Mortgage payment in arrear

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Νο.137
Q.: Dear Mr Loizou,
We find ourselves in need of some honest and impartial advise. As you were the obvious person to ask could you please give us your comments on the following problem. We purchased our apartment off plan and after completion had the chance to purchase a studio on the same complex. We were told by the builder that although the studio was fitted out as a studio on paper it was called a storage room. He also said that this meant we had to have it on our title deeds as it could only be sold to someone with another property there. We were also told by the salesperson that once we had the deeds we could alter this situation and make it a studio on paper. We took this to mean a 'change of use' application the way it was explained. We were certainly under the impression that after the deeds we would be able to alter the paperwork and maybe separate the two properties. After all we did pay for a studio and not a storage room as this would have been cheaper. The builder has since denied we were told this.
The studio is in a different block with its own electric and water supply so is not connected to us as such.
We need to know exactly where we stand with the situation, are we stuck with the two properties on one deed or is there anything we can do?
Whatever you tell us as least we will know the truth of our predicament.
Thanking you in anticipation of your advise.
Yours faithfully
Susanna Blackstone
Paphos

A.: You were sold a store and the developer is correct that this should be registered on your main flat deed. Stores may not have a separate title. I hope that during the inspection by the authorities, the inspector will adopt it as being a store (presumably according to the building permit) since if the developer insists that the store changed its use into a flat, you will not get a certificate of approval and hence no title for it and your apartment. It is not a matter of licensed change of use, but what the building permit stipulates. So if the permit is for a store, it will be registered as a store attached to your apartment – Depending on the conditions of the permit, I doubt that you can secure a change of use. If however you use it as a studio and provided no report is made on this “illegal” use, it is the sort of thing that it is done “on the quite”. So you will not have two separate titled properties.
Regards,
A.P. Loizou F.R.I.C.S.
(3/29111-td)


3/29093-td
27.8.09

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