Vast areas of state land have for years been under illegal occupation and exploitation. The lack of enforcement has emboldened offenders to the point where cases are now being recorded of houses being built on state land. Only yesterday, complaints came to light from the mayor of Lefkara, Sofoklis Sofokleous, regarding the construction of villas on state-owned land in Kornos.
State property is not being adequately protected by the competent authorities. A characteristic example is the operation of a massage business on prime state-owned coastal land in Protaras, within a beach protection zone. Since 2023, all relevant authorities were aware of the blatant illegality taking place on one of Protaras’ most popular beaches, yet no action was taken against the businessman. The reasons why are under investigation by the Criminal Investigation Department at Police Headquarters. The situation changed only when Interior Minister Constantinos Ioannou personally took over the case, resulting in the restoration of legality yesterday, with the removal of the structure by the Famagusta District Administration, which for years had declared itself not responsible. All this followed a front-page report by Politis, which alleged that some were turning a blind eye to the illegality.
1,127 cases pending
The absence of deterrent measures contributes to the continuation of the problem. According to official data from the Department of Lands and Surveys, published by the Audit Office as part of its checks, hundreds of cases of illegal occupation and exploitation of state land remain pending for examination, with the workload constantly increasing. “As at 31/12/2024, a total of 1,127 cases of illegal interventions were pending nationwide, while from the cases examined by our service in Nicosia district, it appears that some have been pending for 15 years or more, without sufficient measures being taken to remove the interventions,” the Audit Office states in its report published last February.
What is to blame?
The Department of Lands and Surveys attributes the delays in examining interventions on state land mainly to the accumulated workload from previous years, as well as to a lack of staff.
Mapping of interventions
The Department of Lands and Surveys, in cooperation with the District Administrations and the Department of Town Planning and Housing, has recorded interventions in all communities and municipalities falling within the coastal zone and the beach protection zone. However, the recording of all interventions in the government-controlled areas, such as in residential zones and public roads, has not yet been completed. Consequently, the actual number of interventions may be significantly higher than the 1,127 cases.
Rent instead of legal action
In cases examined by the Audit Office during its checks at the Department of Lands and Surveys, instances were identified where applicants were using state land without prior approval from the owner, namely the state. Instead of legal measures being taken against them, the usual practice is the imposition of “intermediate benefits”, that is, rent for the years of illegal use of the land. However, this practice does not include any substantive sanction for the prior illegal use of state land and therefore does not act as a deterrent.
According to the Audit Office, the Department of Lands and Surveys does not carry out systematic follow up on-site inspections to verify compliance with contract terms, such as in cases of abandonment or change of use. The absence of a monitoring mechanism for land use increases the risk of illegal interventions and unauthorised uses of state land. The Audit Office recommended that the Interior Ministry examine the possibility of imposing sanctions or fines in cases where illegal use of state land is identified prior to the submission of an application for a lease or a permit, in order to safeguard the public interest.
Lack of transparency and inequalities
According to the Audit Office, the way state land is managed under the current regulatory framework (Regulation 173/1989), whereby a private individual identifies state land and secures its allocation, raises serious concerns regarding its compatibility with the principles of transparency, equal treatment and non-discrimination.
Particularly problematic are cases where a lease or permit is granted to private individuals for industrial, tourism or other commercial purposes, as these are cases that could also be of interest to other business operators, potentially on more competitive terms for the benefit of the Republic. As the Audit Office points out, this method of management reinforces the lack of transparency and creates scope for insider information.
Through expressions of interest
With the aim of addressing the issues of lack of transparency and inequality raised by the Audit Office, the Interior Ministry is proceeding with amendments to the existing legislation. In this direction, the Department of Lands and Surveys has put forward for public consultation a new regulatory framework governing the management of state property.
Among other provisions:
Any lease of immovable property of the Republic will not exceed 20 years. It may, however, be renewed for a second period of 20 years by the Council of Ministers, taking into account the type and size of the livestock unit established.
Property of the Republic located within industrial or craft zones may be leased for industrial or craft purposes for a maximum duration of 33 years. The lease may be renewed for a second and third period of 33 years by the Council of Ministers, taking into account the type and size of the unit.
Property of the Republic may also be leased for commercial activities. The duration of the lease will not exceed 33 years, but may be renewed for a second and third period of 33 years by the Council of Ministers, taking into account the type and size of the commercial unit.
For the purpose of leasing state property, a call for expressions of interest will be published by decision of the Council of Ministers. The award will be made to the bidder submitting the highest rent offer.