Cyprus-Forum.com

[flavell5]

Hi, we have brought a property off plan in 2008 and is now nearing completion. The plans that we signed with the builder showed our apartment on the first floor with only water tanks and storage space above us. we liked the idea of this as we wouldn't hear anybody living above as the penthouse was over the other side of the block.

But now as the apartments are completed I went over to furnish it last week and had a look at the penthouse apartment upstairs and the balcony has increased in size and now comes over the top of our apartment. this in my opinion has devalued our apartment as I'm sure there will now be noise above from their outside space. Could anyone give some advice on what come back on the builder we might have and are they allowed to change the signed plans without informing anybody. As of yet we haven't paid the final payment we are holding on to this until we seek some advice.

Thanks

[Mr. T]

Hi, we have brought a property off plan in 2008 and is now nearing completion. The plans that we signed with the builder showed our apartment on the first floor with only water tanks and storage space above us. we liked the idea of this as we wouldn't hear anybody living above as the penthouse was over the other side of the block.

But now as the apartments are completed I went over to furnish it last week and had a look at the penthouse apartment upstairs and the balcony has increased in size and now comes over the top of our apartment. this in my opinion has devalued our apartment as I'm sure there will now be noise above from their outside space. Could anyone give some advice on what come back on the builder we might have and are they allowed to change the signed plans without informing anybody. As of yet we haven't paid the final payment we are holding on to this until we seek some advice.

Thanks

Sorry to be a killjoy but this could be the least of your worries.

As you may know if you bought a similar type of property in England and the builder had a mortgage over it with a bank, your solicitor would ensure that it was released from the mortgage by completion. Even if the solicitor made a mistake you would have the security of knowing that you would be covered by the Law Society.

In Cyprus paying for a property does not even stop builders mortgaging the land on which it is built against other developments years after all properties have been sold and paid for. In fact it far from being unusual and the same land has often been mortgaged time after time with an estimated 100,000 buyers not having received deeds.
The banks are happy to do this, the government is aware of this practice and your solicitor too.

In the present property downturn builders are at greater risk of defaulting on their debt. In that situation the bank as a secured creditor could look to the security and buyers who have been in their homes for years could be evicted.

Hopefully Cyprus will catch up with the third world before too long and then perhaps aspire to have a system befitting a country that has been allowed to join the EU.

I realise that this does not assist in answering your question but it may give you an idea of what you could be up against.

[Raymanoff]

Request the plans from the land registry, see what was done differently and simply have a talk with people in POLEODOMIA before actually filing an official complaint. Recently they have changed the way permits are given out, now all of the responsibility lies on the architects so there are frequent random checks. I am sure your development permit was given before this practice was applied but this shouldn't stop them from checking it out.

[Get Real!]

The Department of Town Planning and Housing is the place to lodge/enquire such complaints that Ray mentions…

http://www.moi.gov.cy/moi/tph/tph.nsf/D ... nDocument#

[Z4]

Speak to your solicitor also as the builder has broken his contract with you.

[carolh]

Contact http://www.cyprus-property-action-group.net/
and http://www.cyprus-property-buyers.com/intro/about.htm

If you have used the developers solicitor get another one. Nigel Howarth from the Cyprus property owners site can advise you.

Carol

[flavell5]

Luckily we used our own independent solicitor whom the developers didn't know thank god! I have e.mailed him on Friday and am awaiting a reply before any money exchanges hands. Thankyou for your replies-very helpful.

[Michael Coumas]

flavell5
MrT has given a flavour of what is the Cyprus property market, please do as advised & contact Nigel (a nicer person you will be hard pushed to find), you have at least contacted an independant lawyer but this in itself is not always protection from the 'system' and close friendships professionals have with each other. Integrity is a word you may find you have to search hard for but please do not be put off as you may find you can resolve all this amicably which will be best all round but be prepared.
In saying all that Cyprus has enjoyed a property market (of sorts) for centuries and "the system" worked then. It is since the offerings to foreign buyers and that dreaded word mortgage within the domestic market that the inadequacies of the system have been exposed. If we all went back to buying the land for cash then building our houses with our own bare hands we probably wouldn't have a problem.
Please contact Nigel asap, take his advice and don't delay in your enquiries. Do not believe the frequently banded & often repeated statements that the legal buying process is similar to that in the UK (or anywhere else for that matter) the only similarity is in the word "THE" nothing else. Chalk & Cheese would best describe the similarity.
Good Luck
PS. I have managed to navigate the process to a satisfactory conclusion but I am ashamed to say I was forced to resort to threats (I will not elaborate further) and I had a good honest lawyer with integrity but it still took me nearly three years and countless "visits" to read peoples horoscopes & confirm that I was not joking and I have the possible advantage of being Cypriot. It worked for me but the risk of arrest if you are reported & cought must be understood & accepted.
PPS. By some act of fate (I can't explain it) those I had problems with & I are now good social aquaintances - how I don't know but there you have it - please ask every question you can of your lawer, hard to do as you will have been raised to believe in professional ethics and integrity, never assume, where Cyprus property is concerned it is dangerous to do so and can be a drain on your finances. Please do your research.

[Oracle]

Please do not blow this up out of all proportion in the usual rush to bad mouth Cyprus.

Not long ago, friends of mine bought off plan in the UK only to find a wealth of problems from their British Builders. But, having been gazumped a half a dozen times within two years of house searching, they went ahead despite getting less than they were promised. The cherries on the cake revealed themselves over the next few years as amongst other things, having been forced to sign that they would not plant any trees in their garden for 10 years (on the pretence that they might affect the foundations and hence the 10 year building warranty) ... they found the main reason was because the builder had buried untold garbage, pipes, wires, bricks, cement etc before covering it up with a thin layer of top soil.

These things happen everywhere, and since it's just one change on the plans, keep your cool and simply negotiate in a civilised manner

[pissouri]

Dear flavell5,

You need to check your contract, in most contracts it gives the developers limited flexiblity to make minor changes to plans if the authorities so request. (if planning was not received prior to you purchasing). As regards specific apartments, usually it states in the contract that the developer can make adjustments in the region of 3-5%. Therefore, if he has extended the balcony of the penthouse within these limits then he is within the contract. As such you apartment has not been adversly affected. I belive by having a tiled balcony above you rather than just concrete roof is better, in the sense: more insulation, also no water takes, etc. that my leak and cuase you problems.

As regards noise issue, it's 15cm concrete, with layer of insulation and tiles, so it should not be such a problem, not like the UK.