Νο.188
Q.: Dear Mr Loizou,

Until recently it has been possible to visit the Planning office in Paphos and request to see the plans of any development which being, or about to be, built which is adjacent to our property.

It appears that this is no longer the case. There is a proposed developement numbering in the region of 20 town houses very close to the centre of Tala village. This will affect a large number of village residents.
When I went to the planning office to request to see the plans of this new developement I was told I I was "not entitled" to see them. I then asked if I could see the Director of Planning for the Paphos area, who also told me that I was "not entitled" to see any plans whatever the circumstances.
I would appreciate any comments you may have on this subject or any advice you can offer me.

Regards Mike Thompson

PS keep up the good work.

A.: The planning office is correct, based on the local laws and planning procedures. I suggest that if you come to know who the developer is, pay a visit pretending that you are an interested possible buyer and you will get all the information you want. In Cyprus, giving out information on property belonging to others, is not allowed under the privacy/personal date laws etc. Thank you for your encouragement.
Regards,
A.P. Loizou




3.11.09
3/29346-td
 

No.189
Q.: Dear Mr Loizou,
I read with interest the article in the weekly regarding registering committees. We are a complex of 11 houses and we are experiencing difficulty collecting common expenses from some of the residents. We have also been told by the Land Registry that we cannot register our committee due to not having title deeds and therefore are unable to force anyone to pay common expenses. Some of the residents are suggesting that we hand the running of the complex over to a management company as they would be able to take residents to court to obtain outstanding debts, but my fear and experience of friends and family tells me that by doing this you hand over total control to a managment company who promise much and deliver very little.

Your comments would be greatly appreciated.

Alexandra Timmis (mrs)

A.: I note what you say. The Management Co will be in exactly the same situation as you are. In order to take legal action, you must have an administrative committee registered with the Lands Office. As such you will not be better off. Depending on the terms of your sales contract, the developer may be able to help (if he is accommodating) by suing the non payers for breach of contract etc etc. A mess I am afraid Alexandra and this is the result of most sales contracts not referring to the administration afterwards.
Regards,
A.P. Loizou



3.11.09
3/29345-td

No.190
Q.: Dear Mr Loizou

Registering Committees

Thank you again for more very relevant information in your column.
I see from your advice to Mr Oratis that “should you like to take legal action against any resident, the committee must be so registered giving it a legal status for its action”. As administrator I am taking such action, and our committee is not registered. I had similar experience to Mr Oratis, as both the Lands Registry and my solicitor said registering was not necessary. Now in court the defendant is questioning non-registration (in his defence), but my solicitor still says it does not matter. This could be an expensive mistake for me and the committee. Mr Loizou, where should I (and Mr Oratis) turn for definitive confirmation?
Thank you.
John Horner

A.: In order for you to have legal powers under the common expenses law, you must have a registered (with the Lands Office) committee. In order however for the Lands Office to accept this committee, titles must be issued. Unless your solicitor is taking legal action under a different law, he is mistaken.
Regards,
A.P. Loizou





3/29352-td
4.11.09

No.191
Q.: Dear Mr Loizou,

My Building Permit allows for the building of 2 houses.
I have completed the first house, but not yet started the second.
The Building Permit expires next month.
Can you tell me if it is necessary to renew the permit, as I am told that having started to build, the original permit is sufficient? But I do not want to risk losing the permission.

With many thanks for all your help through Q & A in the Cyprus Weekly.
Very best wishes
Valerie Smith


A.: Yes, do apply for a renewal of the permit, since you have already started the work.
Regards,
A.P. Loizou


3/29354-td
4.11.09

No.193
Q.: Dear Mr. Loizou,

Gaining Access to Building Land.

Whilst this is a personal problem, it is also a general issue which may affect other landowners in a similar situation.
The land we own is in the village development zone with 90% building density. However, it is separated from the public road by a 300m2 plot of land and hence we have no access, thus preventing any planning/building permit. We are aware of the normal procedure to gain a right of access from the owner(s)of the land, we have the application form to do so, but here is the problem!
The title deed of this land shows there are 3 owners, each having a fraction of the whole, but because the plot is small it cannot be split into their specific shares. We have identified one of the joint owners, but the other two have been deceased for several years and the title has not been changed into the name(s) of the new owners.
Is there any process by which we can serve notice on the "unknown" heirs of the deceased to agree a compensating fee for establishing a right of access to enable us to build?
We had in mind a notice in the village and area generally, plus placing one in a couple of local Greek language newspapers for a reasonable period of time (say 2 months). If no one comes forward then the standard compensation the Land Registry would have assessed in normal circumstances would be paid by us and held by a lawyer to compensate any future "claimants".
You have raised in the past the issue of the release of unused land to help make housing more affordable. The situation detailed is keeping a donum of prime building land from use and keeping land prices higher than they perhaps could be.
Your advice would be greatly appreciated.
D & R. Alan.
Polis.



A.: According to the Lands Office procedure, unless the owners are abroad (special procedure is needed) you must serve the co-owners etc with this notice. You can appoint one of these chaps who sit outside the Lands Office with a little table to undertake the procedure. Usually he will secure from the village Muchtar the names, addresses etc including the names of descendents etc. The Lands Office will not proceed unless the notices are served I am afraid. All the best in your efforts.
Regards,
A.P. Loizou





3/29357-td
5.11.09

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