Title Deeds & Rogue Architect

Do you have a problem getting your Title Deeds?
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Muchlyscammed
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Joined: 26 May 2021 13:13

Title Deeds & Rogue Architect

Post by Muchlyscammed »

I have been waiting 15 years plus for title deeds to be issued. They are now ready but I've learned that they are not clean.
One of the problems is that the original architect has not signed the Final Approval Certificate and he is 'offering' to provide said certificate at a cost of almost 5000 euros.
Is this nothing short of extortion?
He didn't do his job in the first place (i.e. never came to inspect the development during the build even though it is less than a km from his office) and apparently he had a fall out with the developer (how convenient). There are 100 properties on the development and at a rate of 5k per house he stands to make half a million quid if each buyer is to play into his hands.
I understand any architect can inspect and provide the Final Cert but apparently we need a release from the rogue architect!! He'll never agree to that because he's trying to make money out of our misery. We can't sell the houses without it. Is there another way to go around him without said release?
I haven't got my unclean deeds yet (despite being told they are available) so can I technically sell?
Last edited by Muchlyscammed on 26 May 2021 16:42, edited 1 time in total.
Pantheman
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Re: Title Deeds & Rogue Architect

Post by Pantheman »

Muchlyscammed wrote: 26 May 2021 13:26 I have been waiting 15 years plus for title deeds to be issued. They are now ready but I've learned that they are not clean.
One of the problems is that the original architect has not signed the Final Approval Certificate and he is 'offering' to provide said certificate at a cost of almost 5000 euros.
Is this nothing short of extortion?
He didn't do his job in the first place (i.e. never came to inspect the development during the build even though it is less than a km from his office) and apparently he had a fall out with the developer (how convenient). There are 100 properties on the development and at a rate of 5k per house he stands to make half a million quid if each buyer is stupid enough to play into his hands.
I understand any architect can inspect and provide the Final Cert but apparently we need a release from the rogue architect!! He'll never agree to that because he's trying to make money out of our misery. We can't sell the houses without it. Is there another way to go around him without said release?
I haven't got my unclean deeds yet (despite being told they are available) so can I technically sell?
Hi, just to clarify some items here.

The architect does not sign the FCA as far as I understand, the local authority issues these. What you may confuse it with the project completion. If he does this once then it covers the whole site not a single property so he cannot charge 5000 per property.

There are many instances where the architect falls out with the developer because he doesn't pay him what he owes him, in effect it is the developer that is at fault.

The fact that deeds are ready suggests a FCA has been issued, but has notes and unless you can get a copy of these notes you will not know why they are there. You could still sell, but the incoming buyer will be saddled with these issues and may demand lower price to cover the cost of putting things right for a 'clean' deed.

Well, te last I checked with the Paralimni planning office, if the building permit has expired you do not need any release document from the original architect, but finding another architect to accept the responsibility could be an issue.

In any case your best bet would be to get hold of the list of non conforming items so you know what the real issues are.

Hope that helps.
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Muchlyscammed
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Re: Title Deeds & Rogue Architect

Post by Muchlyscammed »

Thanks that makes sense. We have notes and we found out what they are from the Municipality so we have been doing work to fix the problems ourselves, even though we have not yet seen the deeds. If we can fix the issues do we need to go through the Architect at all?
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Re: Title Deeds & Rogue Architect

Post by Pantheman »

Muchlyscammed wrote: 26 May 2021 16:38 Thanks that makes sense. We have notes and we found out what they are from the Municipality so we have been doing work to fix the problems ourselves, even though we have not yet seen the deeds. If we can fix the issues do we need to go through the Architect at all?
If you have the list of notes, you can request a costing from the district admin to put them right, you then all pay your share, you give them the receipt they inform the LR and the individual deeds are issued notes free :)
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Muchlyscammed
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Re: Title Deeds & Rogue Architect

Post by Muchlyscammed »

Thanks Pantheman,

The thing is our notes relate to planning infringements such as not having the green card, balconies not high enough, etc. I have got the green card myself and replaced the balconies so they meet the requirements. Can I just provide proof of the corrections and ask LR to remove these notes or do they (or the Municipality) have to inspect?
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Re: Title Deeds & Rogue Architect

Post by Pantheman »

Muchlyscammed wrote: 26 May 2021 17:49 Thanks Pantheman,

The thing is our notes relate to planning infringements such as not having the green card, balconies not high enough, etc. I have got the green card myself and replaced the balconies so they meet the requirements. Can I just provide proof of the corrections and ask LR to remove these notes or do they (or the Municipality) have to inspect?
It would need to be reinspected. I suggest you take some photos, get your receipts and pay a visit to the district Admin that would have issued you the notice and see what they have to say. Green areas affect the whole site, if your property has individual issues and you correct them then they can remove the notes from your deeds.

