AGPLAW Secures Urgent Ex Parte Interim Order for EOA Lemesos in Unauthorised Construction Proceedings
AGPLAW is pleased to announce that Marina Philippou, Partner, and Ioanna Martidi, Associate Lawyer, have secured an urgent ex parte interim order from the Limassol District Court on behalf of the firm’s client, the Limassol District Local Government Organisation (EOA Lemesos).
The order was obtained in criminal proceedings concerning alleged unauthorised construction and development works at two immovable properties in Limassol. The proceedings involve 24 defendants and concern a total of ten alleged unauthorised constructions and structures.
What did the Court order?
Following consideration of the evidence and legal submissions presented on behalf of EOA Lemesos, the Court granted immediate interim relief restraining the defendants from carrying out any further:
· construction or reconstruction works;
· erection or development works; and
· works involving the alteration of the natural ground.
In practical terms, the order operates as an immediate legal stop on any further development activity at the affected properties. It prevents the alleged unauthorised works from continuing or expanding while the proceedings remain before the Court.
The order therefore preserves the existing position, commonly referred to as maintaining the status quo, until the hearing and final determination of the proceedings.
What is an ex parte interim order?
An ex parte order is a court order obtained at an initial stage without prior notice being given to the opposing parties. It is an exceptional form of judicial relief granted where urgent intervention is considered necessary and where giving advance notice could prejudice or undermine the effectiveness of the order sought.
The fact that the order was granted ex parte means that the Court was satisfied, on the evidence and legal arguments presented at that stage, that the circumstances justified immediate judicial intervention before the defendants were heard.
An interim order is temporary in nature. It does not constitute a final determination of criminal liability or of the merits of the proceedings. Its purpose is to protect the position, prevent further potentially prejudicial activity and ensure that the subject matter of the proceedings is not materially altered before the Court can determine the case.
Why is the order significant?
The order is significant because alleged planning and building control violations can become increasingly difficult to address where additional works continue while legal proceedings are pending.
By immediately prohibiting any further construction, reconstruction, development or alteration of the land, the order prevents the alleged violations from being compounded and protects the effectiveness of the pending proceedings.
Planning and building control requirements also serve a wider public-interest function. They support the orderly development of immovable property and are intended to protect property owners, occupants, neighbouring properties, visitors and the wider public from the potential consequences of works undertaken outside the applicable planning and building regulatory framework.
This successful application reflects AGPLAW’s experience in urgent court applications, ex parte proceedings, interim injunctions and enforcement matters involving planning, building control and unauthorised development in Cyprus.
