• In addition to that, other published plans define areas of outstanding environmental value, selected coastlines and nature protection areas, as well as areas of protected landscapes. 38
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A few words about the performance of the planning control system: • During the last five years, the system has come under intense pressure and backlogs of applications have been worsening continuously. 40
• Despite the legal obligation for any application to be examined and decided within a maximum period of three months by the relevant authority, in most cases decisions were not reached before 8-10 months. 41
• As a result, the Ministry of the Interior was obliged to take initiatives and introduce a considerable number of new procedural rules and norms, which were aiming for the updating, the simplification and the acceleration of procedures followed be planning authorities for examining applications. Since the beginning of this year, we have managed to bring down the period needed for assessing applications to 3-4 months and at this stage we are trying to stabilize on these results. 42
The Building Control System • As already mentioned, after the issuing of the planning permit, an application needs to be submitted to the relevant building control authority, which is defined by legislation. 43
The Building Control System… • In fact, every Municipality within its own administrative area, and the District Officers for the rest of the island’s territory are defined as Building Authorities . 44
• In this instance we have a mixed system of power allocation to both the municipalities and central government agencies, for areas other than municipal. 45
• Again, I need to stress that community councils, which are the second type of local authority in our administrative system, are indeed of a very small population scale and it is not really possible for every community council to be staffed in a sufficient manner, in order to be able to perform as building control authority. 46
• Applications for a building permit should in general be in conformity with the planning permit and the conditions included in the permit and the provisions of the Streets and Buildings Regulation Law and relevant Regulations, and the Building Authority. 47
Every such application is accompanied by the following documents: • The title deed of the land comprising the building site, 48
• A site plan of the largest scale Government Survey Plan showing: – The boundaries of the building site, – The outline of the proposed building or the alteration or addition to any existing building in relation to those boundaries, – The legal access to the plot, – The area of the plot and the area covered by existing buildings and proposed buildings, 49
• The Planning Permit, including the relevant conditions and the approved architectural plans, • Structural Drawings and Calculations, • Plans and Calculations for the electrical system of the building, 50
• Plans and Calculations for the mechanical installations of the building, • Sewage Plans and details, 51
• Other documents related to the authorization of the professional who is responsible for the design and the supervision of the building works on site, • Energy Efficiency Certificate and calculations. 52
• In terms of the statistics related to the operation of the building control system, I need only to indicate that during 2011, 9,000 building permits were issued by all Building Authorities. Out of these, almost 7,000 permits concerned residential buildings, 1,000 non-residential buildings, 400 Civil Engineering works and 600 building-plot parcellations (land division). • Total area = 3 millions m sq. • Total value = 2.7 bill. € 53
• The application is processed through a rather complex procedure, where both administrative and technical staff are involved. 54
• I will not go into the details of this procedure at this point. I only want to stress that long delays are the causes of intensive complaints by applicants, developers and professionals. 55
• In fact, in the legislation there is no limitation as to the completion of building control and the reaching of a decision by the building authority. It is for this reason that the Ministry of the Interior, has recently taken the initiative to discuss with building authorities, mainly the Municipalities, for the definition of such a period, by issuing a Ministerial Degree, which has been made possible after the most recent amendment of the Legislation. 56
• Consultations with numerous other authorities are amongst the most prominent causes of the long delays during the processing of applications. We, therefore, focus our recent work on the need to avoid all consultations which are not necessary for a decision to be reached and, in addition, on the need to avoid the duplication of consultations which take place during the exercise of the planning and the building control procedures. 57
• At the same time, the Ministry of the Interior is working in close cooperation with the Technical Chamber of Cyprus, a legal body representing all registered engineers, in order to provide a well structured series of seminars, specifically addressed to professionals in order to update their knowledge and understanding of the provisions of the legislations and the obligations stemming from it. 58
• A few years ago, we have signed a contact with the Technical Chamber under which the Chamber submitted concrete proposals for the introduction of Fire Safety Regulations for all types of buildings and a new, updated Regulation concerning the safe access to buildings, especially focusing on the needs of the disabled. 59
