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Could north court ruling have significance for south?

In a case that that may be significant for those living in the south of the Island, a Norwegian lady living in the occupied areas of Cyprus recently won her case against a landowner and the ‘TRNC’ Ministry of the Interior.

A NORWEGIAN lady living in the occupied areas of Cyprus recently won a court case against the ‘TRNC’ Ministry of the Interior for its alleged negligence in allowing a development to be constructed without Planning Permission.

This is believed to be the first case in which a purchaser has successfully brought an action against a ‘TRNC’ government department for failing to regulate the construction industry. If the ‘TRNC’ government fails to appeal the case or looses an appeal, the ruling will have wide implications for home buyers in the occupied areas who are in a similar position.

Significance for the south?

The construction industry in the south of the Island is also unregulated. Some developments are constructed without the required planning permission or building permits; a situation has led to misery, heartache, and financial loss for many.

In efforts to help alleviate the situation, the government introduced a ‘Town Planning Amnesty’ in April 2010, which lasts for a year. Under its provisions, minor planning infringements may be legitimised although serious infringements will prohibit the sale or transfer of the property concerned.

But properties continue to be built in flagrant violation of the Island’s planning laws because, it appears, that those charged with policing them are either unwilling or unable to seek out and take action against the offenders.

Perhaps the Island’s legitimate government should take note of events in the ‘TRNC’ before it too ends up in court charged with negligence.

Readers' comments

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  • out of the frying pan into the fire says:

    Hindsight. What wonderful words.

    I would never have brought either.

    And it is right they cherry pick what suits them, because they know small people can’t take them on.

    They wear you out mentally and drain you of every penny.

    Then they wonder why they get a bad press overseas.

  • Gavin Jones says:

    In a word, NO.

    The Republic cherry picks whatever laws that suit and flouts those that don’t. Although the following example is unconnected to the situation in this article, it proves the point that we live on an island which is lawless on both sides of the divide.

    A couple of years or so ago, the European Court of Human Rights ruled that the Immovable Property Commission (IPC) in the north was an acceptable local remedy for refugees on both sides of the Green Line to resolve their land and property issues.

    A well publicized test case involves a Greek Cypriot swapping his land in the north with Turkish Cypriot owned property in Larnaca.

    When he went to register the arrangement at the local Land Registry, they refused to do so. The matter has been referred back to the ECHR and a decision is imminent.

    By refusing to acknowledge the ruling of the ECHR, Cyprus is blatantly ignoring a higher legal authority. The state is therefore hanging the refugees out to dry and cynically using them as political pawns.

    In short, Cyprus is breaking international law let alone local laws.

    For the record, I’m involved in a similar situation to the above and like many thousands of others, my human rights are being abused.

    I rest my case.

  • Peter says:

    And the South went to such lengths with the Oram’s to get the ruling accepted on both sides. Watch them now say this doesn’t apply to us as it was a decision in a non-EU country.

  • Disenchanted says:

    As you say Robert Briggs with hindsight I would never have bought here. The Cypriot mentality, both Turkish and Greek Cypriot, is to make as much money as quickly as you can and hang the legitimacy of it. It starts at government level.

  • Robert Briggs says:

    As far as I am concerned its 6 of one & 1/2 dozen of the other. On hindsight I would not have touched any property here with a bargepole!

  • The views expressed in readers' comments are not necessarily shared by the Cyprus Property News.


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