PART I INTRODUCTORY PROVISIONS
Short title
1. This Law shall be referred to as the Preservable Buildings Law 2002.
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Interpretation
2. In this Law
"value" has the meaning assigned to the term in this Article 2 of Real Estate (Possession,
Registration and Evaluation) Law, as it is modified or replaced from time to time;
"preservable building" means a building in respect of which a Preservation Order has been issued, according to
with the article 38 of the Town Planning and Spatial Planning Law;
"Director" means the Director of the Department of Town Planning and Housing;
"permitted building factor" means the building factor determined in accordance with the
Roads and Buildings Regulation Law and the Town Planning and Spatial Planning Law;
"transferred building factor" means the buildable area obtained according to
types of transformation provided for in the Second Schedule;
"receiver building" means a building included in a receiver area;
"donor building" means a listed building
"receiver area" means an area determined under s 3 of this Law;
"budget" means the budget of the Republic, in which revenue is budgeted and
the limits of expenses for each financial year are determined and with which they are depicted, to the extent that
it is practically possible, the assets and liabilities of the Republic at the end of the previous one
financial year and includes how the asset is invested or held, as
and details regarding outstanding obligations;
"maintenance" means any building work or alteration carried out on the listed building;
"Fund" [Deleted]·
"transformation formulas" means the mathematical formulas provided for in the Second Schedule;
"residual carried forward building factor" means the residual building factor which
transferred to the receiver building and calculated according to the First Type of transformation which
provided for in the Second Schedule;
"residual building factor" means the building factor obtained by subtracting from
the permitted building factor of the existing building factor of the donor building;
"Minister" means the Minister for the Interior
"existing building factor" means the building factor covered by the existing building
"gifted transferable building factor" means the building factor gifted for a purpose
its sale or disposition to finance part of the maintenance costs and is calculated accordingly
with the Second Type of transformation provided for in the Second Appendix.
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PART II TRANSFER OF STRUCTURE COEFFICIENT
Receiver area
3.—(1) The Council of Ministers can, after the recommendation of the Minister, by decree published in
Official Gazette of the Republic, to determine receiver areas to which transmission will be permitted
building factor.
(2) The ordinance referred to in sub (1), determines the maximum building factor that can
results from a transferred building factor beyond the maximum allowed building factor in
receiver area and accompanied by a floor plan or plans showing or specifying or
the boundaries of the receiver area are clearly defined:
Provided that instead of a spatial plan or plans, the ordinance may refer to a development plan or plans which
are drawn up in accordance with the Town Planning and Spatial Planning Law.
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Building factor transfer
4.—(1) The Minister can, upon request of the owner of a listed building, to allow transfer
of all or part of the remaining or donated transferable building factor in a recipient area.
(2) The application provided for in the paragraph (1) submitted to the Minister, according to the formula specified
in the First Annex.
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Terms of carriage
5. The Minister can, when granting the license provided for in the article 4, to impose any
terms it deems appropriate, including terms regarding the use of the donor building and the building
receiver, of the location and form that the transferred building factor will take and its maintenance
listed building.
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Permit to carry
6. The permit to transfer the building factor will state, among others
(a) The donor building from which the transfer is approved and the recipient building to which
the transfer was allowed, the area of the plot or plot of the donor building and the recipient building
and the existing and permitted building factor;
(b) the owner of the donor building and the recipient building;
(c) the transferred building factor, with reference to the square meters of buildable area that will
transferred to the receiver building, according to the transformation formulas provided in
Second Annex;
(d) the amount of the contribution to the Republic, in accordance with Article 15; and
(e) the conditions imposed by the Minister, according to the article 5.
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Use the transferable building factor
7. The donor building owner can either use his transferred building rate himself
of his property either to sell it or to dispose of it to any other person.
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Exemption from taxes etc
8. Notwithstanding the provisions of any other law, in case a transferred building factor is sold
or available, the financial consideration collected by the owner of the donor building from the
specific sale or disposal is exempt from payment of any tax, fee or right,
including capital gains tax and transfer charges.
