Remedies Prohibiting the Voluntary Transfer of Cyprus Property
In the Republic of Cyprus, the town planning authorities may force certain terms on any town planning permit issued on the island, for example, the giving of part of the land to be worked on in order to be listed as a public road and the proprietor in such a case is ordered to comply. This is confusingly called a voluntary transfer in Cyprus.
Obviously such practices may be a little unfair, and as such, all land and property owners in Cyprus have remedies available to them. If any issues arise, the competent authority may issue an authentication of unapproved works if fundamental works carried out relating to the development or construction of a building or the division of land into plots are not following the town planning permit details.
The certificate of unapproved works is sent to the Cyprus Land Registry and is considered as an existing demand of the relevant authority for the registration of a prohibition, with respect to the voluntary transferal or encumbrance of the affected property, land or a piece of it.
In accordance with the arrangements in Article 10C of the Cyprus Streets and Buildings Law, voluntary transfer or encumbrance implies the exchange or encumbrance of the affected property with the proprietor’s free will without:
- Being under obligation due to legal measures.
- After a court order taken against him.
- A specific performance order.
- The forced sale of a mortgage or other similar measures.
A certificate of unauthorised works might be allotted if a building is built or a land is separated outside the limitations of the land or when such works fundamentally influence the neighbouring properties or the security of residents or passers-by in general or different properties or general well-being.
Other case law used: Article 65 of the Cyprus Immovable Property Law, Cap.224