Guide to the New Urban Planning Amnesty Scheme: Legalizing Unauthorized Constructions

The new Urban Planning Amnesty Scheme aims to provide citizens the opportunity to legalize unauthorized constructions within approved developments. Focusing on minor regulatory deviations, the scheme ensures that these deviations do not significantly impact the overall development, its type, or the amenities of neighbouring properties. By participating in the scheme, property owners can also secure legal title deeds for their properties, resolving long-standing issues related to unauthorized modifications and ensuring full compliance with planning regulations.

Purpose and Duration of the Scheme

The new Urban Planning Amnesty Scheme is designed to facilitate the legalization of unauthorized constructions within approved developments. The scheme will take effect on Monday, September 23, 2024, and will remain in force for six months, concluding on March 23, 2025. Eligible property owners can apply for the legalization of these minor violations by submitting an application and paying a monetary compensation fee, in order to obtain final approval and issue title deeds.

Eligibility for Amnesty:

Owners of the following types of properties are eligible to apply for the amnesty:

• Residential Development
• Industrial, Artisan, Storage, Livestock, and Agricultural Development
• Commercial and Office Development (additions to approved ground-floor shops)
• Recreational/Entertainment Development
• Change of Use of Part of a Residential Unit to Professional Workspace

Amnesty Terms and Conditions:

To apply for the Urban Planning Amnesty Scheme, the following conditions must be met:

1. Approved Building and Development: The property must be part of an approved development with a planning and/or building permit issued before September 13, 2023.
2. Completion of Unauthorized Additions: Any unauthorized additions must have been completed by September 13, 2023. A sworn declaration confirming the completion date must be submitted with the application by the responsible planner.
3. Architectural and Material Compliance: Modifications, both internal and external, must align with the building's approved design and architecture. They must not negatively impact the environment, neighboring properties, or third-party property rights.
4. Building Coefficient Compliance: If the unauthorized construction exceeds the allowable building coefficient, financial compensation will be required.
5. Regulatory Deviations: For deviations from building regulations, financial compensation must be paid based on the specific category of deviation.
6. Parking Space Requirements: If additional parking spaces are required but cannot be accommodated within the development property, the Planning Authority will facilitate their purchase, even in areas where ministerial decrees for purchasing parking spaces do not apply.

Application Process

Starting on September 23, 2024, property owners can submit their applications to any of the five District Administrative Offices (Paphos, Larnaca, Limassol, Nicosia, and Famagusta). The application process involves:

• Submitting an official application form along with required documentation.
• Providing a sworn statement from a professional planner certifying that the modifications were completed before the announcement of the plan.
• Paying the required compensation fee.
• The applications for the Urban Amnesty Scheme must be submitted through the computerized system IPPODAMOS to the five competent urban planning authorities.
• For the application submission you must contact your Civil Engineer registered with ETEK.

Provisions of the Plan:

Additions and Modifications to Existing Approved Developments – Exceeding the building coefficient:

Residential Development

For residential developments, the compensation fees vary depending on the extent of the unauthorized construction and the type of violation. The main categories include:

• Exceeding Building Coefficient Within the Structure:

  • Unauthorized construction inside the original building (e.g., incorporating auxiliary spaces or covered verandas).
  • Compensation fee: 20% of the value of the excess.

• Exceeding Building Coefficient Outside the Structure:

  • Unauthorized horizontal or vertical expansions outside the original building.
  • Compensation fee: 25% of the value of the excess.

• Creation of a New Residential Unit:

  • Unauthorized construction that results in a new residential unit.
  • Compensation fee: 30% of the value of the excess.

Industrial, Artisan, and Agricultural Development:

• Industrial and Artisan Buildings:

  • Exceeding the allowable building coefficient for industrial and artisan developments.
  • Compensation fee: 40% of the value of the excess.

• Livestock Facilities:

  • Unauthorized expansions or constructions related to livestock facilities.
  • Compensation fee: 20% of the value of the excess.

• Agricultural Warehouses:

  • Unauthorized expansions for agricultural storage units.
  • Compensation fee: 10% of the value of the excess.

Recreational and Entertainment Development:

• Indoor Space Expansion:

  • Unauthorized expansion of indoor areas (e.g., cafes, restaurants, bars).
  • Compensation fee: 30% of the value of the excess.

• Outdoor Dining Areas:

  • Unauthorized construction of outdoor dining areas with shading structures.
  • Compensation fee: 30% of the value of the excess.

This compensation is calculated based on the current market value as determined by the Department of Lands and Surveys and must be paid prior to the issuance of the planning permit.

Deviation from Regulatory Provisions

Technical deviations include aspects such as the distance of buildings from plot boundaries, the spacing between the main and auxiliary buildings, exceeding the allowable coverage percentage, the contact length of auxiliary buildings along shared boundaries, and the maximum allowable height or number of floors for primary and auxiliary buildings. These deviations are handled at the discretion of the Urban Planning Authority. It is important to note that any unauthorized expansions must not alter the architectural integrity of the building, nor should they impact the comfort of neighboring properties, the surrounding environment, or the overall character of the area.

Minor Deviations

• Pergola Construction (up to 20 square meters):

  • Fee: €2,000 in areas covered by a Local Plan.
  • Fee: €1,000 in areas under a Policy Declaration.

• Reduced Distance from Property Boundaries (2.5 to 3 meters):

  • Fee: €1,000 in Local Plan areas.
  • Fee: €500 in Policy Declaration areas.

• Coverage Percentage Excess (up to 10%):

  • Fee: €1,000 in Local Plan areas.
  • Fee: €500 in Policy Declaration areas.

Major Deviations

• Pergola Construction (exceeding 20 square meters):

  • Fee: €3,000 in Local Plan areas.
  • Fee: €1,500 in Policy Declaration areas.

• Reduced Distance from Property Boundaries (below 2.5 meters):

  • Fee: €2,000 in Local Plan areas.
  • Fee: €1,000 in Policy Declaration areas.

• Exceeding the Height of an Auxiliary Building (over 3.9 meters):

  • Fee: €3,000 in Local Plan areas.
  • Fee: €1,500 in Policy Declaration areas.

Conversion of Residential Units to Professional Use

In cases where a residential development received a building permit prior to the date of the current Urban Amnesty Plan, and a portion of the residence was converted to professional use without the required planning approval, the Urban Planning Authority may approve the change of use.

This applies if the converted area is limited to 60 square meters and is being used by the owner of the residential unit for professional purposes. Importantly, this conversion does not require a reduction in the building coefficient to 70% of the maximum allowed for residential use, and no additional parking spaces need to be provided.

This provision is specifically for service-based professions, such as medical practices, offices, small tutoring centres, or Category C workshops (those with very limited disturbances). It does not apply to retail or entertainment-related developments.

The provision can also be applied in areas where such developments are generally not allowed under current development plans, as long as there are no negative impacts on neighboring residents' comfort or road safety. For residential units in apartment buildings, the change of use is only permitted if it complies with the development plan and all co-owners provide written consent.

The new Urban Planning Amnesty Scheme provides property owners a valuable opportunity to regularize unauthorized constructions and ensure compliance with planning regulations. By participating in the scheme, owners can secure their property’s legal status, avoiding future complications related to title deeds or sales. With a limited six-month window, it is essential for property owners to act promptly and ensure that their applications meet all necessary criteria. Through this initiative, both property owners and authorities can achieve a balance between urban development needs and legal frameworks.