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1993 jointly owned building law

Posted: 07 Oct 2012 08:36
by dereksinclair
we have received conflicting advice regarding the law controlling jointly owned buildings. Our development has 59 units [Pafilia]. One owner has been informed that we have to register the property as jointly owned and form our committee [as we want to do] another owner has been informed that this is not necessary. We have just received our deeds.Help

Re: 1993 jointly owned building law

Posted: 21 Oct 2012 10:17
by Nigel Howarth
Dear dereksinclair - welcome to the forum and my apologies for the delay in replying - I've only just spotted your message.

Regarding the registration of the property as being jointly owned - this should have been done by your developer (you can check with the Land Registry).

If it hasn't been registered as jointly owned, you can either 'badger' the developer to do it - or do it yourself. If you need to do it yourself, you will have to employ an architect to measure the areas of individual properties to establish the share of ‘common area’ insurance and maintenance costs that should be paid by each owner.

The process of registering a property as being jointly-owned is described in the Department of Lands & Surveys Citizens Charter - pages 19 & 20.

Pages 20 and 21 also have a few words on management of jointly-owned buildings.

The responsibilities and obligations of the Management Committee (and the owners) can be found in the English translation of the law available from Jointly Owned Buildings Law of 1993.

Some other documents and articles that you may find useful:

Insurance of Cyprus apartments & building complexes - by Miltiades Miltiadou, the General Manager of Chartis Cyprus.

Managing Cyprus apartments and building complexes - By Louise Zambartas (Limassol-based lawyer on the list provided by the British High Commission in Nicosia)

Sample Regulations for a building complex - Something I put together for PICAS.

As for registering the Management Committee with the Land Registry - this should be done (but I know that some Land Registry offices do not insist on this). There is a form on the Department of Lands & Surveys website, but I have been unable to find it. I suggest that you visit the Land Registry and ask them for a copy for you to complete. As I understand the process, you will need to get a rubber stamp made up bearing the name of your committee - but again, I suggest you check with the Land Registry.

Also, if you have a set of regulations that differs from those contained in the law (see above), these too will have to be registered with the Land Registry.

I hope this helps and apologies again for the delay.

Regards,