Problems occured • In Cyprus, there is no independent inspection of property as it is being built. It is the responsibility of the Engeneer in charge to monitor the construction & ensure it is carried out in accordance with the regulations and building permits. Independent inspection only occurs when the property's finished (which of course, may be too late). 60
Problems occurred … • Some property developers ignore the law and build properties before the required permissions and permits have been issued. People buying off-plan property are usually unaware of this (particularly if they've used the developers pet lawyer). Illegal building is a serious and widespread problem! 61
Problems occurred … • If the property developer has built illegally, the authorities have the power to issue a 'Demolition Order' requiring the illegal building to be pulled down! 62
I gnoring the planning law • As mentioned above, some property developers choose to ignore the law and start construction work illegally. This causes problems for those buying property; particularly for those who are buying off-plan. • Such problems include: 63
I gnoring the planning law … • The finished property may be different to that shown in the plan sketches or artist's impression (because the planning authority has required the plans to be changed).). 64
I gnoring the planning law … • The Cyprus Electricity Authority will not connect a property to the supply unless it's Building Permits have been issued. (You can see many blocks of apartments and other properties running off a temporary electricity supply provided by the developer). 65
I gnoring the planning law … • If the inspectors refuse to issue a ' Certificate of Final Approval ' , the issuance of Title Deeds will be delayed until the matter has been resolved. (This can take many, many years - even with Government amnesties). Illegal buildings may also be demolished. 66
I gnoring the planning law … Buyers ignore the planning laws • Property developers are not the only people who break the law - some property buyers also choose to ignore the regulations. They build swimming pools, add extensions and make other changes illegally. 67
I gnoring the planning law … • This illegal construction further complicates matters. Even though the developer may have constructed the development in accordance with the regulations, the inspectors will not issue a 'Certificate of Final Approval' until matters are resolved by the removal or demolition of the illegal changes 68
Buyers ignore the planning laws • Property developers are not the only people who break the law - some property buyers also choose to ignore the regulations. They build swimming pools, add extensions and make other changes illegally. 69
Buyers ignore the planning laws • This illegal construction further complicates matters. Even though the developer may have constructed the development in accordance with the regulations, the inspectors will not issue a 'Certificate of Final Approval' until matters are resolved by the removal or demolition of the illegal changes 70
Problems for the authorities • PAPERWORK AND CONSULTATION WITH TOO MANY PARTIES 71
Problems for the authorities… • DRAWINGS AND CALCULATIONS SUBMITTED DO NOT COMPLY WITH THE STREETS AND BUILDINGS LEGISLATION MAINLY BECAUSE : • Architects and Engineers do not know the legislation WELL enough, 72
Problems for the authorities… • There are no repercussions to applicants or their engineers for submitting incomplete or wrong documents. 73
Problems for the authorities… • DRAWINGS DO NOT SATISFY THE REQUIREMENTS OF OTHER DEPARTMENTS, • DIFFERENT BUILDING AUTHORITIES REQUIRE DIFFERENT DOCUMENTS, • UNDERSTAFFED. 74
Reasons that contributed to the construction of buildings without building permit • THE 1974 TURKISH INVASION • CULTURE UNDERSTAFFING OF BUILDING AUTHORITIES • • LOW FINES FOR ILLEGAL STRUCTURES • LEGISLATION WEAKNESSES REGARDING SUPERVISION OF BUILDINGS • COST TO EMPLOY AN ARCHITECT/ENGINEER FOR A SMALL EXTENSION • DIFFICULTY TO OBTAIN PLANNING PERMIT FOR CERTAIN TYPES OF DEVELOPMENTS RAPID DEVELOPMENT OF THE COUNTRY • 75
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Solutions • BUILDINGS AMNESTY • ENGINEERS TO BECOME MORE ACCOUNTABLE HIGHER FINES • • EDUCATION OF LOCAL AUTHORITIES • MAKE IT EASIER TO OBTAIN PLANNING PERMITS • MORE STAFF FOR BUILDING AUTHORITIES • TIME 82
Building and Planning Amnesty • Following a two-year period of comprehensive work and intensive, coordinated effort, with the involvement and contribution of numerous authorities, organisations and institutions involved in the construction industry, the House of Representatives has approved amendments of the Town and Country Planning, the Streets and Buildings Regulation, and the Immovable Property Legislations, which were submitted by the Ministry 83 f th I t i
Building and Planning Amnesty • The legislation, which aims at the simplification and modernisation of procedures and legal provisions that eventually lead to the securing of updated title deeds by respective property owners, came into force on April 8, 2011. All deadlines defined in the amended legislation count from that date on. 84
• The need for the introduction of the amended Laws arose, as it became evident that a large number of buildings or building complexes, as well as divided plots, which have been built or constructed on the basis of a planning permit and/ or a building/ division permit, could not be registered by the Land and Surveys Department, so that appropriate certificates of registration could be issued, due to various reasons, related – in some cases – to the need to legalise minor irregularities. 85