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Entries in the cadastral books
9.—(1) The remaining carried forward building factor is permanently removed from the plot or plot
in which the donor building is located and is permanently added to the block in which the recipient building is located.
(2) Immediately after depositing the amounts and percentages mentioned in the articles 14 and 15 of the present
Law, the Director must notify the Director of the Department of Cadastre and Land Surveying so that he
to enter in the cadastral books it keeps and to write in. certificate of ownership of the building
donor and the receiver building any transfer of residual and/or donated, as the case may be,
building factor.
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Transfer of the entire building factor
10. In the event that a building donor is transferred to the Republic or to a local authority without
any consideration, the Minister may give permission to the owner of this building to transfer to
recipient area the entire permitted building factor of the building that transferred, after being considered as
residual building factor, according to the First Type of transformation provided for in
Second Annex.
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Transfer of building factor in special cases
11. The Minister may approve the transfer of a transferable building rate outside the recipient area to
plot belonging to the owner of the listed building, since the number of floors and the percentage of coverage
of the plot do not create conditions that affect the amenities of the area and do not burden either
negatively alter its environmental and ecological characteristics, during the urban planning crisis
principle.
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Transfer to one or more building receivers
12. The transfer of the donor's transferable construction factor, all or part of it, it can
be done in one or more receiver buildings and either at the same time or at different times.
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Transportable area
13. The area that can be transferred from the donor building to the receiver building is calculated based on
the types of transformation provided for in the Second Annex.
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Gifted transferable area
14.—(1) In the event that a donor building needs maintenance and the owner submits it satisfactorily
data for this purpose, then the Minister can, beyond transfer of residual transferee
building factor, to give permission according to the article 4 of this Law, to be blessed
building factor calculated based on the Second Type of transformation provided for in the Second
Annex.
(2) The amount of money that the owner of the receiver building must pay for this area
calculated based on value per square meter given by the Director of the Lands Department and
of Spatial Measurement and is deposited in the Deposit Account of the Department of Urban Planning and Housing by
owner of the building receiver and, minus the ten percent rate (10%) which is withheld as
contribution to the Republic pursuant to the subsection (1) of the article 15, gradually provided to its owner
building donor, according to the progress of the building maintenance works of the donor building:
Of course that, in case there is a difference between the value given by its Director
Department of Cadastre and Land Surveying and the price that was agreed between the owner of the donor building
and owner of the receiver building, then the amount of money deposited in his Deposit Account
Department of Urban Planning and Housing, is what is agreed between said owners, provided that
is not less than the percentage of seventy percent (70%) on the value given by the
Director of the Department of Cadastre and Land Surveying.
(3) After the lapse of six years from the deposit of the amount of money in his Deposit Account
Department of Urban Planning and Housing, the whole sum of money or any part thereof remaining in the
said account unavailable, becomes the property of the Republic, unless the Minister permits the
extension of the above six-year period, if satisfied that the delay is justified.
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Contribution to the Republic
15. Ten percent rate (10%) on the value of the remaining transferred building factor
deposited as a contribution to the Republic by the owner of the receiver building and an equal percentage on it
value of the gifted transferable building rate is withheld as a contribution to the Republic from the
amount deposited under the article 14.
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Revenues under this Law and their disposition
15A. The income deriving from the unused amount of the donated building rate pursuant to the subsection (3)
of the article 14 and from the contribution to the Republic pursuant to the article 15, are included in
budget and their management is done in accordance with the provisions of the Revenue Management and
Expenditure and Accounting Laws of the Republic 2002 up to 2013, as they are amended from time to time or
are replaced.
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Increase in permitted building factor
16. In the event of an increase in the permitted building factor of a preserved building after the transfer
building factor, the owner of the preserved building can transfer the additional rate
building that has resulted from the increase.
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PART III TAX EXEMPTIONS
Deduction from taxable income
17.—(1) Regardless of the provisions of the Income Tax Law, for finding it
taxable income of the owner of a preserved building will be deducted all expenses that he
suffered entirely and exclusively for the maintenance of a listed building, if the Minister certifies that the
expenditures were made to complete the maintenance works of the building.