Good luck, let us know how it goes.
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Muchlyscammed
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Re: Title Deeds & Rogue Architect

Post by Muchlyscammed »

Brilliant, will do
Muchlyscammed
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Re: Title Deeds & Rogue Architect

Post by Muchlyscammed »

Pantheman,

I have now been to the Municipality and I questioned the Project Completion issue as per the reply above. I explained that, as I understood it, the architect cannot charge each property owner for his signature but that the PC is signed once for the whole development. I was told that I was wrong.

Therefore it looks like we are between a rock and a hard place (as long as the Municipality allows this to happen) with no choice but to pay nearly 5000 euros to remove the one note/memo on the deed that we can't fix ourselves.

It appears that in Cyprus there is no realistic form of redress for what is immoral and sharp practice by individuals who would call themselves trustworthy professionals.

I might add that there was no way to see this coming even with one of the best lawyers in Cyprus handling the original purchase.

Unsurprisingly greed wins the day again. No wonder no one wants to buy property off-plan in Cyprus these days.....you just cannot guarantee that there won't be trouble down the road :roll:

Thanks for your help anyway, rant over
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Re: Title Deeds & Rogue Architect

Post by Pantheman »

Muchlyscammed wrote: 11 Jun 2021 17:14 Pantheman,

I have now been to the Municipality and I questioned the Project Completion issue as per the reply above. I explained that, as I understood it, the architect cannot charge each property owner for his signature but that the PC is signed once for the whole development. I was told that I was wrong.

Therefore it looks like we are between a rock and a hard place (as long as the Municipality allows this to happen) with no choice but to pay nearly 5000 euros to remove the one note/memo on the deed that we can't fix ourselves.

It appears that in Cyprus there is no realistic form of redress for what is immoral and sharp practice by individuals who would call themselves trustworthy professionals.

I might add that there was no way to see this coming even with one of the best lawyers in Cyprus handling the original purchase.

Unsurprisingly greed wins the day again. No wonder no one wants to buy property off-plan in Cyprus these days.....you just cannot guarantee that there won't be trouble down the road :roll:

Thanks for your help anyway, rant over
I disagree with them, no architect is going to write a PC for every property individually. He writes it for the whole site to verify that the site has been built to the drawings (plus any deposited amendments). I'm sorry I would not accept that and would cause a massive fuss over this.

What district are you in?? Just out of curiosity.

Before you go forking out any 5000 to those crooks, I would see a lawyer that can challenge this it'll be worth the 100E or so for any correspondence.

Don't just give up!
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Muchlyscammed
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Re: Title Deeds & Rogue Architect

Post by Muchlyscammed »

Thanks Pantheman, sorry for the delay in my response.

To be honest I have no intention of paying the architect...ever! Nicosians are the main buyers right now and they are not very bothered about clean deeds, as long as the Deeds are available they seem happy enough. The potential Cypriot buyers I have spoken to are likely to leave their properties to grandchildren so they won't pay the architect either; there is still an opportunity to sell without paying cash to said crooks.

I have now got a search on the property which has two liens on it because the developer took out mortgages (one with Bank of Cyprus, the other with Astrobank).

Can you or Nigel tell me...Am I liable for these loans? How do you go about removing the liens?
Nigel Howarth
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Re: Title Deeds & Rogue Architect

Post by Nigel Howarth »

Hi Muchlyscammed

Regarding the liens - it is possible for you to pay the Bank of Cyprus and the Astrobank the balances of the outstanding loans - and pay the vendor the difference between the agreed price and the amount paid to the banks.

See paragraph 5 in my article New specific performance law increases safeguards.

Regards,
Nigel Howarth
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Re: Title Deeds & Rogue Architect

Post by Pantheman »

Nigel Howarth wrote: 22 Aug 2021 10:50 Hi Muchlyscammed

Regarding the liens - it is possible for you to pay the Bank of Cyprus and the Astrobank the balances of the outstanding loans - and pay the vendor the difference between the agreed price and the amount paid to the banks.

See paragraph 5 in my article New specific performance law increases safeguards.

Regards,
Nigel, that would be the case if he was buying off plan, but from what has been said he already has the property and paid for.

Secondly, it depends when the liens were registered. If they were registered BEFORE your contract then the bank has first charge, if after your contract these don't affect you and if you look at the search it may even tell you the share of land for which it applies.

Either way, the only way to get your deeds would be via the trapped buyers law as I don't foresee your developer producing them.
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