Building on communal land

[Anne1]

Hi, we don't have a management committee, but our developer was Pafilia so we have BlueOrange as managers. Title Deeds aren’t available as yet, we’ve had the apartment for 12 years. BO are building a cafe /bar on the complex taking over a play area which as it’s in the main area ‘courtyard’ of the apartments and pool is communal land. We didn’t know anything about it and have asked BO for info but BO are blaming the owners - we believe in the hood it becomes a fait accomplis. It’s a residential complex, but Pafilia went in to a joint venture with a Ukrainian who bought 20+ apartments and rent as apart-hotel accommodation. Far from ideal, but they pay their fees. We believe the cafe / bar is another facility for the hotel to promote, but the other owners don’t want the risks of unsolicited folks on site, using the pool etc, and there the risks of glass etc poolside. Does anyone have any ideas how we can stop a build on communal land, who we need to speak to and how we go about it? Thanks.

[Nigel Howarth]

Hi Anne and welcome to the forum.

If you've had the apartment for 12 years, you and the other buyers should apply for the Title Deeds as described in my article at https://www.news.cyprus-property-buyers ... d=00126681

I note that you do not have a Management Committee. According to the law "All jointly-owned buildings must have a management committee which regulates and manages all relevant affairs." It's essential that you form a committee and hold a vote on the proposed café/bar.

You can find the law, which details how to set up and run a Management Committee, at https://www.news.cyprus-property-buyers ... gs-law.pdf It's essential that the Management Committee is established precisely as stated in the law.

You should also enquire at the local Planning Office to see if applications have been submitted (and approved) for planning and building consent. (If there are none, you should report what's going on to the planning office.

Regards,

[Pantheman]

In addition to what Nigel has said, you cannot just take up apartments and make a Hotel Apartment business, you need to be licenced by the Cyprus Tourism Office, you need a permit from planning for such a project and certain rules need to be followed, certainly in terms of fire safety etc etc.

You could complain to the:

1. Planning office
2. The council
3. The fire department

In addition, if they are building on a green area, you may never get title deeds!! But, form a committee, but simultaneously complain to the 3 offices above. Get a lawyer to draft the letter (whatever the cost) and send it recorded delivery.