tittle deeds in cyprus

P L A N N I N G A M N E S T Y – POTENTIAL PROVIDED BY AMENDED LEGISLATION

In Cyprus, a property’s certificate of final approval is applied after all checks for conformity are finalised, when the building is completed, through independent professional inspectors according to regional Town Planning Office permissions – the Town Planning Department and Building Department. The certificate of final approval must be completed, as it verifies that the property meets its building/planning permits issued from local authorities and it has had the construction carried out correctly and that the buyer has received what they have paid for. Obtaining the certificate is crucial as it leads to the next step in the process, without which one cannot apply for a title deed.

Many people, including foreign buyers, have been left without deeds even after paying for their property because developers did not pay the mortgage to the bank. Others remain without title deeds to their property due to irregularities at the time of construction or changes later on.

Recently the Ministry of the Interior published document which explains key features of amended legislation for modernisation of procedures for the licensing of development, the legalising of specified irregularities in existing buildings & the issuance of updated Tittle Deeds for Developments.

This law is temporary (valid only for three years) and has a specific mission: It seeks to provide a new opportunity to those who truly wish to legalize their property by taking specific actions that can lead to success.

The most important information included in this document are as follows:

' The legislation is strengthened with temporary provisions, enabling the legalisation of irregularities of specific type, nature, scale and significance, in existing buildings, under certain conditions. The main condition is the existence of a relevant planning permit and/ or building permit for the development.'

' In amended laws, Competent Authorities (Planning Authority, Building Authority and the Director of the Land and Surveys Department) are empowered to impose administrative fines, in cases where the owner is reluctant or unwilling to submit the required declarations or applications for the legalisation of buildings, or irregularities in buildings, or for the issue of certificates of approval or certificates of unauthorised works or updated title deeds.'

' Temporary provisions aim at enabling the legalising of irregularities of a certain scale and significance on buildings that existed on April 8, 2011, provided that a planning permit and/ or building permit had been granted in the past.'

'In general, it is possible for the following irregularities to be legalised (these are generally of a larger scale than the respective ones that can be legalised through the provisions of the Streets and Buildings Regulation Law):

(a) Existing additions or alterations to an existing building resulting in:

(I) Increase of the approved plot ratio (of the building or the individual units) up to 30% of the approved covered area, of which only 10% could be allocated outside the approved shell of the building. This 10% (outside the approved shell of the building) refers to the sum of all additions and not specifically to any individual unit exclusively.

(II) Increase in the height, number of storeys (floors) or the coverage ratio of the building.

(III) Differences in the approved general layout of the development.

(IV) Failure to comply with the minimum required distances from the property boundaries or between buildings.

(b) Change of use of existing small-scale development, provided that the new use is more desirable than the existing and it does not adversely affect to a considerable extent the amenities of the area.

of the surface area deriving from the designated plot ratio.

Failure to complete part of the approved development (building or division of land) or incorrect infrastructure construction with respect to the permit´s terms and conditions or non-compliance with the permit´s conditions related to the provision of public infrastructure or non- compliance with the permit´s terms and conditions regarding the provision of suitable and adequate parking spaces (up to 10% of the number of parking spaces approved).'

' The Law defines a six-month period from April 8, 2011 for the submission of a statement of intent by owners of buildings with irregularities. Such a statement can be submitted by purchasers of individual property units (second homes or apartments) where the owner himself is not willing to do so.'

' This statement is simple, and is submitted to the Ministry of the Interior. It contains general information that is necessary so as to ensure that the irregularities existed on April 8, 2011, and is attested by an affidavit provided by a qualified person, member of the Scientific and Technical Chamber of Cyprus (ETEK).'

' Any person not submitting a statement of intent within the specified period, which expires on October 7, 2011, will not have the right to make use of the temporary provisions of the Legislation. This, of course, does not apply to persons submitting, directly, an application for planning permit (instead of a statement of intent) to the Planning Authority until October 7, 2011, or those who have already submitted an application to the Building Authority for a certificate of approval and have not yet been informed of the Authority´s decision. It should be noted, that the statement of intent must not be confused with the application for planning permit, which is required in all cases.'

' A fixed three-year period, expiring on April 7, 2014, is defined, for the submission of applications making use of the temporary provisions of the Legislation, only where a statement of intent has already been submitted in time.'

' A 20% discount on the compensation levy is set for all applications submitted within the first year period, and a 10% discount for applications submitted within the second year of the implementation of the provisions of the law.'

' In order to discourage future irregularities Planning Authorities have the power to impose administrative fines. Such fines may also be imposed on a planning permit holder not taking the steps required to legalise irregularities.'

' The Building Authority is empowered to impose administrative fines on owners who fail or are unwilling to apply for a certificate of approval or to legalise the building.'

(NOTE: Above text do not in any way replace texts of the Town and Country (Amended) Law 2011, the Streets and Buildings Regulation (Amended) Law 2011 and the Immovable Property (Tenure, Registration and Valuation) (Amended) Law 2011.

Source of information: 'PLANNING AMNESTY INFORMATION BULLETIN' published by the Ministry of Interior, 06.06.2011)

As an architect licensed in Cyprus I prepare documentation necessary to legalize build property and to apply for Completion Certificate and Tittle Deeds.

For more information please send enquiry with some details in regards to your property at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call 99 269 350 (Polis Chrysochou)