(2) It is not granted, by virtue of the paragraph (1), discount to the extent that the amount of expenses exceeds the amount
determined by the Council of Ministers by Decree published in the Official Gazette of the Republic for
every square meter of the listed building's area.
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Exemption from income taxation of income from preserved building
18. In addition to the incomes mentioned in the article 8 of the Income Tax Law shall
incomes derived from the rental of a property are exempt from Income Tax
construction, if the Minister certifies that all the necessary works for the maintenance of the building have been carried out or that it
no maintenance required.
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Exemption from fees and transfer rights
19. All fees and charges imposed at the time of declaration of transfer of listed building,
based on the Land and Spatial Department (Fees and Fees) Law, will be returned to
person to whom the transfer was made if this person presents to the Director of the Department
Cadastre and Land Survey certificate from the Minister that he completed the works within eight years
maintenance of the building or that it does not need maintenance:
It is understood that this article is applied retroactively in cases where it has already been exhausted by
date of entry into force of the Preservable Buildings Act (Amendment) His law 2014 the period
of six years to complete the maintenance works of the building, but without the period having passed
of eight years, and a planning permit is still in effect, after securing its extension,
in accordance with the provisions of the Town Planning and Spatial Planning Laws 1972 until (No. 2) of 2013, such as
they are modified or replaced from time to time.
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Exemption from real estate taxation
20. No tax is imposed or collected under the Real Property Tax Law on
listed building, if the owner presents it to the Director of the Internal Revenue Department
certificate from the Minister that the building's maintenance works have been completed or that it is no longer needed
maintenance.
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PART IV INCENTIVES TO TENANTS OF PRESERVANT BUILDINGS
Provision of incentives to tenants of preserved buildings
21.—(1) Regardless of the provisions of this Law, the Minister can, upon tenant's request
listed building, to provide such tenant with all or part of the incentives provided for in
this Law for the owner of the listed building:
It is understood that for the examination and satisfaction of such an application, the following must be met
conditions:
(a) The application must be countersigned by the owner of the listed building; and
(b) that all the requirements have been met and that all the permits provided for by
this Law or any other legislation for the maintenance of the listed building.
(2) Owner of listed building, who subscribes to any application as above, it is assumed that
irrevocably consents to providing the lessee with the requested incentives and, to her satisfaction
application, he is deprived of the right of future claim for himself of the incentives provided
to the extent and extent that these have actually been provided.
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PART V FUNDING OF CONSERVATORY MAINTENANCE AND RESCUE
OF BUILDINGS
Allocation of an amount from the budget for the purposes of maintenance and rescue of listed buildings
22.-(1) Amount of the budget available for financing
(a) of subsidizing part of the cost of maintaining preserved buildings, and
(b) of the payment, in emergency cases, part of the expenditure for the rescue of listed buildings.
(2) In compliance with the provisions of this Law, as well as the criteria and guidelines that
are adopted pursuant to the article 24, the Director, in the exercise of his powers and authorities,
manages the budget amount and approves the execution of any necessary expenditure in relation to them
purposes of the paragraph (1).
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Grant application
23.—(1) Every owner of a listed building who wishes to receive a grant for the
maintenance of listed building, must submit an application for this purpose to the Director of the Department
of Town Planning and Housing.
(2) The application provided for in the paragraph (1) submitted on a special form determined by its Director
Department of Urban Planning and Housing.
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Grant determination
24.—(1) The amount of the grant or the amount of the expenditure paid in urgent cases by the
relevant budget item, according to the article 22, determined by the Director based on criteria
and guidelines adopted by the Council of Ministers by Decree, which is published in
Official Gazette of the Republic.
(2) The amount of the grant granted above cannot under any circumstances exceed
maximum amounts that the Council of Ministers wants to determine with its above Decree.
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PART VI FINAL PROVISIONS
Cancellations and reservations
25.—(1) With the entry into force of this Law, its Laws on Preservable Buildings are repealed 1992
up to (No. 2) of 1999.
