I have never seen a copy of title deeds for Cyprus apartments in buildings in joint ownership.
I know this has been discussed in the legal sections and I think the conclusion now by solicitors contributing on this forum is that the roof terrace is an uncovered verandah.
There are some obvious contradictions such as; an apartment on the middle floor has a small verandah which is covered. The apartment above which is a studio penthouse has the exact same size verandah immediately above the verandah below, but this verandah is uncovered (only has a wooden pergola). Similarly. other apartments on middle floors have similar verandahs with a pergola and is uncovered (no apartment verandah above) but is classed as a covered verandah.
This is how the developer has described the units. The acting solicitor at the time of compiling a general agreement only included covered verandahs and did not include open verandahs for apportioning community expenses.
This is what the law says;
38H – (1) The area of a unit consists of the covered area surrounded by the outer walls of the unit and the covered and uncovered verandas and the covered balconies of the unit are included therein. Where common walls exist between units or between a unit and a jointly-owned property, the area of these walls shall be distributed equally among the units which have common boundaries or between the unit and the jointly-owned property, as the case may be.
(2) The area of the unit must be written on the certificate of registration of the unit.
Does anyone know if an official from say the Land Registry could come and inspect apartments and make a ruling on whether open verandahs should be included. Some open verandahs might be thought of as balconies but only covered balconies are included in the law. I think it requires someone in an official capacity to check the plans or visit the complex and make a final decision.
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