BUILDING PERMIT

[yassy]

Hi Nigel

Can you please tell me which department I should visit to verify if a building permit has been issued for a property which is already built, lived in & paid for. We are getting conflicting reports as to wether a permit exists or not. If no permit exsists, what could be the outcome for the homeowners & would they have any recourse againt the developer.

Thanks

Yassy

[Nigel Howarth]

Hi Yassy and welcome to the forum,

The District Administration is responsible for examining and issuing building permits. Here are the addresses of the District Administration offices:

Nicosia
2 Alkeos Street
Engomi
1458 Nicosia
Tel: 22 804 122
Fax: 22 665 990
E-mail: dao.nicosia@cytanet.com.cy

Limassol
Gregoris Afxentiou Square (Anexartisias)
P O Box 56062
304 Limassol
Tel: 25 806 400
Fax: 25 305 288
E-mail: dao.limassol@cytanet.com.cy

Larnaca
19-21 Constantinos Paleologos Street
P O Box.40103
6301 Larnaca
Tel: 24 801 818
Fax: 24 304 635
E-mail: dao.larnaca@cytanet.com.cy

Paphos
5 Nikodemos Mylonas Street
8100 Paphos
Tel: 26 801 101
Fax: 26 306 251
E-mail: d.o.paphos@cytanet.com.cy

It's probably best if you visit the appropriate office and speak with the people there (for some reason, telephone calls and emails don't seem to have much effect here).

If the property has been built without a building permit, it's up to the developer to sort one out. He may have already done so - is there anything in your Contract of Sale about it?

Regards,

[Polemi Dave]

Hi Nigel
You already know the background of my Villa but for the thread ..........

My council of ministers permit requires I have a building permit to transfer deeds. I can't get any sense from the Developer, if he yet has one. There is electric so I know there is at least an application number. Planning permission was granted about a year ago, so should I expect that there is a Building Permit and the Developer is holding out for some reason?

I am holding out on taking delivery till I can get the deeds transferred. Also who in their right mind would buy a villa without a building permit. I am not in Cyprus to chase up the Authorities and even if I was I don't have a reference number.

[Nigel Howarth]

Hi Dave,

If your property's connected to the mains electricity supply - a Building Permit must have been issued for its construction. The Electricity Authority will not connect you to the mains supply without one.

The only thing I can think of that would cause the developer to hold out would be if the property has been constructed with some variations from the plans submitted for the Building Permit. If this is the case, then he will need to seek what is known as a 'cover permit' - and depending on what changes have been made, he may also need a 'cover' Planning Permit as well.

Regards,

[Polemi Dave]

Morning Nigel

The line I get is "we only needed a building permit application number" for electricity not the permit. Probably not true.

I think the permit may be being held as a final bargaining chip until the developers gets the final payment - plus all those extras he never told us about and cost €1000,s Another client only received hers a couple of years later when all the argueing was done.

I don't know how to break this circle as the Council of Ministers won't give be a permit to transfer the deeds without a Building Permit - I won't pay the delivery stage without transfer of deeds - and the developer won't give me the building permit. Meanwhile I will stay in UK and i am begining to think this is going to Court

[Nigel Howarth]

The line I get is "we only needed a building permit application number" for electricity not the permit. Probably not true.

Here is some information that I've just copied from the EACs website:

• New Supply of Electricity to Domestic Premises (Houses)
  
  General Conditions
  
  Electricity supply can be afforded in any part of the non-occupied area of Cyprus provided that:
  
  1. It will be used lawfully.
  
  2. An application for supply is submitted using EAC Form 585.
  
  3. Completion of formalities and requirements of the Law (Government approvals and wayleaves) are secured.
  
  4. The applicant shall contribute towards the cost of supply (capital contribution), in accordance with the current Connection Charge Policy of EAC.
  
  5. The electrical installation of the applicant shall be inspected and approved by EAC, for compliance with the current rules and regulations for electrical installations.
  
  6. The applicant shall pay to EAC the required deposit and sign the relevant form - EAC Form 13.
  
  7. Applications include the name, the postal address and the telephone number of the applicant, as well as Land Registry Office (LRO) plan details of the premises, where electricity supply is required (i.e. sheet/plan number and plot number).
  
  To enable EAC to process the application without delay, applicants must provide the necessary information/details and documents related to their application for supply. The specific requirements are briefly listed below.
  
  Required information/details and documents
  
  1. Building Permit.
  
  2. LRO plan of the Building certified by the issuing Authority (official seal).
  
  3. Details of the electrical load to be installed in addition to the normal load (lighting, water-heater, cooker, refrigerator, small appliances) such as air-conditioning units, storage heaters etc.
  
  4. When the house to be supplied is situated in rural areas, then in order for the applicant to benefit from EAC΄s Rural Area Policy (lower capital contribution towards the cost of supply), it is required to submit the necessary document (a written confirmation) from the District Officer, certifying that he is entitled to be included in the Rural Area Policy Scheme.

And the EAC certainly wanted to see the Building Permit for my place before they would connect me to the mains supply.

These days, someone in the District Administration has delegated powers to act on behalf of the Council of Ministers. I remember when we bought our land back in 1992, the CoM put a condition in the permit that required us to build on it within three years. My lawyer wrote to them and managed to get the condition lifted.

But now that Cyprus is in the EU, it has to treat EU nationals the same way that it treats in own nationals in respect of purchasing land - and IMHO, whoever is looking after your application in the District Administration is guilty of racial discrimination. I suggest you contact your lawyer and have them write to the Ombudsman (copy to the District Administration) along these lines together with a copy of the permit containing the conditions.

Regards,

[Polemi Dave]

Thanks Nigel yet again, especially for your specific advice on PM.

Sometimes things happen in Cyprus that are totally against the rules and we are left speculating just why.

Against all the rules I am the beneficial owner of an an off plan Villa with electric connected but no building permit. I know it can't happen - but it has.

[Polemi Dave]

Just to add a PS on this thread.

I found out this morning from EAC that they broke their own rules because the poles were already up and they had men in the area.

So you can have electric without a building permit - when it suits, if your face fits.

This is Cyprus

[MC]

Dave
Sorry to hear of your predicament & thank you for posting the PS. In Cyprus any law it seems can be broken with impunity if your face fits. Having electricity connected without a building permit only enables & encourages the deceit and lies that are spun by those wishing to sell dishonourably. They have no shame and only worship money. Nature however has an uncanny way of biting back at those who indulge to excess which more often than not those with ill gotten gains tend to do, as it has come their way easily. Many become addicted to either alcohol, drugs or gambling & hopefully their fragile world eventually crashes down around them.
I sincerely hope you manage to sort your problem out. I do bet however that those who are cowboys will blame everything under the sun for their inability to sell, except to the most gullible, without considering that their shabby, cheap, operating practices have a lot to do with it. Government Revenue must be falling fast. It's no wonder they want to sell Gold reserves.
What we must do however is support the honest & honourable developer/s and not permit the bad to spoil everything, I am certain there must be at least one somewhere on the Island.