Filenews 15 November 2023 - by Dora Christodoulou
The Pafos District Court recently issued a very important decision in relation to a house in the village of Armou in the Paphos district, which collapsed due to the receding ground.
The court awarded the plaintiffs compensation for the purchase amount of the house, €256,000, interest from the date of filing the lawsuit until the plaintiffs' compensation, as well as plaintiffs' costs of €5,000, as well as court costs.
The case was handled by the law firm Michael Kyprianou & Co LLC and as its Director, Savvas Savvides, stated to "F", it is considered pioneering and unprecedented in Cyprus, as in it the judge through his multi-page decision clarifies the responsibility of the state through its public officials regarding the duty of care by exercising their supervisory role. This decision is of decisive importance, Mr. Savvides said, as it demonstrates the need to improve the system and the need to strengthen control and supervision mechanisms in the field of building activity and permits.
The house in question was sold to the British plaintiffs in September 2008. When due to geological problems, the house collapsed in a large part, the couple of buyers took legal action both against the company that built the house and against the Republic of Cyprus through the Attorney General. According to Article 172 of the Constitution, the Attorney General is liable for any wrongful act or omission of officials or authorities in the performance of their duties or in the exercise of their duties, the plaintiffs' lawyer stresses.
The plaintiffs blamed, Savvas Savvides stressed, officers of the Department of Town Planning and Housing, as well as on officers of the Pafos District Administration. The Department of Town Planning and Housing, he said, as the competent authority has the obligation to impose conditions aimed at promoting and regulating the development of an area, while ensuring public safety and health and taking into account the current development plan, as well as any other important factor.
Regarding the disputed pieces of land, he said, there has never been a proposal from the competent body to prohibit residential development there, despite the geological problems of the terrain and the slope of the level.
Regarding the Pafos District Administration, it was pointed out in the decision that it did not carry out the proper control it was obliged to carry out under the law. In addition, that authority failed to include in the building permit the conditions considered necessary in that case. Also condemnable is the lack of professional diligence, as indicated by the decision of Judge G.K. Vlamis, who points out that the Pafos District Administration acted mechanistically and standardly, ignoring the important role it should play according to the law. Exuding a lack of sense of responsibility for the role and obligations assigned to it by law, the Pafos District Administration undoubtedly acted inadequately given the circumstances, according to the decision.
In summary, the Court concluded that both the Department of Town Planning and Housing and the Pafos District Administration had been negligent towards the applicants, as owners and potential owners of the house in question. Moreover, based on the foregoing commentary, it concludes that both public services breached duties arising from the relevant legislation governing their duties, to the detriment of the claimants.
Pursuant to Article 172 of the Constitution, the Republic of Cyprus is liable for any harmful unfair act of its employees or authorities in the exercise of their duties, including omissions, Mr. Savvides stresses. The responsibility of the Republic has been regulated by Article 57 of the Courts Law of 1960. On the basis of the above, the Pafos District Court accepted the applicants' position on liability to officers of the Department of Town Planning and Housing, as well as to officers of the Pafos District Administration and awarded the aforementioned damages against the Republic, as having the responsibility for this attitude of the specific departments.
