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Dividing Agricultural Land
By Antonis Loizou, FRICS 13 September 2009
As the situation stand at the moment, in most agricultural areas [i.e. non development areas], the development of a single house is allowed, having normally, a building density of 10%. An agricultural plot of a large size can be divided into smaller plots provided that each resultant land plot has a right of way/public access as this was explained over our last article [Right of Way + House Development] . Dividing agricultural land in Cyprus requires another produce, that of the Lands Office and not through the planning Authorities. An agricultural plot can be divided in smaller plots, not less than 5 donums [6690 sq.mts.] and plots not less than 1 donum [1338 sq.mts.] if the land is classed as wooded, or as irrigated land. So, if within the whole [not part only] plot, there are trees [of any sort and age] the field could be divided into smaller 1 do plots. The same goes for irrigated fields which are irrigated by a private borehole [licenced as such] and provided the capacity of the water is satisfactory [as this will be checked by the Lands Office / Water Development department]. Water must be sufficient for the general use of the whole/original field. In case the land has no trees, you may proceed to plant the field [usually with olive trees which withstand the dry weather conditions] and then invite the lands office for inspection. The trees need not be of mature age and 1-2 years of age trees will be acceptable. Bear in mind that notwithstanding the number of individual plots deriving from the division, only 10 plots can be built upon. So, if there are 11 plots, only 10 can be used for building purposes. Building on a field/divided agricultural plots needs care, however and we must stress from the previous article, on the distance/width of a right of way etc. Once the title is secured you can then apply to the town planning office for a planning/building permit. You do, of course appreciate that being an agricultural plot, no potable water can be made available [which in numerous cases the local Muchtar provides, be it not in accord with Governmental policy]. Public electricity will be provided as of right, be it at a cost, but telecommunications connection can be provided if there is a close by network. Some local authorities refuse to undertake refuge collection and you must appreciate that the right of way not necessarily being made up, you might find problems during the rainy season, dust etc. Also you must remember that although your title deed may refer to X extent, out of this a small part is ceded as a right of way for the other plots’ owners to pass over. These resultant agricultural plots are locally named as “agrotemachia” and are to be found in all sort of locations. The hills north of Potima area [Pafos - near Coral Bay] is a typical example, as is the Philimeni area, north of Mouskis Hotel at Larnaca District etc. This form of “building plots” is a low cost/cheap alternative by comparison to the ordinary building plots but they have their drawbacks. This sort of division is usually used for holiday homes in distant localities and for those who wish to have a plot for an outdoor get-away, sougla place. Another point to consider is that non EU-members might meet difficulties in getting a Governmental approval to acquire such plots [not if a house is built on] bearing in mind the policy not to dispose agricultural land to “foreigners”. This sort of development causes all sorts of planning difficulties and it is a nightmare for the local planners. This type of “agricultural” building development, increases pressure on the Government to provide them at a later stage, with services and made up access, but as the law stands at the moment, this sort of division keeps going on. The reasoning behind this procedure, is that agricultural land plots of a large size to be able to be subdivided into smaller plots, so that a local farmer can pass on to his children whole share titles in smaller lots. Over the years however, this part of the law has been grossly misused and although we do appreciate its usefulness in many respects, it encourages bad planning and an anarchy development of the countryside, it creates long term difficulties in planning of the infrastructure etc. So, care is needed when you are considering buying/developing on such agricultural plots and if you are keen to go ahead, check the development parameters through your valuer/architect prior to commitment. |
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