaller surface area of the property. However, for this downward correction, the issuance and invocation of an electronic building identity is necessarily required, so that this correction, which will cause a reduction in state revenues, is made on the basis of the area resulting from it. In this case as well, according to paragraph 5 of this article, the declaration of the smaller area will entail a reduction of ENFIA from fiscal year 2027 onwards, without retroactive consequences for the taxpayer.
In this case it is further stipulated that property data declarations submitted during previous years and EN.F.I.A. declarations and assessment acts issued until the entry into force of the new law are not considered inaccurate and sanctions are not imposed, insofar as they concern a building whose actual surface area, as proven by the electronic building identity, is smaller than that stated in the Cadastre, the title deed, or the building permit.
The fivefold increase of the fine is unacceptable
With the same amendment it is provided that if an informational declaration for updating M.I.D.A. regarding the use of a property in the event of its lease or free concession is not submitted by the end of the third month from the start of the lease or concession, a fine of 500 euros is provided (five times the current 100 euros!), with the date of commencement of its imposition from 1 November 2026 onwards, which may be postponed by decision of the Governor of AADE. This fivefold increased fine is judged to be absolutely disproportionate and harsh and should in no case be imposed on taxpayers.
Sufficient deadlines – Information for owners
Given that the start of operation of the M.I.D.A. application will coincide with the period of summer holidays, leave, etc., POMIDA has pointed out to the political leadership of the Ministry and the Governor of AADE Mr. George Pitsilis the need to establish sufficient deadlines for all citizens and their tax consultants. Also, immediately upon the start of its operation, POMIDA will organize an informational seminar for its members with a presentation of the application by the competent AADE officials and answers to all their arising questions.
POMIDA’s proposal – “Seisachtheia” and its background
POMIDA’s proposal and strong request was based on the absolutely successful experience of a similar recent regulation concerning the possibility of declaring undeclared areas to the Municipalities of the country without retroactive charges of municipal fees and TAP. Indeed, in 2019 POMIDA had submitted the same proposal to the then Minister of Interior Mr. Panagiotis Theodorikakos, who accepted it immediately and it was legislated with the provision of article 51 para. 2 of Law 4647/2019 (Government Gazette 204/A). The result of its implementation exceeded every expectation:
In the four times that the special KEDE platform opened successively during the years 2020-2022, 2,600,000 owners declared approximately 60,000,000 undeclared square meters of buildings and plots, but also completely undeclared properties, for the future imposition of municipal fees and TAP!!! A solution that was a real “Seisachtheia” for citizens and lifesaving for the regular revenues of the Municipalities of our country.
Specifically, the content of this provision was as follows:
“Those obliged to submit a declaration for determining the surface area and/or the use of property concerning the calculation of taxes, fees and contributions to first-degree local authorities may submit a declaration with the correct data until 31-3-2020, without the imposition of fines for non-submission or submission of an inaccurate declaration. Differences in the corresponding taxes, fees and contributions arising from the declarations of the previous sentence are calculated and owed only from 1.1.2020”.