No building permit

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rainey
Posts: 1
Joined: 21 Jun 2020 11:07

No building permit

Post by rainey »

Hi we bought a villa in 2004 and found out last year that it is illegal
It should have been a shop.
The solicitor, estate agent,builder (now bankrupt) were all in cahoots
Solicitor has said he’s not to blame
We feel he is to blame - especially for not submitting approved plans with land registry
He said he is arranging a meeting for everyone to discuss way forward
Planning department, himself,mayor, architect and us
But no sign of this
And we must pay for his errors
Wot should we do please?
Thank u
Nigel Howarth
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Posts: 2534
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: No building permit

Post by Nigel Howarth »

Hi rainey and welcome to the forum.

It's not a lawyer's responsibility to submit plans to the Planning Department - it's the developer's responsibility (and your problem has nothing to do with the Land Registry.)

I expect you bought off-plan before the permits were issued? You can check by looking through your contract of sale. I expect it contains a clause along the following lines:
  • The vendor hereby declares and warrants that he shall obtain a building permit from the appropriate authorities...
(or perhaps)
  • The vendor undertakes and agrees with the purchasers to carry out the developmenat and construct the property together with all necessary works in accordance with the approved plans...
If you would like me to look through your contract, I'll need you to send me a scan or a clear digital photograph by email.

Click on 'Contact Nigel Howarth' below and I'll reply with my email address.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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Pantheman
Posts: 617
Joined: 26 Jan 2008 14:44
Location: Famagusta District
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Re: No building permit

Post by Pantheman »

It is possible to apply for a planning permit for a change of use as a villa. Then apply for the building permit.
All retrospective.
Usually permits are easier to obtain when the property has already been built. You will need new plans though. A good architect/civil engineer could do this for you.
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