23.10.2022
A planning permit and a building permit are not the same thing, but both must be completed before construction begins.
The letter, received by the Cypriot post (also sent to Interior Minister Nikos Nouris among other recipients), highlights the problem of building projects that start without first obtaining a building permit.
However, it should first be emphasized that this letter, written by a certain Vladimir Kuznetsov, who calls himself a citizen of Ukraine, who planned to buy three apartments in the Yermasoyya area, is, to put it mildly, disputed.
Janet Zenonos, a lawyer with whom Kuznetsov claimed to have dealt, categorically stated that she “never spoke to this man about the claims he makes about this.” Andreas Heracleus, the architect of the project mentioned in the letter, assured us that the building had all the necessary permits and offered to provide them upon request.
However, whatever the merits of this particular case, the fact remains that a foreigner who intends to buy property in Cyprus claims to be dissuaded by the fact that, in his words, “While we were close to closing the deal, I accidentally discovered … that this particular building does not have a building permit and is being built illegally.”
Whether it happened here or not, it would be utopian to say that it will never happen. In fact, although the law is very clear and building without a permit is a criminal offense that can even lead to jail time, it does happen, and happens quite often.
“It’s a vicious circle,” says Christos Maksoulis, senior officer at the Cyprus Technical Chamber (Etek).
“The problem is that in many cases the time required to issue a permit, even though efforts are being made to improve the situation, is very long. And most investors and developers are impatient .”
It’s not unusual to wait 15 months for a building permit, Maksoulis says. Just to give you an idea of how over the top this is, the reforms currently being planned will set a two-month time limit for small developments and up to 12 months for large projects. “If the time needed for approval could be shortened, then the vicious circle would be broken.”
The problem is that the authorities whose job it is to sanction illegal developments are basically the same authorities that take so long to approve permits – so, “feeling that they bear part of the responsibility by delaying”, they close eyes . The government, of course, can suppress, but then questions about its own fault may arise. In addition, it was hardly possible to put everyone in jail, given the widespread use of this practice.
Illegal construction is not the rule, Maksoulis says, but it is no exception either. Nicosia-based architect Nina Iliasidu said that an estimated 20% of projects could start without a building permit.
Lest the attitude of the authorities look unreasonably lenient (even for Cyprus), it should be noted that there are two types of permits: a building permit and a building permit.
A good way to summarize the difference, Maxoulis says, is that a planning permit specifies what can be built, while a building permit details how it will be built. The first includes the size (say how many floors) and the use of the building (whether residential, office, etc.). The latter deals mainly with technical issues such as materials.
The state is much more interested in the first than in the second. It is extremely rare (though not unheard of) for construction to begin without planning permission. Indeed, says Iliasidu, “Once planning permission has been approved, you will have almost 95 percent of the parameters for your particular project.”
With that in mind, especially when time is of the essence and money is at stake, investors and developers may decide to act without a less important building permit — and indeed, “if they are conservative and professional,” says Maksoulis, and stick within the limits, already approved in the building permit, the system works quite well. A building permit is usually issued in the middle of construction, and the spirit—though not the letter—of the law is generally respected.
The risk comes when developers aren’t conservative, but instead work in what an Etek official calls a “grey area”, making small modifications and pushing whatever they can get away with.
The result is often that the building permit, when it finally arrives, does not cover what has been built, but the building has already been built and it is too late to change it. The result is an illegal building that can never be issued title deeds unless costly adjustments are made, but by this time (as was often the case in the bad old days) the developer may have sold the apartments and shut down his company , leaving buyers . holds the child.
Even without the risk of future surprises, foreign buyers are often understandably wary – as Mr. Kuznetsov’s letter suggests – when faced with this “this is Cyprus” nonchalant way of doing business.
“For us Cypriots, we could accept that,” certified surveyor Antonis Loizou said. “But foreigners, when you ask for their money, don’t want to feel like, ‘I gave you 100,000 euros and now I’m stuck because you don’t have permission.’
Cypriots also tend to put up with endless delays and bureaucracy – probably the real villain here, in second place is the greed of developers – as Iliasidu describes: “I had several foreign clients and they did not believe me when I said:” So far there has been no response from city planning regarding our application. They don’t answer the phone.” They thought I was lying, they thought I was not doing my job well, when in fact I could make 100 phone calls! As already mentioned, if permits were issued in a timely manner, the vicious circle would be broken.
Meanwhile, Maksoulis advises potential buyers to arrange an audit with an independent architect before making a deal to see if the building gets approval. That is, the situation is improving. Online filing has sped up the process (Iliacidou has heard of colleagues getting building permits in a matter of weeks), while new legislation seeks to limit – perhaps quixotically – how long civil servants can keep applicants waiting.
“Things are clearly better,” says an Etek spokesperson. “Are they what they should be? Obviously not … But they are getting better bit by bit.”
