Title Deeds for unfinished developments.

[gillM]

Dear Nigel
Could you please clarify the ruling on Title Deeds for unfinished developments. We have been told by various people that because our development has only 4 of the proposed 13 villas built we are never likely to get our title deeds. However our developer has applied for a division permit which appears to be taking rather a long time. The original application went in in Dec. 2009 and then was amended (due to a change in a boundary on one of the plots). This new application went in in June 2012 and still appears not to have been issued. Is there anything we can do to speed this on as until this permit is issued it appears that the developer cannot apply for individual title deeds. We are desperate to sell our villa but no agent (other than the developer) will take the property on until we have title deeds or an AX number.
Gill

[Nigel Howarth]

Hi Gill - I've just answered your question about passing the property to your children. I guess this is another property?

One of the permanent provisions of the 'Town Planning Amnesty Law' that was introduced in 2011 enables deeds to be issued for part-completed developments. I published an article on the subject by the architect of the law that you can read at Summary of Cyprus planning amnesty laws revealed.

But I don't have the detail of how the law is implemented by the planning authorities and I see that a second application to divide the plots had to be submitted due to a boundary change. This can take anything from 6 to 12 months to approve (depending on difficulties).

I think your best bet is to get the application details from your developer and then visit the planning authority to see if there are any problems and/or what progress they are making.

When the division permit has finally been issued and approved (and assuming a Certificate of Final Completion has been issued) you could be looking at a further 12 - 30 months before the deeds are issued.

Regards,

[Pantheman]

I don't see how a developer can apply for a division permit if he has not got the final certificate. Given the development is not complete, then he cannot get the FC, whereby he cannot apply for the DP, whereby someone is pulling your leg!

Unless of course, the development is made up of separate planning permits and he has completed the 4 properties that may be covered by a single permit, otherwise, no such luck.

Without having all of the information I cannot comment any further, sorry.

[gillM]

Thank you for your comments Nigel. I asked the question about passing it to my children as I feared it would take a long time to get the title deeds and I certainly wouldn't want them to go through the Cyprus Probate system if anything happened to me before I had sold the property. (Pantheman - each plot that has been built had a separate planning permit).
I no longer live in Cyprus as we returned to the UK due to ill-health, however I am coming back to Paphos in May and will visit the District Office to seek information about the division permit. Hopefully I may get some answers.
Gill

[Pantheman]

Thank you for your comments Nigel. I asked the question about passing it to my children as I feared it would take a long time to get the title deeds and I certainly wouldn't want them to go through the Cyprus Probate system if anything happened to me before I had sold the property. (Pantheman - each plot that has been built had a separate planning permit).
I no longer live in Cyprus as we returned to the UK due to ill-health, however I am coming back to Paphos in May and will visit the District Office to seek information about the division permit. Hopefully I may get some answers.
Gill

Thanks, that explains it.

Good luck