Νο.339
Q.: Sir,
I hope I am writing to you at the right address as I have a question to ask via your column in the Cyprus Weekly.
We had a house built at Nata, (which has still to be transferred into our name) and included in the price was the cost of bringing electricity to the house. The cost for this was £11,000.00 cy which the builder paid from the money that we gave him. The application was made on 23/5/2005 and the agreement was signed and paid by the builder on 3/1/2007.
Since the construction of my house, another house has been built farther along the road and using the existing supply has since been connected.
It was the owner of this new house that suggested that since he was connected within five years of of my connection I can claim a rebate on my instalation.
I made enquiries at the electrical office and although they were very sympathetic they informed me that as the builder signed for the connection then it is only him that can claim the rebate.
As the the cost of the electrical connection was included in the purchase price of the house then I believe that I should be the one to benefit from any rebate.
As I am still in dispute with the builder about shortcomings in the build and don't have the best of relationships with him I was wondering if there was any legal obligation on his part to claim the rebate and pay it to me or would it just be good will on his part?

Yours faithfully,

J. M.

A.: According to the EAC regulations, it is the builder who paid the money, hence he is the one entitled to get the rebate. It seems to me however that you have a valid claim against the contractor to refund you the money, since it is you that have paid for it. Make sure that you have a clear agreement and proof that it was you who paid the cost and that the electricity cost of £11.000 was not just another item forming part of the sales price (in which case I doubt that you have a valid claim).
Regards,
A.P. Loizou


3/29917-td
10.5.2010

Νο.340
Q.: CONGRATULATIONS Mr. Loizou for your informative articles. Please keep on writing !!

I am the owner of a residential plot (1/2 share approx 260sq.m.) with an old house built in it.

Between my house and that of my neighbor (co-owner of the other ½) we have a 10 ft distance and a wall in the middle (5 ft each side).

Because renovation expenses are very high, and because the building factor is 120% , I am thinking of investing in my plot in the form of a small building consisting of 2 double bedroom and two single bedroom apartments.

What are my rights, if in the worst case scenario my co-owner neighbor refuses to approve my plans and does not co-operate ??

N.A.


A.: If your co-owner refuses it ill be a problem and taking legal action is the only way. You can develop the property using the ½ building density of the 120% and no more. Also make sure that during demolition of the existing building, no damage is caused to the co-owner’s property, since you will be liable. Thank you for your encouragement.
Regards,
A.P. Loizou




3/29928-td
11.5.2010

 

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