Town Planning Amnesty

[WENDY]

Hi Nigel

We have yet to obtain our title deeds and I don't even know if our property has a building infringement but I am worried that if we do not put in an application for the town planning amnesty we will miss this window of opportunity.
The trouble is I feel totally overwhelmed with the whole procedure and am unable to travel to Cyprus in the near future.
Is it possible for a lawyer representative to apply for us if its necessary and how do I find out if our property has building issue.
I hope this all makes sense to you
kind regards
Wendy

[Nigel Howarth]

Hi Wendy and welcome to the forum,

You can get a solicitor to act on your behalf in this matter. The British High Commission has just updated its list of lawyers, which you can find at http://www.news.cyprus-property-buyers. ... /id=008642

Regards,

[taffyboy]

Hi Nigel

We live on a complex of 36 properties and some owners are now thinking of submitting an application of intent to apply for their deeds under the amnesty. The reason being that the developer has failed to submit the final application. Some people seem to think that we should submit one application for the whole complex and then maybe apply as individuals in the future. Do you have any thoughts or recommendations on this?

[Nigel Howarth]

Hello taffyboy and welcome to the forum,

Where the development consist of a number of properties, 'Statements of Intent' should be submitted for each of them. And it will be more cost-effective if all the buyers do this together using a single architect.

You can read how to go about submitting a Statement of Intent at http://www.news.cyprus-property-buyers. ... /id=008381

The Statement of Intent and the subsequent application means that, assuming your application is accepted, you can then apply for a Certificate of Final Approval (not Title Deeds). There may be other non- planning related issues, such a developer's mortgage, that prevent you from getting title to the property.

If your developer has been issued with a Planning Permit and a Building Permit and all the drawings are available, you can make a full application, rather than a statement of intent.

Regards,

[taffyboy]

Thanks for the information Nigel.

Just for your info it has just come to light today that the builder did not apply for a building permit.

Due to the nature of the way that the land was traded with the developer in return for some of the properties, if the applications are successful, we have been told that one deed will be issued to the land owner. It would then be up to him to issue individual deeds. We have also been informed that if he did not do this then we would have to take him to court to have the deed split into individual ones.

Taffyboy

[Nigel Howarth]

Hi Taffyboy,

Providing that your builder has a Town Planning Permit, you can apply under the provisions of the Town Planning Amnesty. (A Building Permit is sought after a Town Planning Permit).

Providing that everything goes OK, you will eventually be able to apply for a single Certificate of Final Completion for the whole of the development of 36 houses. Once you have this, you can apply to have the land sub-divided so that a Title Deed can be issued for each of the properties.

If the developer/landowner is unwilling to do this, you can apply to a court for someone to take over the role of the developer/landowner to progress the eventual issue of the Title Deeds. If this application is successful, the developer/landowner cannot intervene.

Regards,

[WENDY]

Hello Nigel

We have contacted a lawyer from the list you mentioned. To proceed with submitting the statement of Intent and organising the Architect they want payment in Advance of 1200 Euro. Natually we are so scared of making more costly mistakes Does this amount sound about right to you.

Kind Regards
Wendy

[Nigel Howarth]

Hello Wendy,

€1,200 sounds rather expensive to me, I suggest you contact a couple of the others to get competitive quotes.

Also, ETEK has published a list of architects & construction engineers who are willing to help with applications. You can find that list at http://www.news.cyprus-property-buyers. ... /id=008836

Regards,

[Nigel Howarth]

Hello Wendy,

I have just received news from someone who has just submitted a Statement of Intent:

"Nigel we are just about, through our original ETEK registered Architect, to submit our S of I under the Town Planning Amnesty. The cost to do this initial stage through Architect is €50 plus €3.70 for updated Land TD,s and a Topography we got from LR, plus dated photos of the property, all sent off to her."

Regards,

[WENDY]

Hi Nigel
Thanks for the information. Can I ask if your other contact used a lawyer as well as an Architech . It is an awful lot of money to us I will take your advice and get a couple more quotes.

Kind Regards
Wendy

[Nigel Howarth]

Hi Wendy,

No, they didn't use a lawyer - they went straight to their architect.

Regards,

[SBSis]

Hi,

We are currently away but fortunately have had our post from home opened and have found out about a letter from our bank regarding the Planning Amnesty.

Has anyone dealt directly with an architect? I contacted the lawyer who dealt with our purchase and they have said that they will charge 1,000 euro plus VAT & expenses (approx 50euro) to

1. Review of case and documents on file;
2. Investigation: local inquiry with competent Authorities and a site visit by the architect and taking photos;
3. Power of Attorney;
4. Deposit of statement of intent on or before 07/10/11

Is all of this necessary or is there another way we can do this - we are in no position this week to get a Power of Attorney signed.

The lawyer has also said that (as far as he knows!) our developer does not have any irregularities and the permit, which is pending, is the Final Certificate of Approval
Any advice would be welcome as this just now feels like another thing adding to an already stressful and overwhelming situation.

Thank you

[Nigel Howarth]

Hi SBSis and welcome to the forum.

There is no need to employ the services of a lawyer - nor is there any need for surveys, photographs or studies. All it needs is for you to complete a form and get an architect/civil engineer to make a sworn statement. This should cost no-where €1,000!!!

I published an article yesterday at http://www.news.cyprus-property-buyers. ... /id=008924 about the deadline and what needs to be done.

I am in almost daily contact with an architect in Paphos who has been submitting applications. It really isn't difficult or expensive.

Regards,

[taffyboy]

Hi Nigel

It has been sometime since we last communicated.

Someone on our complex has recently been informed that anyone who applied for their title deeds under the town planning amnesty will soon be in receipt of their deed.

We are a complex of 36 properties and we thought that one deed would be issued to the landowner who would then split it between all the properties.

Therefore do the applicants under the amnesty bypass the above process and receive their deeds direct.

If this is the case does anyone who did not apply under the amnesty still have to wait in the system for their title deed.

Regards

Taffyboy

[Nigel Howarth]

Hi Taffyboy

I wonder where the "someone on our complex" got their information?

Firstly, you do not apply for Title Deeds under the Town Planning Amnesty - the Amnesty enables minor infringements of the planning regulations to be legitimised so that a Certificate of Final Completion may be issued. (The Certificate is a required by the Land Registry before it can issue Title Deeds).

Once a Certificate of Final Approval has been issued, the developer can apply for a Division Permit to sub-divide the land into individual plots. Assuming there are no complications, this will take 6 months or thereabouts.

Then he has to seek a Certificate of Approval for the Division Permit - another 6 months.

Finally the developer applies for the Title Deeds to be issued. This takes a further 12 - 30 months.

Assuming that there are no planning infringements with your property, the fact that others have applied under the Town Planning Amnesty should not affect you. (This assumes that the 36 properties on your estate are covered by a single planning application).

Regards,