REPUBLIC OF CYPRUS
MINISTRY OF THE INTERIOR
General Manager's Office
MINISTRY CIRCULAR
No. Fac.
G.E. 7
05.13.022
05.33.036.002.004
To List of Acceptees,
27 April 2021
Appendix III (Regulation 61 HA) – KDP 262/2018
Visitable parts of the buildings by people with disabilities
I am referring to the above issue and given that this has concerned against
many times from the Authorities, that issue Planning Permits and/or Permits
Construction, I wish to inform you, that the subject in question was extensively considered by
the Accessibility Advisory Committee, which recently has
held a special session and has taken a decision as to the wording and the
explanatory text content, by which its relative provisions are explained
Annex III, of Regulation 61HA and which concern access to
ceilings (rooftops) of buildings by people with disabilities.
2. Specifically, about the paragraphs 1.12 and 2.1 of Annex III thereof
Regulation 61HA, the Accessibility Advisory Committee concluded the following
conclusions, which are included in the explanatory text, which he has issued
(has been posted on the website of the Ministry of the Interior) and which should,
from here on out, to be taken into account by all issuing Authorities
Planning Permits and/or Building Permits:
a) When the ceiling (terrace) of a building is used exclusively for use
electromechanical and similar installations, the elevator is not
necessary to have access to it, through the elevator.
b) When the ceiling (terrace) of a building has an approved use, as jointly owned or
common area, for recreational purposes of all owners/laws
building users, then the lift must go up to the roof
(terrace). By the term recreation we mean the use of a swimming pool, garden, grill,
outdoor seating area and/or yard, for all owners/legal
users. also, the lift must go up to the roof (terrace) and
in the case where there are warehouses for their exclusive use
owners/legal users of the building.
c) When the recreation area on the roof (terrace) is an exclusive right
of use by one or more owners/legal users of building units,
which have a legitimate use, B.C. as an apartment, office or otherwise
real estate, the roof space (roof) it is not necessary to connect with
elevator.
Ministry of Interior, 1453 Nicosia, Cyprus
Tel.: 22806402, Fax: 22806401, Email. Tach.: perm.sec@moi.gov.cy, Web page: www.moi.gov.cy
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d) Of course, that in the case of a building that has been declared a listed building,
ancient monument or located in an Area of Special Character or in a Controlled Area
Area of the Department of Antiquities, the lift should not rise
up to the ceiling (terrace), unless he allows it, expressly, the Planning Permit
of the building, which will definitely be based, among others and in welfare
of Annex III, of the Regulation 61 HA.
3. Any clarifications or additional information are welcome, such as
contact the competent Officers of its Technical Services
Ministry of Interior, on phones with numbers 22806402 (Mr. Miltiadis Eliotis)
and 22806414 (Mrs. Xenia Konstantinidou).
Dr. Kostas Konstantinou
General Manager
Commun.: General Manager
Ministry of Transport, Communications and Projects,
Director
Department of Public Works,
General Manager
Ministry of Labour, Welfare and Social Insurance,
Director
Department of Labor Inspection
Mon/Mon
05.13.022_20210427_Ministry Circular 07/2021
Ministry of Interior, 1453 Nicosia, Cyprus
Tel.: 22806402, Fax: 22806401, Email. Tach.: perm.sec@moi.gov.cy, Web page: www.moi.gov.cy
The Roads and Buildings Regulation Law
Appendix III (Regulation 61 HA)
PERMANENT LIST OF CLARIFICATIONS CONCERNING ANNEX III PROVISIONS
Clarification by number 1
General Requirements of Annex III :
2.1 All accessible parts of a building must have safe and unobstructed access
access and can be used safely by all users,
including disabled people and people with reduced mobility.
In view of the above provision, the question of when it should be placed was briefly raised
elevator going up to the flat roof (terrace) construction.
For the above question, the following are clarified:
i.
ii.
iii.
When the ceiling (terrace) building is used exclusively for use
electromechanical and similar installations, the elevator is not
necessary to amount to it.
When the ceiling (terrace) building has an approved use, as jointly owned or
common area, for recreational purposes of all its owners/legal users
construction, then the lift must go up to the roof (terrace). With the term
recreation we mean the use of a swimming pool, garden, grill, outdoor seating area
and/or yard, for all owners/legal users. also, the elevator must
to rise to the ceiling (terrace) and in the case where there are warehouses
for exclusive use by the owners/legal users of the building.
