Buildings Guarantees

[pafos105]

Hi Nigel,

Thanks for all your advise, when we visited Cyprus in August we were able to visit the Land Registry and confirm that there are no commercial loans against our apartment block in Paphos. The only loans are individual mortgages for the different owners. We also found out that whilst the sales agreements have been lodged with the land registry, the individual title deeds have not yet been applied for, even though we have always been given the impression that they had. Apparently it can take up several years for all the inspections and paperwork to be completed. In our sales agreement it simply states that they must be applied for in a reasonable time after completion and I have been assured by my 'developer approved' lawyer that this is normal and that dates are not usually specified. I know you state that it is better to have a date specified, I assume that the developer has nothing to gain by deliberately slowing down the process.

Unfortunately, a bigger problem has come to light and I am not sure where we stand in getting it sorted. I have contacted Louise Zambartas as I feel we may end up needing legal representation but I would be interested to hear your views too. It appears that there is a significant problem with the sewage drainage system. There was a massive blockage and flood in June which flooded the storerooms in the basement. When we visited in August, the sewage pipe above our carparking space was dripping and there were brown stains all down the wall where the pipe disappears out to the inspection chamber. When we reported the problem to Pafilia they said that it was caused by nappies and sanitary products being flushed down the toilets blocking the system and that all they could do was inspect the system more regularly to releave any blockages before it backed up. The owners would cover the cost of this and any unblocking or redecoration costs through the community charges. The explanation was that when the system is blocked the inspection chamber becomes flooded and as the waste pipe is simply pushed through a hole into the wall, all the effluent simply seeps around the pipe and out into our parking bay and storage room. I checked with our lawyer whether there was buildings guarantee and he said that because it is now after one year since the build was completed, Pafilia had no duty to fix the problem despite the fact that my storage room is now unusable.

Some of the other owners think that the problem is caused by an incorrect fall on the waste pipe and rubble in the pipes causing a poor flow rate in the first place. If it can be proved that this is the case can Pafilia be made to correct the problem?

[Nigel Howarth]

Hi Helen,

Title Deeds can take many years even though the developer may have been doing things by the book - once you've taken delivery you're looking at between 5 and 7 years as long as there are no hold-ups.

The drains in Cyprus cannot handle disposable nappies and sanitary products (and we used to have problems when we lived in the UK with disposable nappies causing the main drain in our road to overflow). Without 'evidence' of what's causing the problem, I don't know what you can do apart from having the drains independently inspected to see if they have been laid correctly. There's a civil engineer in Limassol who may be able to help. I'll send you a PM with his contact details.

It may also be helpful if you were to put a note in everyone's postbox asking them not to flush disposable nappies and sanitary products down the loo.

Drainage pipes in the UK are laid at what is known as the 'self-cleansing' level. This ensures that normal waste is carried through the pipes without causing a blockage. I don't know what the regulations are in Cyprus.

If your contract of sale says that the property will be constructed to comply with building regulations and an independent inspection of the drains proves that the drainage system does not comply, then your developer may have a case to answer as he will be in breach of contract.

But as you have contacted Louise, it's best if you follow her advice to see if the problem can be resolved.

Regards,

[pafos105]

Thanks again Nigel. I didn't explain my question about the title deeds very clearly. My point is that Pafilia haven't actually started the process yet are the Land registry has not yet been instructed to issue them. I know that once this has happened it will take several years but what if the process is never started! I assume it is in Pafilias interest to do this once they have the necessary documentation.

I think Pafilia are admitting that it is a construction issue with the sewage pipes however, do we have any rights in terms of making them sort it out. We are well past the one year guarantee deadline so is there any other building guarantee that we can refer to (like the 10 year one in the UK) our lawyer has told us no, but other people seem to think there is. Unfortunately I cant get any help from Louise at the moment as I already have a lawyer in Cypprus (the one Pafilia recommended) and apparentky I am not allowed to have two at once!

Thanks again, Helen

[Nigel Howarth]

You're welcome Helen,

Unfortunately there isn't an equivalent of the UK NHBC 10-year guarantee in Cyprus. There's an article in my magazine that explains the typical guarantees you get at http://www.news.cyprus-property-buyers. ... s/id=00101

There are several stages involved in getting Title Deeds issued. Before getting the Land Registry to issue the Deeds, the development needs to be checked by the planning authority, division permits are needed, etc, etc. You can read more about this at http://www.cyprus-property-buyers.com/law/planning.htm - perhaps you could contact the developer to see what's happening.

Regards,