The seashore zone is defined by Greek law as the strip of land that is washed by the sea during its greatest and usual wave run-up. It is a natural formation characterized as a common good, meaning it belongs to everyone and cannot be subject to exclusive ownership.
The seashore, together with the beach and the banks of rivers or lakes, is strictly protected by the Constitution and legislation, precisely because it is linked to the natural environment, the protection of the coastline, and the free access of citizens to the sea. For this reason, the seashore is subject to a special legal regime: its use is, in principle, free and common to all, while any private exploitation or construction is subject to strict restrictions and approvals by the competent authorities.
The issue becomes more complex when it comes to properties located near or adjacent to the seashore zone, where delineation is of critical importance. Current legislation provides that in these areas, lower building coefficients apply, and special rules are introduced to safeguard the landscape and coastal ecosystems.
Because of this, the transfer of property is more complicated and involves specific steps. More precisely, the process includes:
Title check: Initial verification of property titles at the Land Registry or Cadastre to confirm the property is legally registered and free of encumbrances or pending claims.
Seashore and beach delineation: It is essential to confirm the boundaries of the seashore. Upon request by the interested parties, the competent authority verifies whether the property falls within the seashore or beach zone. Any existing administrative act of delineation must be taken into account.
Compliance with environmental restrictions: If the transfer is permissible, it must be checked whether there are any environmental obligations, such as the property being part of a protected area (e.g., Natura 2000 network) or other special protection regimes.
Urban planning compliance: If there are buildings, their legality and compliance with coastal building restrictions must be examined. Unauthorized constructions or violations must be settled before the transfer can legally proceed.
Drafting of the deed: The notary drafts the transfer deed (sale, donation, parental gift, etc.), provided that all necessary legality and environmental compliance documents are in order. The deed is then registered in the Cadastre to complete the transfer and grant the new owner full ownership rights.
After completion of the transfer, the new owner has specific obligations arising from the common-use nature of the seashore and beach. Ownership rights are not absolute; they are limited by the need to ensure the free and unobstructed access of the public to the sea.
This means that the owner may not obstruct passage to the seashore, nor erect fences, barriers, or constructions that block its use by citizens. Likewise, any unauthorized intervention in the seashore (e.g., permanent constructions, excavations, or alteration of its natural morphology) is strictly prohibited and subject to penalties.
In conclusion, the transfer of properties located near the seashore is a process of particular legal and practical significance. The seashore is a common good, strictly protected by the Constitution and legislation, which requires property owners and prospective buyers to act with caution and full awareness. From title verification and shoreline delineation to compliance with environmental regulations and obligations ensuring public access, every step is critical to the validity and legality of the transfer.
Timely advice from specialized legal and technical experts is not merely a formality but a substantial safeguard for the protection of both the investment and the natural environment, which constitutes the common heritage of all.
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