The Prefect of Paphos did the right thing in the case of an unsuitable building in Chloraka[/I]
Prefects and Municipal Councils (competent authorities) have the power, through the issuance of an ordinance, to close buildings which are unfit for human habitation as an immediate measure to prevent a risk to public health. This was confirmed by a decision of the Administrative Court on Thursday 23 March 2023, upholding the relevant Decree issued by the Prefect of Paphos in November 2021, prohibiting the use of a particular building within the administrative boundaries of the Chloraka Community Council, after the building was deemed by the competent authority to be unfit for human habitation and use due to unsanitary conditions (non-potable water).
In particular, the Court, adopting the position of the Advocate General of the Republic, held that the Prefect of Paphos was right to intervene by ordering the prohibition of the use of a particular complex, since the requirement to supply the apartments with drinking water was not only a condition for the issue of the building permit, but also a necessary condition for the continued use of the complex. The Court also held that this power did not violate the right to property protected by Article 23 of the Constitution.
Therefore, the decision of the Prefect, as the competent authority, to take immediate measures in favour of the public health of the tenants, with the decree taking effect for a period of time, until appropriate measures had been taken and until there was sufficient, continuous and adequate water for human consumption was, in the overall circumstances, lawful and reasonably permissible.
On behalf of the Attorney General of the Republic, the case was handled by Ms. Gianna Hadjihanna, Senior Attorney of the Republic and Mr. Simos Platis, Attorney at Law.
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