Purchasing of agricultural land to build a house in Cyprus

16 Nov 2016
The specific amendments concerning the permit for building a house were recently implemented through a notification of the Minister of Interior dated 02/11/2016, in which the Minister, provides four months from the date of the publication of this notification (4th of November 2016), for any concerned party to submit justified objections to the Ministry, based on specific reasons concerning the provisions of the Chapter concerning the residential development.
 
The relevant Authorities in 1996 implemented a Policy for the Regulation and Control of the development and environmental protection of countryside and villages. According to this Policy, as a general rule, in areas outside the Development Limit, any Development for Residential Purposes is not allowed. However, the authorities may exceptionally allow the construction of a single house, provided that the following conditions are met:
• Beneficiaries (who can apply)
1. The house must be used only for the real housing needs of the applicant’s family, and do not relate to a “holiday’s home” but for permanent residence, provided that no other property is registered in the name of the applicant and/or in the name of any other family members (for example husband/wife) within the Designated Residential Zone of the Village or Municipality of the land.
2. Also, the applicant must show that the land was at his possession and/or at the possession of his family members before the implementation of the above-mentioned Policy (before 1996). From the above provision the transfer of the property under donation or inheritance is excluded, provided that the property was held by the franchisor before the implementation of this Policy.
• Distance from the village
The land is not farther than 500 meters from the outer limit of the fixed Residential Zone or Development Limit (except Tourist Zone) of the Municipality or the Community where the land administratively falls. Also, the land should be at least 300 meters away from a specified Farming Zone.
• Access - The land must have satisfactory access
• Open public spaces
A percentage of 20% of the net area of the property for purposes of creating open public green space.
• Distances of the single house from the land limits
All buildings, including auxiliaries, must be at least 10 meters from all the borders of the land.
• Size of the House
In general, the construction of a single house will not be allowed with a total size of more than 240 m2. In cases of large families, the total size of the house is increased for each additional child beyond three children by 15 square meters. Provided that the total size of 240 m2 includes the covered verandas and auxiliary buildings except the basement, where a size of 30 m2 is not accounted for in the building factor.
• Sealed surfaces.
As a sealed surface is considered any surface which is covered with hard / impermeable material (concrete, asphalt, stone).
Sealed surfaces including the building must not exceed the 20% of the total area of the field, whereas swimming pools and coated fields are not allowed (it means for example tennis field or basketball field or any other surface which is covered with hard/impermeable material such as concrete, asphalt, stone)
• Water Supply - You must ensure that adequate, suitable and constant water supply will be provided.
Supporting documents for satisfying the criteria
Upon filing the application for the granting of a planning permit, the applicant must provide the Planning Authority with the following supporting documents:
a) Certificate of Search from the Department of Lands and Surveys, regarding the registration in the applicant’s name or in the name of any member of the applicant’s family (for example husband/ wife), of an immovable property within the designated Residential Area of the Community in which the developing or neighboring community is suggested.
b) Attestation of the place of permanent residence of the applicant and his family (in connection with his place of employment, his child’s registration to a public education facility etc. and their housing conditions, through an affidavit of the applicant and supporting documents thereof.
c) Ascertainment that the immovable property was in the possession of the applicant and/or of his family member before the implementation of the current policy.
The provisions for the building of a single house apply only once per family. With the conclusion of an agreement between the Planning Authority and the applicant, the granting of any other permit for the building of a single house anywhere in Cyprus to the applicant will not be allowed. Also, the voluntary alienation of the house within a period which doesn’t exceed 10 years is not allowed (the transfer of the house to the inheritors of the applicant is excluded).
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