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Joint Ownership Laws

Below are sections of the joint ownership principle law known as the "The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993", When you purchased a property if it has communal areas, services and/or facilities then this laws is applicable.

We have both Greek and English versions of this document, when we received them from the Nicosia government office I was very surprised to see that they were photo copies and not very good ones, they were barely legible, I have had both versions retyped so they are legible. For a full legible English or Greek version copy of this law document please contact us.


The House of Representatives enacts as follows:

1) This Law may be cited as
2) The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993 and shall be read as one with the Immovable Property (Tenure, 3) Registration and Valuation) Law thereinafter referred to as the ‘principal law.
3) The principal law is hereby amended by the repeal of section 6.
4) The principal law is hereby amended by the addition, immediately after section 38 out of the new Part:


PART 11A
BUILDINGS UNDER JOINT OWNERSHIP

General Provisions

38A. In this part –
‘appropriate authority’ means the appropriate authority under the Streets and Buildings Regulation Law or
any Regulations made or other administrative acts done by virtue thereof:
‘building’ means a permanent structure and includes the land on which it is built.
‘building under joint ownership’ has the meaning ascribed thereto by section 38B:
‘jointly owned property’ means every part of a building under joint ownership which has not been registered as a unit.
‘licensed underwriter’ means an underwriter who, by virtue of the Insurance Companies Law, holds a license for the conduct of insurance business in
the insurance field which is prescribed by or by virtue of this Law:
‘limited jointly owned property’ means a part of a building under joint ownership allocated by virtue of section 38 for the exclusive use of one or more
but not all units:
‘Management Committee’ means the Management Committee provided by sections 38U TO 38CC:
‘owner of unit’ means the owner of a unit in the building under joint ownership and includes, in relation to a unit possessed under lease which has been
registered on the basis of Part IV hereinafter referred to as ‘long term lease’

the long term lessee or the long term sub lessee, as the case may be, except if the contract of lease provides that the long term lessee or the long
term sub lessee shall not be considered as owner of the unit for the purposes of this Part: long term lessee or long term sub lessee shall be a lessee
or sub lessee holding under a lease or sub lease which has been registered by virtue of Part IV. The term ‘ownership of unit’ shall be construed
accordingly:
‘Regulations’ means the Regulations made by virtue of sections 38R to 38CC.
‘standard regulations’ means the Regulations set out in the Appendix:
‘unit’ means a storey or part of a storey, a room, an office, an apartment, a shop or any other part, or space of a building under joint ownership which
may be appropriately and conveniently possessed and enjoyed as a complete, separate and self-contained unit for any purpose:

38B. Not withstanding anything provided by this or any other Law –
a) When a building consists of a t least five units, even if the building with all its units belongs by ownership to a single owner it constitutes a building under joint ownership and shall be registered as such in accordance with section 38DD:


Maintenance, Insurance etc of Jointly Owned Buildings

38K.-(1) The owners of all the units shall participate in the expenses which are necessary for the insurance,
maintenance, repair, restoration and management of the jointly owned property and for securing the
services prescribed by this Part or by the Regulations. The proportion of the share of each owner in the
expenses shall be prescribed by the Regulations on the basis of the area of each unit.
(2) If any owner omits or neglects to comply with the requirements of this section, the Management
Committee may proceed with any act and expense which is reasonably necessary for this purpose and
may recover by legal action the sum owed by the non-conforming owner in accordance with the
provisions of this Law.


PART IV – RIGHTS AND OBLIGATIONS OF OWNERS OR OCCUPIERS OF UNITS

12. Every owner has personal responsibility to the other owners and to every third party for each contravention
of any provision of these Regulations by himself and by every lease-holder, lessee, or occupier under
license of his unit, whether with consideration or not, and also for any deterioration of the condition of
or any damage to the jointly owned property that was caused by any act or omission of the owner or the
lease holder, lessee or occupier under license.
13.-(1) All the rights and obligations of the owners which emanate from the provisions of these Regulations shall
continue to belong to and burden the owner of every unit, whether or not the unit is possessed or used by
its owner or any other person deriving his rights from the owner. If a certain unit is not being used or
remains unused for any period of time, the owner shall remain responsible for the fulfillment of each of his
obligations and for the payment of the expenses corresponding to his unit, as is prescribed by these
Regulations.
(2) In case the owner refuses to pay any sum which he owes by virtue of section 38K, the leaseholder or
legal occupier of the unit may pay the above mentioned sum and deduct it from the sum which he shall
pay to the owner as rent.


The above sections of the law and many other sections were used by P. Peklivana Holdings Limited to establish processes and procedures prior to commencement of trading, to date they have aided us tremendously in the pursuit of offering professional property management services, also aiding us in the collection of funds from delinquent owners.

Many owners think that they can just avoid payment of communal service charges but they are incorrect in their thoughts, and are often shocked to see a company pursuing them through the legal system.

Yes, it used to be/was difficult to pursue owners who were non residents, but since Cyprus became full members of the European Union things have got much easier.

P. Peklivana Holdings Limited have managed to establish with the aid of a local solicitor the full process required to be able to pursue non paying non resident owners through the legal process.