UNDER the temporary provisions of the Town Planning Amnesty, those wishing to have planning irregularities that result from overbuilding are required to pay a ‘compensation levy’ (penalty).
This penalty is based on the extent of the overbuilding, which must not exceed the parameters defined by the relevant laws.
Under the Town and Country Law, the excess density should be no more than 30% of the allowed density for the area or zone, providing that the total area of the approved footprint of the building has not been exceeded by more than 10%.
Under the Streets and Buildings Regulation law, the excess must not exceed 10% of the allowed density for the area or zone, half of which must be accommodated within the building’s approved footprint. (In cases where the irregularities are very severe, the Building Authority has the power to issue a certificate of unauthorised works, requiring the Department of Lands and Surveys to register a note on the title. This note will prohibit the transfer of the property to another person.)
(Please view ‘Planning Amnesty Explained‘ by Yiannis Koutsolambros for a full explanation).
The compensation levy is calculated by multiplying the extent of the overbuild, in square metres, by the value shown in columns 5 or 6 of the tables below. (The tables are in Greek, but it is relatively straightforward to translate their contents using Google Translate or Yahoo Babel Fish).
Tables for properties located in:
- Famagusta (all areas)
Note that planning infringements due to reasons other than overbuilding, may be legitimised without incurring a ‘compensation levy’.
@Alan – (V)Oroklini is part of Larnaca town and the penalty payments are listed in that section under ΒοÃÂÌκληνη.
Nigel (or anyone): any idea why (V)Oroklini Village does not appear in the penalty tables as a Larnaca Village?
(V)Oroklini telephone numbers are also not listed in the CYTA directory/yellow pages whereas other Larnaca villages are.
We do exist – honest.
@Kufrahdog – I think there are some mis-understanding concerning the amnesty.
Providing that the overbuild falls within the limits set by the amnesty, a ‘normal’ Title Deed will be issued.
It is only in cases of very severe planning infringements that the authorities will issue a ‘Certificate of Unauthorised Works’ that will result in the Land Registry registering a note on the title prohibiting the transfer of the property. (But your beneficiaries can inherit the property through your Will).
@Costas – You do not need a lawyer to submit a statement of intent or a full application. All that an architect/engineer is required to do for a statement of intent is to swear that the property existed on 7th April 2011.
If you bought the property from a developer, he will be able to advise you whether Planning and/or Building Permits have been issued and supply you with the relevant references; he will also be able to advise you of any problems that may have arisen.
The authorities can impose heavy fines on developers who fail to co-operate.
You can sue the developer (which will need a lawyer) to cover your costs and legal & court fees.
The penalty payments do not to to government – they go to the local authority.
Basically they want to charge you to go through the ‘temporary’ planning amnesty process, which will benefit the usual suspects (Lawyers & Architects)
Then they want you to pay for any planning infringements, which benefits the Government, and probably the Lawyers again.
My guess is that if they’ve not caught enough mugs in their Planning Amnesty fishing nets by the 7th October, they’ll possibly decide to extend this deadline to the great relief of some more mugs who think they’ve left it too late.
Kufrahdog,
1. Zoning for towns and cities is already out, published in the web page of the Ministry of Interior. Regarding the countryside and villages (the distinction is not as simple, have a look at the relative maps) it will be a while longer. Irrespective of all that, when you apply for overbuild you also apply for a “standard” planning permit. This means that your application will be examined with the zoning provisions at the time of its examination and the overbuilt will be defined then.
2. If you pay your fine, a proper planning permit is issued. No tainted stuff. What kind of an amnesty would it be otherwise? The buyer can also apply for amnesty or a certificate of completion (and then title deeds) for his specific property independently, provided his contract was or will be submitted to the Dept of Lands and Surveys beforehand.
3. If your overbuild is higher than 30% of the allowed density you can not apply for the amnesty provisions, so no fines can apply. You can follow the older regulations for a relaxation issued directly by the Council of Ministers.
I hope this helps.
Nigel,
1) Could you please say how fining owners for overbuilds is a remedy when the government intend to announce re-zoning later this year or early next year (2012). Re-zoning upwards (ie 20 % to 30%) would have the effect of nullifying or reducing the degree of overbuild.
2) An owner (ie developer) having paid his fine would receive tainted title deeds before they could be transferred to the buyer. What about buyers rights? Could a buyer apply for a court injunction to stop this happening?
3) Are these fines applicable to overbuilds which exceed 30% of the permitted density?
Would be grateful for your comments.///