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Panic over Misinformation
By Antonis Loizou, FRICS 12 July 2009 Perhaps, we are the first firm that we have pointed out to the last 3 Cyprus Governments of the emerging danger of the non issue of titles and the delays that relate to the issue of building and other permits. We have submitted several proposals to the Governments in power at the time, suggesting not only the way to solve the problem, but also giving details and costings on how this problem could be resolved. We placed our bet on the last Minister of the Interior Mr N. Sylikiotis, whom we met 3 years ago (he was not a minister for 1½ year), who offered us a listening ear, but also we got the impression that he understood what we were talking about. Our constant nagging with articles, letters, joint seminars and meetings, but also with the help of other pressure groups, it appears that things are at long last moving. Our last meeting on the 22/6/09 when we presented our 4th edition on the Cyprus Building Industry Index (which was attended by the Minister) and the Minister’s declaration on pending submissions of new legislation, are good news, notwithstanding the fact that we have told him (the Minister) outright, that some of his proposals we found as being non practical, whereas others which were based on our own past suggestions, were more advanced and far reaching than ours - Well done Mr Minister. The publicity that was/is being given on the title deed situation is great on the one hand, because it exerts pressure on the Government, but on the other hand it is also upsetting for property owners and others, because it gives a very bad impression that the Cypriot building industry is in a mess, affecting also those property owners with no problems. Of course there are problems, but the situation is not as bad as it has/is being projected, in particular as this is represented by the local English speaking press and the foreign buyers, who believe all sorts of misinformation that is being served. We do not blame those who exert this form of pressure by one way or another, but we are amazed by the quotations by some writers and email-website enthusiasts, referring to the relation of the article 23 of the Cyprus constitution in relation to the delays on the issue of titles (absolutely unrelated) the charge of the annual property tax and fraud and thus a police matter (absolutely unrelated) and other common sense, but non related legal issues on the title subject. We will like to read the names of the “esteemed” legal brains that offer this sort of advice and permit us to say that this advice is incorrect (in our opinion), panicking people for the wrong reasons. We have of course some other “legal brains” who are encouraging court action in the U.K., which will not lead to anywhere, but it will cost thousands of euros in legal and other costs to those who take this action, for the benefit perhaps to those who provide this advice(;). Is there no law in the U.K. of misleading information by others? For any other foreign court, but especially the European Court to take any sort of action, all lοcal (court) means in the original country must be exhausted first (see Orams case etc). So, please, those who publish this sort of information might make them feel good, but bear in mind those hundreds of other well meaning people who might believe you at their own cost. Of course we have no problem to exert any pressure on the Cyprus Government, on developers and others, but this action must be undertaken within the parameters that stand a chance of success based on local attitudes. As the Minister of Interior said in an interview in the Greek press “….. I am not absolutely certain whether this pressure group has other targets at heart …..”. We have warned any person/action groups who handle this sort of political pressure that it must be done in a way that local politicians will be prepared to listen. The recent demonstration at Peyia with placards stating “Shame Mr President” and other suchlikes, has been misunderstood - So we are all for in keep up the pressure, but for those of you who undertake upon them this, care is needed. It is correct to say, that, to an extent, the present day system legal covers most of the buyers, provided of course they take the legal steps/sign the contract which covers them. Some buyers are overcomed by the holiday spirit and do not bother on the details, whereas, others (and this is more serious) are mislead by local lawyers. For those who are thinking of buying a property, please try to follow as much as possible our “10 Building Commandments”, published as such in our website. For those who are having a problem with the title issue, the law as it exists at present provides the remedy, to seek a court order or seek an administrator appointed by the court, who will make sure the titles are issued. Failure of a developer to follow the court order may lead him to prison – In such cases the buyer must prove that the developer has not/is not taking the necessary steps for the title issue. For those who are charged the annual property tax, can choose either not to pay (if the developer does not pay the tax to the authorities) or pay under protest and/or appoint a joint valuer to have the property assessed as at 1.1.80, so at least you know where you stand. The final adjustment can be made when the title deed issue is made. |
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