(2) Regardless of the repeal of the aforementioned Laws (hereinafter referred to as “the
repealed laws”)
(a) Any Ordinances or other regulatory or individual acts, made or issued under
of repealed laws and which were in force immediately before the entry into force of this Law,
shall be deemed to have been made or issued under this Law and shall continue in force, except in
extent that are contrary to the provisions of this Law, until modified or
be replaced
(b) any applications, whose examination is pending upon the entry into force of this Law,
will be handled and decided in accordance with the provisions of this Law;
(c) when any time limit, provided for in the repealed laws, had been activated
and continues to run upon the entry into force of this Law and there is a corresponding provision in
this Law, this Law shall apply as if this provision had entered into force at the time when
that period or deadline has begun to run;
(d) each document, which refers to any provision of the repealed Acts, will be interpreted
that refers to the corresponding, if there is, provision of this Law;
(e) those provided for in the article 22 arrangements for the financing of the provisions therein
cases of maintenance and rescue of listed buildings replace the repealed based on
provisions on Preserved Buildings (Amendment) (No. 2) His law 2014, Special Fund
Conservation:
Of course that, all obligations, claims or rights burdened by the Special Fund under abolition
Conservation, from the date of entry into force of the Preservable Buildings Act (Amendment)
(No. 2) His law 2014 are managed in accordance with the provisions of the article 22.
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APPENDICES
FIRST APPENDIX
FIRST APPENDIX
(Article 4(2))
REQUEST FOR TRANSFER OF STRUCTURE COEFFICIENT
Towards
Director of the Department of Urban Planning and Housing •
BUILDING DONOR (Sustainable Building)
Name
owner:………………………………………………………………………………………………………………………………….
Address:…………………………………………………………………………T.T.:…………………………..
Tel.:…………………….
Item number/s:………………………………………………….F/
Fig.:………………………………………………………………..
Parish/Division/Area:…………………………………………………………….City/
Village:…………………………………………..
Area of piece/s:……………………………………………….Acreage
construction:…………………………………………………..
Permissible building conditions: no. Urban planning
Zone:…………………………………………………………………………………
Building factor:……………………………………cover:……. …………..no.
floors:……………………height:………….
Existing use:………………………………………………………………proposed
use:……………………………………
They are attached (only in case of residual building factor):- Spatial plan showing the building- Copy of title deed- Copies of approved architectural plans
RECEIVER BUILDING
Name
owner:………………………………………………………………………………………………………………………………
Address:…………………………………………………………………….T.T.:…………………………..Tel.:………………………
Item number/s:………. …………………………………………….:.F/
Fig.:………………………………………………………
Parish/Division/Area:……………………………………………………….City/
Village:……………………………………………..
Area of piece/s:………………………………………………….Acreage
construction:……………………………………………..
Permissible building conditions: no. Urban Planning Zone:………………………………………………………………………………
Building factor:……………………….cover:……………………no.
floors:…………………..height:…………………..
proposed
use:………………………………………………………………………………………………………………………….
They are attached: – Spatial plan showing the building- Copy of title deed- Copies of architectural study plans of the building- Copies of any licenses obtained
Signatures of owners. Giver:………………………………………………………………..Day:………………………….
Receiver:………………………………………………………….Day:……………………….
SECOND APPENDIX
SECOND APPENDIX
(Article 13)
FIRST TYPE
The residual transferred building factor is calculated based on the following transformation formula:
“PHOTO”
SECOND TYPE
The donated transferred building factor is calculated based on the following transformation formula:
“PHOTO”
Where:
E receiver: The structureable area that can be transferred from the donor fragment to the acceptor fragment in the case
of residual transferred building factor.
Hey receiver: The structureable area that can be freely transferred from the donor fragment to the acceptor fragment in
case of gifted transferable building factor.
Donor: The remaining buildable area of the donor piece equal to the difference of the buildable area of
of an existing building than what could be constructed according to the permitted building factor.
1,1: Increase of the buildable area by 10%.
A donor, A receiver: The value in Cyprus pounds per square meter of the buildable area of the donor plot and the
receiver piece , respectively, as determined by the Director of the Department of Cadastre and Land Surveying.
a.: Until the 50% of the maintenance cost of the listed building minus the grant given by
the Fund, according to the article 24.
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