The amnesty applies to all buildings
that have been erected with a town planning/building
permit and are completed prior to 8/4/2011 and without
a certificate of final approval.
If the registered owner/developer does
not take action to secure the certificate of final
approval, any purchaser/co-owner can apply for it.
It applies to buildings which have an
unlicensed increased building density up to 30% over
and above the density stated in the permit of the
whole building/project, but provided that no more than
10% is an addition from the originally approved frame
– i.e. if a house has a covered verandah (say 20
sq.mts.) plus 20 sq.mts. of basement and the total
extent of the house was 200 sq.mts. and the owner has
close the verandah and the basement to become part of
the house (i.e. a total of 40 sq.mts. (i.e. 20%) and
if an extension took place up to 20 sq.mts. (i.e. 10%)
in addition this will be also covered.
Eligible for the amnesty are also
buildings which do not have the required distance from
the boundary/between buildings, as well as if the
height is in excess as well as the floor numbers and
the coverage percentage.
Also the provision of a reduced parking
no., non completion of division works, in case of
boundary distances are items covered by this amnesty.
It can also apply if other occupiers in
a common project have carried out illegal alterations.
Those who are correct can apply for the certificate
even if other parts of the project are in the wrong.
A certificate of approval can be issued
if minor alterations (without a building permit) have
been carried out and these may not be so recorded on
it/title. If the alterations are more serious, this
will be so recorded on the title under this heading.
In this case no transfer will be allowed on the name
of the owners unless the illegalities are put right.
If a developer cannot meet his building
permit obligations, the buyers can undertake the works
and pay for it and sue the developer for the cost.
If neither the developer/buyers cannot
undertake the works (e.g. completion of roads) the
local authority may do it and charge the developer
If the alterations affect the amenities
of the neighbors, approval might not be forthcoming –
and/or the authority might ask for accommodating works
so that the illegal alterations have a minor affect.
Anyone who wishes to be considered
under the amnesty must submit details of the
alterations that wishes to be covered by the amnesty
to the District Committee which will be set up in each
District – preferably with the help of an
engineer/architect by the 10/2011.
Titles will be issued on the name of
the original owner (e.g. developer) but the local
authority may transfer property direct to buyers with
the original owner’s consent. The buyers might ask
through the courts the transfer of property on their
own name regardless of the consent of the original
owner. These provisions apply if the buyers met all
their obligations under the contract.
Permits which have lapsed may be
extended. The total period may be extended up to 8
years for individual units and up to 12-18 years for
A change of use that has taken place
may be allowed if the “new” unlicensed use is more
suitable i.e. a conversion of a flat to an office may
be allowed if the zone so permits, but not the
conversion of a house into other uses e.g. converting
a house to a restaurant.
The amnesty refers to
residential/holiday home projects and for touristic/
commercial projects provided the total building
density is less than 1.000 sq.mts.
Interested parties must submit their
intention to apply for the amnesty within a period of
6 months i.e. up to 8.10.2011 and have a period of 3
years to actually submit an application ending on
If what you required is additional
building density, the applicant must pay a
compensation which equals to the value of the density
E.g. if a building plot having an extent of say 1.000
sq.mts. value of €100.000 and the building density is
100%, it means that the density value is €1.000/sq.m.
So if you require an added 20 sq.mts. density, you
must pay €20.000 – less 20% discount if an application
is made within one year and 10% for the second year.
No discount for the third year and afterwards.
Serious alterations which will be so
recorded on titles (not minor) and in such cases the
owner/developer will not be able to transfer the deed
to third parties, unless these “serious” alterations
are removed. An exception is made for forclosures.
The deposit of a sales contract is now
extended from the 2 month period (from signing) to 6
months. Existing Non deposited sales contracts have
now six months period to deposit.
The vendor of real estate must deposit
himself the sales contract with the Lands Office prior
to any mortgage on the property, provided the
purchaser abide by the terms of the sales contract.
For existing mortgaged properties, a
buyer may pay the analogy of the debt to the lender
and the lender must accept this providing a mortgage
release to the buyer.
Specific performance may be so
considered by the court even if the contract is not
deposited at the Lands Office and or the agreement is
verbal provided it is reasonable for the Court to do
so. This can be done if the rights of other parties
which are registered prior to the decision are not
A specific performance order may be
issued with conditions regarding the securing of
Assignment of sales contracts can
deposited at the Lands Office
Independently of the planning permit,
the local building authority may issue a building
permit if the internal layout has changes,
different layout of parking, door/window openings,
position and size, the building’s height, fence height
etc, provided the amenities of neighbors are not
Unexpended building density in a
project may now possess a separate title to be used
either within the project or to be transferred to
Shareholders in common (undivided
shares) may sign not necessarily together any
applications if the applicant can prove that the
application relates to his own share.
The local authority can now issue a
stop order if a development is without a permit – with