Thousands of homes in government housing estates and self-housing settlements remain without title deeds due to serious planning or other violations carried out by their occupants. In an effort to safeguard property rights for displaced persons in these cases, Interior Minister Konstantinos Ioannou has submitted a proposal to the Council of Ministers advocating a more flexible approach.
Under the proposal, title deeds or leasehold certificates could be issued even in cases involving serious irregularities, following a procedure similar to that applied for unauthorised works, but with restrictions on transfer. As long as the violations remain unresolved, the housing units would not be permitted to be sold. The possibility of using the property as collateral would depend on the policy of each banking institution.
Leasehold certificates are issued instead of title deeds to refugees whose housing units have been built on Turkish Cypriot land and therefore cannot be titled. These certificates safeguard the occupants’ rights over their homes.
Ioannou’s proposal is expected to be submitted for approval at the next meeting of the Council of Ministers. He briefed members of the House Refugee Committee on the plan, noting that the proposed arrangement had also been requested by parliamentarians.
Issuance of title deeds
A Council of Ministers decision dated 18 February 2006 approved the resumption of the process of issuing title deeds for housing units in government settlements for displaced persons and for homes built on government self-housing plots.
The decision applies to cases where these units have been constructed on state land or on land that has been expropriated or acquired by the state through amicable settlement or with the consent of the previous owner.
According to official data from the Ministry of Interior, title deeds or leasehold registration certificates have not yet been issued for 7,859 housing units in government housing estates and self-housing settlements.
Two categories of violations
According to the Ministry of Interior, cases where title deeds or leasehold certificates have not been issued due to planning or other violations fall into two categories.
Housing units built on self-housing plots after 2023
Under the relevant legislation, specifically the Immovable Property (Granting of Title Deeds to Displaced Persons and Other Persons) Regulations, a plot in a self-housing settlement may be granted by decision of the Council of Ministers and registered in the name of the beneficiary.
Since the title deed for the plot is already issued in the name of the beneficiary, the licensing procedures and subsequent titling of homes built on it fall under the Streets and Buildings Regulation Law. Under this law, after obtaining planning permission and a building permit, it is possible to issue a Certificate of Unauthorised Works in cases of substantial irregularities that do not conform with the approved permits.
Housing units built on self-housing plots before 2023
Most cases fall into this category. Under the legislation in force before 2023, title deeds were issued after the construction of the housing units.
Where buildings include substantial irregularities, it is not possible to obtain planning permission, a building permit or a final approval certificate. As a result, the Streets and Buildings Regulation Law cannot be applied.
Current planning tolerance
At present, a regime of planning tolerance applies to housing units that present planning problems. Under this arrangement, title deeds may be issued if the irregularities do not affect other residents of the building or the wider area.
This applies where interventions do not concern common areas or public spaces, do not create safety risks for residents and do not significantly affect their living conditions. In cases where substantial interventions are identified, however, title deeds or leasehold certificates are not issued.
Proposed planning flexibility
Through the proposal submitted to the Council of Ministers, the Ministry of Interior seeks to introduce a more flexible procedure in relation to the violations recorded in government housing estates and self-housing settlements, so that displaced persons are not deprived of the right to obtain title deeds or leasehold certificates.
Under the proposal, even in cases where interventions affect another person’s property or public areas such as registered or designated open public spaces, road networks or state land, and where significant planning issues exist within the plot, a title deed or leasehold certificate could still be issued.
The issuance would follow, by analogy, the procedure provided for the Certificate of Unauthorised Works under the provisions of Article 10C of the Streets and Buildings Regulation Law. At the same time, the title deed or leasehold certificate would include a prohibition on voluntary transfer for the purpose of sale until the violations are rectified.