Contractor – Temporary
Execution of Building and Civil Engineering Projects - Temporary Cross-Border Provision of Services
General Information
In order to temporarily execute Building and Civil Engineering Projects in the Republic of Cyprus, one needs to notify the Council for the Registration and Control of Building and Civil Engineering Contractors.
The term “contractor” means an individual, or body corporate, which by profession undertakes to execute or executes a building or civil engineering project (including the commissioning of labour only) against a specified sum or percentage remuneration or against any other lawful consideration except for a salary or for his own exploit or for any other use or purpose.
Specifically, the “civil engineering project” means the erection or construction, or extension, or alteration, or repair of any work, which technically belongs to the field of civil engineering and which is not a building project, and includes roadworks, the construction of bridges, tunnels, dams, drains, harbour works, airports, sewers, drainage, water and irrigation works, beach protection works, quarrying and mining works but does not include fencing and retaining wall constructions of a height not exceeding 150 cm, the digging out of ditches of up to 80 cm in depth and the laying out of pipes of less than 10 cm in diameter unless the Council deems that it is a civil engineering project of a specific class on account of the project’s nature and special features.
Whereas, the “building project” means:
- the construction, reconstruction, erection, re-erection and restoration of a building;
- any building work, which constitutes, or includes, the construction, erection, addition, alteration, arrangement, repair, improvement or demolition of a building or part thereof or any work of extension, repair or alteration to the load-bearing structure or which affects the load-bearing structure of a building, or any other building work which affects the public’s safety;
- the wall cladding, the floorings, the construction of formwork, the roofing of a building including the foundation work, all building-related earthworks, the construction of retaining walls, fencing and all attachments or ancillary constructions of a building;
- every preliminary or preparatory work including building or construction work for electrical, plumbing installations, air conditioning, ventilation, water supply, sewage or other complementary work of a building and the term “building works” shall be construed respectively.
Notably, the projects are classified into five classes according to their type and area or their total value in the case of building projects or civil engineering projects respectively (see Classification of works by category, class and type provided in related documents).
Notification Submission
Who Is Eligible
Any physical person or legal entity, registered in the Contractors Register of the EU member state of origin of renowned repute and capacity in relation to their business and to the execution of building and civil engineering projects, may notify the Council for the Registration and Control of Building and Civil Engineering Contractors and undertake to execute building and civil engineering projects for a specific time period. Where such a project shall be executed by a contractor, who is not registered in the Contractors Register of an EU member state, the project is to be executed in co-operation with a registered contractor, who holds an annual licence for the class and category of the project to be executed.
Where To Notify
The notification (form «Notification of intention to provide cross-border services by contractors established in a Member State of the European Union») concerning the provision of cross-border services can be submitted either through the PSC Cyprus or by contacting directly the:
Council for the Registration and Control of Building and Civil Engineering Contractors
9, Androkleous street
2nd floor, Office 204, 1060 Nicosia
P.O.Box 20595, 1660 Nicosia
Tel. : + 357 22206306/313
Fax : + 357 22206370
Email: concounc@cytanet.com.cy
Website: http://www.contractorscouncil.org.cy
Which Certificates Must Be Submitted
The notification should be accompanied by the following documents:
- Copy of proof of nationality;
- Copy of attestation of legal establishment;
- Copy of evidence of professional qualifications;
- Copy of evidence of two-year professional experience (only if the profession is not regulated in the Member State of establishment);
- Copy of evidence of no criminal convictions.
Legislation & Obligations
Which Laws & Regulations Apply
- ‘The Registration and Control of Building and Civil Engineering Contractors Law of 2001 (29(I)/2001)’
- ‘The Registration and Control of Building and Civil Engineering Contractors (Contractor’s Duties and Obligations and Disciplinary Procedure) Regulations of 2002’
What Are My Obligations
Contractors executing building and civil Engineering projects in the Republic of Cyprus are obliged to comply with the provisions of the Registration and Control of Building and Civil Engineering Contractors (Contractor’s Duties and Obligations and Disciplinary Procedure) Regulations of 2002, as periodically amended, and specifically, among others, to:
- exhibit a decent conduct, behave in manner consistent with the profession, defend the honour and dignity of the profession and their behaviour must always be governed by integrity and honesty and not make any false or misleading representations or advertisement referring to their experience, or their class, or in general to their profession;
- keep a name-board posted on every building site of the project executed, which shall state the contractor’s name, registration number, the address, the logo of the Council for the Registration and Control of Building and Civil Engineering Contractors, the class of experience and the class of the annual licence in force;
- immediately inform the Council for the Registration and Control of Building and Civil Engineering Contractors of any resignations or new engagements of technical staff or technical directors of companies employed on a permanent basis and during all working hours of the building sites;
- faithfully and diligently fulfill the obligations they have towards their clients and not do any acts or actions or make any default, which tend or are designed to evade the responsibility they have towards their client;
- make every possible effort so that a spirit of politeness, collegiality, courtesy and mutual respect prevails among them and to abstain from any incongruous, or harmful comment directed against any of their colleagues;
- always show proper respect towards their clients and to behave with decency towards their colleagues.
Contracts for the execution of a building or civil engineering project of a value exceeding seventeen thousand euros must be in written form, signed by the both contracting parties and describes the project to be executed. Within 14 days from the conclusion of the contract the registered contractor who entered into such contract is obliged to send a written notice to the Council for the registration and control of building and civil engineering contractors mentioning the proposed date of commencement of the project’s execution. Moreover, such registered contractor is also obliged to send a written notice to the Council at least 14 days prior to the commencement of the project stating the date of the commencement of the execution of the project and among others the type, class, location and description of the project, which is to be executed.
The Council for the Registration and Control of Building and Civil Engineering Contractors has the duty to exercise disciplinary control on the registered contractors and impose disciplinary penalties, such as the deletion of a registered contractor from the register or cancel, the suspension of certificates or licences issued, the downgrading of a contractor to a lower class etc.