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No fines to unlicensed constructions

06/07/2004 12:59
Members of the House Interior Committee decided on Tuesday to suspend the intention on behalf of the government and the Parliament to impose fines to all developers who have sold houses, flats or land without granting a property deed to their customers.

At the meeting held on Monday, Interior Committee insisted that it would be unfair to impose a retrospective fine to people that violated a law that did not exist at that time.

DISY MP, Ionas Nicolaou told StockWatch that the imposition of fines must be effective after the approval of the new legislation. Similarly, MP Giorgos Varnavas noted that the Prosecutor General should give a report on title to clarify the issue before the approval of the second bill in October.

State Fund to absorb cash in Oct

Civil service technocrats and other economic analysts, however, expressed their concerns on the governmental forecasts on the revenues of the State Fund in 2004, pursuant to the Convergence Program submitted to Brussels. “The legislation on the tax amnesty and the banking secrecy was only adopted few days ago”, they noted.

“The cash that the government will collect from the issue of property deeds will concern those cases that occurred from 1990 onwards. This is due to the fact that the mass developments in the seaside regions – Paphos, Oroklini, Pervolia – was carried out in 1990”, the technocrats said.

Same sources said that the largest sum that will be absorbed by the state fund will stem from the ability to transfer the titles to the buyers and not from the imposition of fines. “The state will not absorb much from the approval of the first bill on Thursday, since breaches before 1990 were few”.

The Convergence Program submitted to the EU provides for revenues of £40 million in 2004, £40 million in 2005 and £40 million in 2006 (£120 million).

Competencies of three-member committee

The examination of the relevant applications will be carried out by a three-member committee, whose decisions do not have to be necessarily unanimous. Both legislations do not provide for the legalization of breaches in tourist apartments and hotel units.

The Committee will give its consent for the legalization of breaches to cases that:

-concern amendments of interior spaces that a) do not increase the approved building ratio or distort the building’s aesthetic and b) do not increase the approved area more than 10% or 75 square meters per unit: whichever is the smallest. The local authority must be granted a sum equal to the value of the built area (breach) or the value of transfer of the building ratio from a building that have not the proper distance from the boundaries of the neighboring land.

The interference in other people’s property concerns the fencing and not part of the major unit.

If the owner is unable to deal with the constructions concerning the road, the local authority must undertake the project at its own expense. As soon as the project is completed, the local authorities must send part of the charge to the owners.

It is noted that in case the owner or co-owner does not proceed to the proper acts for the obtaining of a special certificate within the period of six months, then any of the co-owners or buyer of the building under construction must submit an application to his/her interest.