• For the first time, the legislation is strengthened with temporary provisions, enabling the legalisation of irregularities of specific type, nature, scale and significance, in existing buildings, under certain conditions. The main condition is the existence of a relevant planning permit and/ or building permit for the development. 86
Key Features of the Legislation (a) The legality of the building is no longer a prerequisite for the issuing of an updated title deed. It is made possible for a certificate of registration to be issued for a building with certain irregularities; however, these irregularities are to be recorded on the title deed. 87
Key Features of the Legislation … (b) Updated title deeds can be issued, despite any building irregularities, provided that an application is submitted to the Building Authority, together with an accurate description of the building as well as any irregularities that may appear, in comparison to the building or the planning permit issued. 88
Key Features of the Legislation … (c) The issuing of a title deed with notes does not render the relevant building legal. Where irregularities exist, substantial or otherwise, the Building Authority and/ or the Planning Authority, and/ or the Director of the Land and Surveys Department, are empowered to take measures against the owner, so that he can be persuaded to fulfil all obligations arising from the legislation and the permit. 89
Key Features of the Legislation … (d) The owner of the development, as well as the supervising engineer, are obliged to inform the Building Authority, within a specified period, as to the completion and beginning of use of the building, and to any alterations which may not conform with approved plans and conditions of the permits. 90
Key Features of the Legislation … (e) The right to activate necessary procedures for the legalisation of the development or for the issuing of updated title deeds, is extended – apart from the owner – to the purchaser (under certain conditions), as well as to the Competent Authority (Planning Authority, Building Authority, or the Director of the Land and Surveys Department). 91
Key Features of the Legislation … (f) Updated title deeds are issued in the name of the original owner, and not in the name of purchasers. (g) Concerned Authorities shall inform each other directly on any actions taken towards the legalisation of the buildings, and will not depend on the owner´s initiative. 92
Key Features of the Legislation … (h) In all three amended laws, Competent Authorities (Planning Authority, Building Authority and the Director of the Land and Surveys Department) are empowered to impose administrative fines, in cases where the owner is reluctant or unwilling to submit the required declarations or applications for the legalisation of buildings, or irregularities in buildings, or for the issue of certificates of approval or certificates of unauthorised works or updated title deeds. 93
www.moi.gov.cy www.moi.gov.cy tel: 22806400, 22806406 Fax: 22806401 mpanayides@moi.gov.cy marios@melesoft.com 94
• Streets and Buildings Legislation • The main provisions of the Law in its present form includes the following provisions: 95
Article 3 • the construction of any building and street is illegal unless a building permit is issued by the Local Authority. Article 8 • the Local Authority has the right to ask for any drawings, sketches, calculation and any other information which is considered necessary to ensure that the building to be constructed provides for the health and safety of the users. 96
• The application to the Local Authority must be signed by Architect/Civil Engineering, member of the Cyprus Scientific and Technical Chamber. • The application must include among other information, I. architectural and structural drawings II. calculations III. any other information depending on the type of the construction (eg. Electrical installation studies, environmental studies) 97
Article 9 • the Local Authority has the right to impose terms to ensure that the proposed building is fit for the proposed use. These terms may concern eg. the sufficient provision of water, electricity, safety of disable people, the safety of mechanical and electrical installation, fire safety. Article 9A • any building permit issued under article 3 of the Law must not be materialized until the Local Authority is satisfied that the owner of the building has appointed a supervising engineer. The owner should also satisfied the Local Authority that the supervising engineer has 98 been informed of the commencement of the works.
• The supervising engineer must ensure that no construction begins or is executed prior to the issue of a building permit. • The supervising engineer must supervise all the stages of the works until the project is completed. • The rights, duties and liabilities of the supervising engineer and the rules the govern the relationship between the engineer and the Local Authority are included in regulation 61 (61 Θ) of streets and buildings regulations as issued under article 19 of the Law. 99
Article 10 • upon completion of the works and before the use of the building a Certificate of Approval must be issued by the Local Authority. The use of the building before the issue of the certificate is illegal. • The holder of the building permit must, within 21 days of the completion of the works inform the Local Authority for the completion and apply for the issue of a Certificate of Approval. • The supervising engineer, within 30 days of the completion of the works must submit to the Local Authority a certificate to verify the completion of the works which must include a statement on the level of compliance of the completed works to the provisions of the building permit. 100
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