Section 90 Town and Country Planning Law enables development without unanimous co-owner consent in Cyprus
Section 90 of the Town and Country Planning Law in Cyprus addresses the challenge of co-ownership where one owner holds the right to develop property but other co-owners withhold consent. This legal provision allows planning applications to be submitted without unanimous approval, provided specific conditions are met, balancing property development rights with the protection of co-owners’ amenities and proprietary interests.
Following recent local government reforms, significant planning authority has shifted to District Government Organisations (EOAs), which now examine section 90 applications. However, central government involvement remains mandatory through the requirement of the director of the Department of Town Planning and Housing’s concurrence before planning decisions are finalized.
Experts suggest that to achieve true decentralization and adhere to the European Charter of Local Self-Government, the discretion over individual planning cases should be fully entrusted to EOAs. The director of Town Planning could retain a strategic guidance role, while local authorities assume full responsibility for planning decisions, promoting efficiency and reinforcing local self-government in Cyprus.
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