Representation through a power of attorney is possible under Greek law. When properly drafted, a power of attorney allows an investor to authorise a representative to carry out certain legal and administrative actions on their behalf.
There is, however, an important distinction: a power of attorney does not mean that every step can be completed remotely and without conditions. The actions a representative can take depend on the scope of the power of attorney, the practice of the relevant institution and the stage of the Golden Visa application.
For this reason, a power of attorney should be viewed not only as a time-saving document, but also as part of the legal foundation of the purchase process.
Why Use a Power of Attorney When Buying Property in Greece?
Buying property involves more than agreeing a price with the seller.
The process may include:
- Reviewing ownership records
- Preparing contracts
- Completing tax procedures
- Attending notarial procedures
- Managing title or cadastral registration
- Making official applications
Some of these steps may be handled by a representative authorised by the investor.
For example, an investor living in Turkey who wishes to buy an apartment in Athens may authorise a lawyer in Greece to carry out specified official procedures.
According to Greek Ministry of Foreign Affairs consular guidance, a power of attorney can be used for property purchases and sales, legal and administrative matters, tax representation and representation before banks. Greek Ministry of Foreign Affairs: power of attorney guidance
However, the representative can only do what is clearly authorised in the power of attorney. A mandate issued merely for general advice may not be sufficient to sign a property purchase contract.
Should the Power of Attorney Be Prepared in Turkey or Greece?
For investors living in Turkey, where the power of attorney is executed is an important question.
It may be prepared through the competent Greek consular authorities. Alternatively, a document prepared before an authorised Turkish notary may be usable in Greece subject to the required authentication and translation procedures.
The Hague Apostille Convention, to which both Turkey and Greece are parties, is important in allowing suitable official documents to be used in the other country.
However, an apostille alone does not guarantee that the document’s wording is sufficient for the specific transaction in Greece.
For example, a power of attorney prepared in Turkey and properly apostilled may still be considered insufficiently clear by a Greek notary for signing the purchase contract.
The safest approach is for the wording to be prepared or approved first by the Greek lawyer and notary handling the transaction, and then executed through the appropriate method in Turkey.
Why Is the Scope of a Power of Attorney So Important?
The most important element of a property-purchase power of attorney is the limit of the authority given to the representative.
An investor may give limited authority to purchase one specified property. Another investor may want broader authority for reviewing different properties, making official applications and managing the purchase process.
However, broader authority is not always better.
The power of attorney should be clear and carefully limited for matters such as:
- Signing the purchase contract
- Paying the purchase price
- Receiving money
- Making tax applications
- Carrying out other acts relating to the property
For instance, if an investor wants to buy a particular apartment for up to €300,000, giving the representative vague authority to carry out transactions beyond that amount creates unnecessary risk.
At the same time, a power of attorney drafted too narrowly may require a new document to be prepared midway through the process.
The right approach is to decide in advance which actions the investor wishes to approve personally and which may be carried out by the representative.
Can an AFM and Banking Procedures Be Handled Through a Power of Attorney?
The Greek tax identification number, known as an AFM, is an important step for foreign investors purchasing property.
Under appropriate conditions, certain AFM application and tax-representation procedures may be handled through an authorised representative. The current process and required documents should nevertheless be confirmed with the relevant tax authority.
Banking should be assessed separately.
Having a power of attorney does not mean that every Greek bank will open an account remotely for the investor. Banks may carry out additional checks for identity verification, know-your-customer requirements and source-of-funds documentation.
Banking should therefore not be left until shortly before the intended purchase date.
It is also not correct to assume as a general rule that a property must be paid for from a Greek bank account. Available payment methods and the evidence accepted for Golden Visa purposes should be assessed under the current regulations and transaction conditions.
Can the Purchase Contract Be Signed Without the Investor Travelling to Greece?
With a properly drafted power of attorney that expressly covers the transaction, some property purchases completed before a Greek notary may be carried out through a representative.
This does not mean that every transaction can automatically be completed remotely.
The content of the purchase contract, the legal status of the property and the financing structure may require additional documents or approvals.
Most importantly, legal and technical due diligence should be complete before giving a representative authority to sign the purchase contract.
A power of attorney can make a purchase easier, but it does not remove the risk created by choosing the wrong property or carrying out incomplete due diligence.
Can a Golden Visa Application Be Completed Entirely Through a Power of Attorney?
A power of attorney can be important for preparing the Golden Visa application file and completing certain administrative procedures.
Greece’s official procedural information states that certain Golden Visa applications may be submitted through a representative under a power of attorney executed before a Greek consular authority or a properly authenticated foreign authority. Greek National Registry of Administrative Procedures
This does not necessarily mean that the investor will never need to travel to Greece.
Personal attendance may be required for biometrics, identity verification or other procedures requested by the competent authorities. Applications for family members may also involve separate documentation and administrative steps.
It is therefore important to distinguish between completing the property purchase through a power of attorney and completing the entire process through to issuance of the residence card.
How Can You Ensure Safe Representation from Turkey?
When selecting a representative, investors should not focus only on speed.
The following should be clarified at the outset:
- The representative’s legal responsibilities
- Limits of authority
- How the investor will be informed
- Approval procedures for costs and payments
- How documents will be shared
It is also important to keep the roles of estate agency, legal representation and technical due diligence separate.
- A property adviser can assist with finding a property and coordinating the sales process.
- A lawyer reviews ownership records and legal matters.
- A qualified engineer assesses the building’s technical compliance.
This separation is even more important when a transaction is managed remotely from Turkey.
Solomon Realtors Assessment
Buying property in Greece through a power of attorney can help investors living in Turkey manage the process more efficiently.
However, the right power of attorney is not the document that gives the broadest possible authority. It is a legally valid document, tailored to the investor’s purpose, with clear limits on the authorised transactions.
Buying a home in Greece from Turkey is possible. The important thing is not to put convenience ahead of legal security.
This content is for general information only and does not constitute personalised legal advice. Before a property transaction or Golden Visa application, it is recommended that the power-of-attorney wording be reviewed by an independent Greek lawyer and the relevant notary.
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