Legal questions answered by Cyprus property lawyer Louise Zambartas

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Post by demetris »

Property purchased off plan in 2005 (there was no refernece in sales agreement as to when deeds will be ready)….property sits on a 500m2 plot 1 of 4 identical properties…after years of pressing on deeds with no luck:

Aug 2014 transpires due to a major building infringement (specifically a wall with adjacent plot having no planning permission) certificate of final completion denied, division permit exists but division halted

District admin technical team confirmed if plans for remedial work/rebuild to acceptable spec for the wall alone can be submitted to them we can then proceed to division (if the wall plans are approved and works done). The rest of the properly is fine.

Developer missing since the unauthorized works certificate issued

1.District admins take on this bearing in mind they cannot locate developer either, is perhaps if we as buyers(alas only 2 of us) have financial means to get an architect involved, submit the plans to the district admin and take it from there
My concern is if even if we could do this….the next steps acquiring deeds would involve developer paying the c.g.t and i.p.t and any outstanding taxes to local community council , is this correct?

Personally I have been paying the community taxes refuse etc since purchasing place ….
Combined value of 4 properties is in the region of 630k and developer will be taxed IPT on this as failure to acquire deeds lies squarely with him….(tax office confirmed this saying had sales agreement mentioned explicitly buyer is liable for all taxes then I would have to pay)

Assigning a lawyer to a case like this I have been told is futile, firstly developer is evading all contact with everyone…..and will get into an never ending loop

2.In your view would proceeding with repairs to wall be a good idea?….and if financially possible to go ahead if plans approved

3.IF yes and wall is fine and approved & division takes place, and subsequently it is time for separate deeds BUT developer is missing what can I do….?

4.And if developer turns up but unable to pay all the taxes would buyers have to pay to all his taxes to ever see deeds?

Can anyone PLEASE shed light on the 4 questions posted? thanks
Nigel Howarth
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Post by Nigel Howarth »

Hi demetri

Louise is pretty busy these days and doesn't have much time to visit the forum these days.

I think the only thing you can do is sue the developer for 'Specific Performance'. If successful, the court may appoint someone to take on the role of the developer and do whatever is necessary to get the deeds issued, which rectifying the problems with the wall.

Unfortunately this will cost you money - but the court can also award costs. See point 8 of the article at http://www.news.cyprus-property-buyers. ... /id=008245

If you are awarded costs and the developer fails to pay, he will be in contempt of court (and could be jailed if he fails to pay).

Nigel Howarth
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