When the recreation area on the roof (terrace) is an exclusive right of use
of one or more owners/legal users of units of the building, which
have a legitimate use, B.C. as an apartment, office or as another type of real estate, the space
of the ceiling (roof) it is not necessary to connect it with an elevator.
Of course that, in the case of a building that has been declared a listed building or where
is located in a Special Character Area, the lift will not be allowed to rise
up to the roof, unless he allows it, expressly, the planning permission of the building, or
which will definitely be based, among others, in the provisions of Annex III, of
Regulation 61 HA.
Address: 1453 Nicosia, Cyprus.
Tel. 22806402, Fax: 22806481, E-mail: melliotis@moi.gov.cy Website: http://www.moi.gov.cy
The Roads and Buildings Regulation Law
Appendix III (Regulation 61 HA)
PERMANENT LIST OF CLARIFICATIONS CONCERNING ITS PROVISIONS
APPENDIX III
Clarification by number 2
This Clarification concerns the interpretation of the paragraphs 4.1 and 4.5 of Capital 4
(Buildings used as residences) of Annex III of Regulation 61HA,
especially in regards to the required parking spaces for people with disabilities.
A. In the paragraph 4.1 it is stated that :
"4.1 The requirements for buildings used as residences apply
only in apartment buildings with five or more residential units
including those on the ground floor."
It is obvious from the above paragraph that, where the development is residential with
less than five units, none of the above is required
Appendix III, i.e. not even additional parking spaces for disabled people.
B. In the paragraph 4.5 it is stated that :
"4.5 In apartment buildings of residential units, one parking space is required per 15
apartments which is configured in addition to the parking spaces
apartments."
In relation to the paragraph 4.5 a question was raised as to whether the requirements for spaces
disabled parking apply for beyond 5 residential units or for beyond 15
apartments.
The Accessibility Advisory Committee interprets that, in deployments with five or
more residential apartments, an additional parking space is required
persons with disabilities for every fifteen apartments, with a minimum number of one space
disabled parking. Of course that, the final number of additional spaces
disabled parking, is the result of division (number of dwellings
of apartments per 15), rounded to the nearest whole number.
Issue date : 14 July 2021
The Roads and Buildings Regulation Law
Appendix III (Regulation 61 HA)
PERMANENT LIST OF CLARIFICATIONS CONCERNING ITS PROVISIONS
APPENDIX III
Clarification by number 3
This Clarification concerns the interpretation of the paragraphs 4.9, 4.10 and 4.21 of
Capital 4 (Buildings used as residences) of Annex III thereof
Regulation 61HA, in relation to the width of the staircase and the requirements for them
sanitary facilities.
A. In the paragraph 4.9 it is stated that :
"4.9 The requirements of paragraphs apply 3.53 – 3.69»
In relation to the paragraph 4.9, a question was raised as to whether the reference is wrong
in the paragraphs 3.53 – 3.69 and especially in the paragraph 3.63 which determines the minimum
required stair width, considering that the specific
paragraphs are included in the chapter concerning buildings that are not used as
residences.
In this regard, it is clarified that the reference is made correctly : the requirements in paragraphs
3.53 – 3.69 they apply to both residential and non-residential buildings, since they are the
minimum requirements to satisfy accessibility and safety in use.
Consequently, the minimum structural stair width in residential and non-residential buildings
buildings, for the purposes of meeting these requirements it is 1.20 m, and the minimum
width between handrails is 1,00 m.
B. In the paragraph 4.10 it is stated that :
"4.10 Stairways must comply with Regulation 61IA for the
Fire protection."
In relation to the paragraph 4.10 it was reported to the Advisory Committee that, with
based on the paragraphs 7.125 and 7.131 of Regulation 61IA but also its recommendation
Fire Service, "the common staircase must be at least wide
1100mm».
In this regard, it is clarified that, in the event that there is only one staircase in
building, must be satisfied, at the same time, both the minimum requirements
accessibility (1,20m) as well as the minimum fire protection requirements. In such
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case, the minimum stair width that satisfies both requirements is
the 1.20 m.
C. In the paragraph 4.21 the minimum requirements for sanitary facilities are defined
in residential apartments with an area beyond 50 sq. and are given indicatively
examples.
In relation to this paragraph it is clarified that, in the sanitary areas of apartments,
it is not required that the door opens to the outside or that the space has any special features
equipment. In case such an apartment is intended to be used permanently
by a person with a disability, that person will be able to shape him
specific space, according to his own needs, but without requiring the
demolition of walls.
Issue date : 14 July 2021
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