Founder and CEO, TERRE ΙΚΕ
Mandatory legal representation in transactions is back on the legislative agenda. According to the Plenary of the Presidents of the Greek Bar Associations, the Ministry of Justice’s draft provisions for the new Lawyers’ Code would require it in property and contractual transactions above €50,000 [1]. The bill was presented to the Cabinet on 30 September 2026 [2]. As of 1 November 2026, it has neither been put to public consultation nor tabled in Parliament [3][4].
There is, therefore, time for the question that comes before any “yes” or “no”: on what evidence should such a measure be decided.
What changed in 2012
Law 4093/2012 replaced Article 42 of Legislative Decree 3026/1954. For a notarial deed whose object is the creation, transfer, alteration, amendment or extinction of rights in rem over real estate for consideration, legal representation became mandatory “only for the party acquiring the right concerned”, and only where the value exceeded €80,000. The release of mortgages and mortgage prenotations, partition, exchange and gratuitous contracts were excluded. The third paragraph settled the matter: from 1.1.2014 representation “is optional for all contracting parties” [5].
Today the Lawyers’ Code (Law 4194/2013) governs what happens when a lawyer does attend: the deed records it expressly, and the notary attaches a receipt issued by the bar association (Article 74(4)) [6]. Attendance is possible, not mandatory.
Why it was abolished
The title of Law 4093/2012 places the provision among the “Urgent Measures for the Implementation of Law 4046/2012”, the law of the second Memorandum [5]. In public debate, the change is attributed to the liberalisation of the professions and to lower transfer costs for citizens [7]. The rationale is known. We have found no published assessment of its effect, twelve years on.
What is proposed now
The Plenary described the provision as a “longstanding demand of the legal profession for legal certainty and the protection of the rights of the contracting parties” and noted that the approval of the Prime Minister and the competent Ministers was still pending [1]. The government statement of 30 September lists, among the bill’s main pillars, the “broadening of the institutional role of the lawyer in transactions”, without specifying a threshold, the parties concerned or the fee [2]. According to a press report on the same day, the fee would be paid through an advance fee note on a sliding scale across three value bands, in an amount yet to be set, with the aim of passing the bill by the end of the year [8].
The question of exemptions has already been raised. The Notarial Code exempts from Article 42 judges and prosecutors, the senior legal staff of the Legal Council of the State, notaries and mortgage registrars (Article 11(7) of Law 2830/2000). The Association of Judges and Prosecutors, in a letter published on 16.9.2026, asked for the exemption to be updated [9].
What has not been measured
A lawyer’s presence can provide independent advice and scrutiny for the benefit of the client. Making it mandatory, however, carries a cost for every transaction above the threshold. To be justified, it needs a basis for comparison. How many disputes, nullities or frauds have arisen since 2014 from contracts with a lawyer, and how many from contracts without one.
The primary data, in principle, exist. Every attendance by a lawyer is recorded in the deed and accompanied by a receipt from the bar association [6], and every property transfer is entered in a public register, the Cadastre or the land registry. We have found no published measurement that uses them to answer the question. The real gap lies here: between the data and their use.
The preliminary agreement
The debate focuses mainly on the final deed. Where there is a preliminary agreement, however, that is where the seller commits first. Under the Greek Civil Code, a preliminary agreement is subject to the form the law prescribes for the main contract (Article 166), contracts on rights in rem over real estate must be made before a notary (Article 369), and a legal act lacking the required form is void (Article 159) [10].
In practice, private preliminary agreements are also signed. A seller who signs such a document without knowing that it is void feels bound by terms that do not bind them. A seller who signs before a notary is fully bound before the checks of the final stage. Whether and how the new rules will cover the preliminary agreement will only become clear from the official text.
This is exactly the point addressed by SellerShield, an artificial intelligence application designed by TERRE ΙΚΕ to protect property sellers. The seller uploads the draft preliminary agreement before signing. The application checks its form and terms, identifies the points of risk and, where the risk is elevated, recommends a lawyer of the seller’s choice. It does not replace the lawyer. It ensures that the seller knows what they are signing. The related proposal was submitted to the Minister of Justice on 6 August 2026 [11].
Five questions for the official text
Whether the measure is sound will be decided in the details. The text that is tabled must answer clearly:
- Who is obliged: only the acquirer, as in 2012, or every contracting party?
- What does the lawyer check, and with what liability?
- How much does it cost each party, and who pays?
- Which exemptions apply, and on what criterion?
- How does the check complement the role of the notary and the Cadastre?
An evidence based choice requires data on the scale and nature of the risks, a comparison of costs and benefits, and an assessment of alternative measures. Without them, neither the abolition of 2012 nor the reinstatement of 2026 can be presented as a proven solution.
The question is not whether a lawyer is needed in a transaction. It is where, for whom, and on what evidence.
This text is for information only and is not a substitute for legal advice on a specific case. Facts checked on 1 November 2026. Quotations from Greek sources are our translation. Read the original in Greek.
Sources
[2] Hellenic Government, statement on the Cabinet meeting of 30 September 2026 (in Greek)
[3] opengov.gr, Ministry of Justice, public consultations (checked 1.11.2026)
[4] Hellenic Parliament, bills and law proposals tabled (checked 1.11.2026)
[7] Capital.gr, 14.9.2026 (secondary source, in Greek)
[8] Capital.gr, 30.9.2026 (secondary source, in Greek)
[11] TERRE ΙΚΕ, SellerShield: protecting property sellers at the preliminary agreement