FINAL COMPLETION CERTIFICATE
The Certificate of Final Approval for a building is the document certifying that the construction was carried out in accordance with the approved architectural plans and studies. It represents the final stage of the licensing procedures in Cyprus. Its issuance serves as the ultimate verification that the building was erected in compliance with the Building Permit. Therefore, the competent authority responsible for issuing it is the Building Authority. There are three types of Certificates of Final Approval that can be issued for buildings:
- Certificate of Final Approval (without notes)
- Certificate with Notes
- Certificate of Unauthorized Works
In this article, we will explore when the Certificate of Final Approval is issued, discuss the differences between the three certificates issued by the competent authorities, and also learn how the building is registered in the property title.
Types of Certificates of Final Approval
1) Certificate of Final Approval (without notes)
The first case represents the “official” Certificate, as it certifies that everything was done in accordance with the approved plans, and there are no irregularities. Before the legislative changes regarding Roads and Buildings, this was the only certificate that could be issued. However, the lack of control, the general lawlessness that prevailed, and the problems caused by the lawlessness of some property owners led the authorities to allow the issuance of certificates with certain notes.
2) Certificate of Final Approval ( with notes)
The second Certificate indicates that the basic provisions of the Development Plans are adhered to, with some minor irregularities, such as an unauthorized covered parking space, for example. Although the development is approved, the Building Authority encourages that the observations be rectified within a specified period; otherwise, legal measures will be imposed. So far, the building authorities have not shown strictness regarding the referral of such matters to the judiciary.
3) Certificate of Unauthorized Works
The last case involves more serious issues, such as encroachment of the building into public space or exceeding the Building Coefficient. In this case, you are deprived of the right to mortgage or transfer your property, except for inheritance. Although this certificate can serve as an incentive for the owner to legalize the situation, the fact that it is not automatically enforced by the competent authority, meaning the authority does not issue it unless requested by the owner, makes it an ineffective measure. In practice, there are countless properties for which none of the above certificates have ever been issued. This means that the legality of these properties has never been examined.
Registration in the Property Title
The Certificate of Final Approval is required for the registration of the building in the Property Title. In the case of both vertical and horizontal division, the following procedure is followed. First, the Certificate of Final Approval for the overall construction is issued. With this certificate, you can request the registration of the building in the Property Title. However, since it’s known that a division will follow, you simultaneously initiate the process. This means you directly request the registration of each unit that will result from the division and the issuance of separate titles. Next, you submit the necessary documents to the Land Registry.
Required documents for registration in the title:
- Building Permit for the construction.
- Building Permit for the division.
- Certificate of Final Approval for the building.
- Site plans of the building permit.
- Site plans of the division.
- Forms from the Land Registry.
After the Land Registry approves the request to update the title, the building authority must issue the certificate for the division, and this form is deposited at the Land Registry. Once this process is completed, the Land Registry issues the updated property title, which includes the residential unit and ownership share.