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12th November 2024
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HomeNews MenuLatest News & UpdatesPlanning permission axed: Decree, Details & Applications

Planning permission axed: Decree, Details & Applications

October 2 saw the Interior Minister’s decree come into force that axed the requirement to obtain planning permission for low-risk developments, such as the construction of one or two residences providing certain conditions are met.

The announcement of the decree. which was first in published in ekathimerini, lacked quite a bit of detail. I’ve translated the decree (below) and I’m grateful to Panayiotis Panayides of FSB Properties Ltd for his input.

Planning permission decree

The Minister of Interior, exercising the powers granted to him under the provisions of Article 22 of the Town and Country Planning Law, issues the following Decree:

  1. This Decree shall be referred to as the Town and Country Planning (Residential Development in Plots and Plots under Creation) Special Development Decree of 2024.
  2. This Decree applies to every plot [ikopedo] and plot under creation located in Residential or Tourist Zones, in Housing and Office Zones, Holiday Housing Zones, or other areas where residential development is permitted, within the boundaries of the Development Plans.
  3. Unless a different meaning arises from the context, the terms used in this Decree have the meaning assigned to them by the Town and Country Planning Law, the applicable Development Plans, as amended or replaced, and the Town and Country Planning General Development Decree. The singular includes the plural. It is understood that, for the purposes of this Decree, the term “Law” means the Town and Country Planning Law of 1972 to 2021, as amended from time to time.
  4. (1) In addition to the developments permitted by the Town and Country Planning General Development Decree, on any plot or plot under creation falling under the provisions of this Decree, residential development of up to two housing units, either in a single building or independent buildings, as well as auxiliary buildings related to it, shall be allowed only with the issuance of a Certificate from the Urban Planning Authority, following the procedure recorded in paragraph 4(2), provided that all the following conditions are met:

(a) The plot or plot under creation is not affected by any plan for the opening or continuation of a road network,

(b) The number of housing units on each plot or plot under creation does not exceed two in any case,

(c) The building complies with all the essential provisions of the Development Plan applicable to the area, as well as the relevant provisions of any Regulation, Decree, or Order issued in accordance with the Law,

(d) No discretionary power of the Urban Planning Authority is sought concerning exceeding the height or number of floors set in the urban planning zone, exceeding the height of fences, reducing distances from boundaries, or any other deviation from regulatory provisions,

(e) The plot or plot under creation is not located in a Special Character Area (SCA),

(f) There is no building on the plot or plot under creation for which a Preservation Order has been issued under Article 38 of the Law,

(g) The development does not have access from an intercity road or a road of primary importance,

(h) The title deed does not record that the plot/plot under creation is affected by a right in favour of third parties or an easement from cables, pipes, etc.

  1. (2) For developments permitted under this Special Decree, and for the purpose of ensuring compliance with its provisions and taking responsibility for the submitted information exclusively by the designer, the designer will submit to the Urban Planning Authority a completed form titled Responsible Designer’s Statement/Urban Planning Authority Certificate, attached herewith.

The form, along with the other required documents (as listed in ANNEX I of the form), will be submitted and electronically managed through the “IPPODEMOS” information system.

After verifying that the submitted Statement falls within the scope of the Decree, as well as a strategic review of the basic aspects of the proposed development (building coefficient/coverage ratio, number of floors/height, distances from boundaries, parking spaces, auxiliary buildings), for which the designer is responsible, the Urban Planning Authority will issue the Certificate within 20 working days from the date of submission, or will reject the application for a Certificate if it determines that the application does not fall within the scope of the Special Decree, or does not comply with the provisions relating to the basic aspects of the development. If the Urban Planning Authority does not issue the Certificate within 20 working days, the Certificate will automatically be issued through the “IPPODEMOS” information system, stating that the planning permit is considered granted, with the responsibility of the designer, should the submitted plans and documents be incorrect.

The Responsible Designer’s Statement, along with the Urban Planning Authority Certificate, as mentioned above, will then be submitted to the competent Authority (along with all the required plans/documents/details) for the purpose of obtaining a building permit.

  1. (3) No development is permitted under this Decree if:

(a) It violates a condition imposed on a permit granted by the Urban Planning Authority,

(b) There is an illegal building on the plot or plot under creation (unless it is proposed for legalization with the application),

(c) There is or has been approved another non-residential development on the plot or plot under creation,

(d) A change of use of an existing building from non-residential to residential is planned,

(e) Its execution requires or entails the configuration, opening, or significant widening of access to an intercity road or a primary artery.

  1. (4) In cases where discretionary power is sought (paragraph 4(1)(d) above) or in other special cases mentioned in the Responsible Designer’s Statement/Urban Planning Authority Certificate, an application for a planning permit will be submitted using the planning certainty process, in accordance with Order 2/2020 (amended 2024).
  2. Every six months, the Urban Planning Authority will conduct random checks on 10% of the submitted applications and inform the Cyprus Scientific and Technical Chamber (ETEK) and the Ministry of Interior of the results of the sampling. If, during the Urban Planning Authority’s review or when the competent Authority examines the building permit application, or at any subsequent stage, it is found that incorrect information concerning key issues was declared, the Certificate referred to in paragraph 4(2) above will be revoked, and ETEK will be informed for the imposition of penalties according to the relevant legislation, along with the submitted professional insurance Certificate. The competent Authority will also be informed.
  3. (1) If the Urban Planning Authority deems it necessary that no development specified in this Decree be carried out in any particular area, or that no specific development should proceed unless a planning permit is granted following the submission of an application for that purpose, the Urban Planning Authority may issue an Order to ensure that the process of securing the Certificate provided under paragraph 4 of this Decree does not apply to that area or development. (2) For any Order issued by the Urban Planning Authority under subparagraph (1) above, the provisions of subparagraphs (2) and (3) of paragraph 4 of the Urban Planning and Spatial Planning General (Basic) Development Decree shall apply.
  4. This Decree shall come into force on 2/10/2024, the same date on which the amended Order 2/2020 shall come into force.

ETEK engineers form (illustrative purposes only)

Responsible Designer’s Declaration / Urban Planning Authority Certificate

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