• 10 leading tips for discovering a property to lease in Cyprus.

    Assistance

    Cyprus: buying property

    Details on laws and taxes for British nationals who want to buy property in Cyprus.

    Introduction

    Purchasing property in Cyprus has a number of potential mistakes. The British High Commission encourages potential purchasers to work out severe caution when buying a property if the title deeds are not readily available, as it indicates your property could be at risk.

    Home mortgage liability

    It prevails practice for designers to get mortgages on land or property. If you sign a contract with a designer and there is currently a home mortgage, loan or claim on the property, then you are most likely to become accountable for that home loan needs to the builder, designer or landowner declare bankruptcy.

    You need to ask your lawyer to look for mortgages put on the land through a Land Browse Certificate which is gotten from the Land Computer registry. It needs to be kept in mind that in order to obtain a Land Search Certificate one requires a pertinent authorisation from the Property’s owner. , if you are made aware of a home loan prior to signing an agreement it is not likely that you will get the deeds in your name up until the home loan is paid off.

    .

    Attorneys are not needed to look for home loans instantly, although good legal representatives should do this as a matter of course. In 2011 the Republic of Cyprus Government presented a Specific Performance Law to offer a contract of sale precedence over any pre-existing home mortgage nevertheless we still strongly recommend that you examine no mortgages have been placed on the land prior to purchase to ensure you do not run into possible troubles at a later date.

    See Property For Sale in Cyprus Now

    Other problems most frequently raised by British nationals include:

    • attorneys acting for both vendors or builders therefore not independent
    • constructing works occurring without the right planning authorization or building permit (eg electricity or water).
    • fluctuations in currency and rate of interest impacting home loans.
    • payment plans or fees not being consisted of in the initial contract.
    • problem in acquiring certificates of final completion (deeds can not be issued without this).
    • difficulty in obtaining title deeds.
    • difficulty in obtaining redress after problems are determined.
      With all property purchases, we highly advise that you seek your own independent legal guidance.

    You ought to seek qualified independent legal recommendations on your rights and methods of redress if you have acquired a property or land and are encountering troubles.

    The Foreign, Commonwealth & Advancement Office (FCDO) and the British High Commission are unable to offer legal advice or become included with disputes in between personal celebrations. We direct British nationals to organisations who may be able to assist and we can raise systemic issues, problems which impact a number of customers, with local authorities.

    You can check on the Association of International Property Professionals website to see if a company or legal advisor are members.

    Buying property in the north of Cyprus.

    The ownership of numerous homes is challenged in the north of Cyprus, with thousands of claims to ownership from people displaced in 1974. Purchase of these properties could have severe financial and legal ramifications. The European Court of Human Rights has actually ruled in a number of cases that owners of property in northern Cyprus before 1974 continue to be regarded as the legal owners of that property.

    Purchasers could face legal proceedings in the courts of the Republic of Cyprus, in addition to attempts to impose judgments from these courts in other places in the EU, consisting of the UK. There has been at least one successful case to enforce rulings in the UK, jeopardizing property owned in the UK.

    One essential problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers must likewise consider that a future settlement of the Cyprus issue might have major consequences for property they acquire, including the possible restitution of the property to its original owner, in addition to payment payments.

    • in the north of Cyprus that was owned by a Greek Cypriot national prior to 1974 * ^ that was subsequently classified as exchange or ‘present’ land/property by the Turkish Cypriot “authorities”.

    Purchasers must guarantee they are completely aware of the rules in the north of Cyprus in regard of immigrants buying property, including the requirement to acquire grant the transfer of property. Even when acquiring pre-1974 Turkish title land, you may still be refused approval to buy the land/property and no factor for the rejection may be provided.

    On 20 October 2006, a change to the Republic of Cyprus criminal code connecting to property came into effect. Under the modification, buying, selling, leasing, mortgaging a property or promoting without the consent of the owner (the individual whose ownership is registered with the Republic of Cyprus Land Computer system registry, including Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. The optimum jail sentence is 7 years.

    The amendment to the law also mentions that any attempt to carry out such a transaction is a criminal offense and might result in a jail sentence of as much as 5 years. This law is not retrospective, so will not criminalise deals that took place prior to 20 October 2006.

    Also documents associating with the purchase of property in the north of Cyprus will be presumed by the Cypriot authorities to relate to the prohibited transfer of Greek Cypriot property and may go through confiscation when crossing the Green Line. Anyone discovered in ownership of these files might be asked to make a declaration to the Cypriot authorities and might deal with criminal procedures under the 20 October modification.

    Any queries relating to the scope of this law should be made to the Republic of Cyprus High Commission in London or to the Ministry of Foreign affairs for the Republic of Cyprus:.

    RoC High Commission London.
    13, St James’s Square.
    London SW1Y 4LB.

    Telephone: +44 (0) 207 3214 100.

    Email: cyprusinuk@mfa.gov.uk.

    RoC Ministry of Foreign Affairs.
    Presidential Palace Avenue.
    1447 Nicosia.

    Telephone: +357 22651000.

    Fax: +357 22661881.

    Task Officer: +357 99 660129 (for emergency assistance and strictly after workplace hours: 07:30– 16:00 (Monday – Friday).

    Email: info@mfa.gov.cy.

    Property owned before 1974.

    If you are a British nationwide and owned a property in the north of Cyprus before 1974 (or the successor of somebody conference those requirements), please get in touch with the British High Commission by email, marking your message to the attention of the Property Officer. If you want to attempt to recover your property, they will be able to check your file and recommend on what actions to take.

    The British High Commission is unable to assist double nationals in the nation of their other nationality. If you are a dual British/Cypriot nationwide you must approach your local authorities in respect of claims for pre-1974 title deeds.

    Buying property or land in the Sovereign Base Locations (SBAs).

    Individuals considering the purchase of stationary property (such as land) in the SBAs need to be aware that the authorization of the Administrator of the Sovereign Base Locations is required under area 3 of the Immovable Property Acquisition (Control) Ordinance 1972 for a non-Cypriot or for a non-Cypriot corporation to purchase unmovable property in the SBAs.

    The requirement for authorization exists whether or not property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has previously obtained permission. Failure to obtain the approval of the Administrator means that the acquisition and registration of the immovable property in question is null and void. The Administrator will provide authorization just in the most remarkable situations.

    You ought to also be aware that it is an offense for persons aside from “recognised homeowners” to reside in the SBAs for more than 28 days in any period of 12 months, except in accordance with an authorization issued under that Ordinance. Again, you may look for a certificate of identified home or a permit, but the Administration just rarely consents to giving these.

    Additional details.

    A few of the issues that property buyers experience are very similar throughout Cyprus. The British High Commission is not able to get associated with private property problems or legal disagreements, however supports community associations that are committed to dealing with the problems of property purchasers.

    Associations.

    If the business, or legal consultant, you have actually dealt with belongs to AIPP and you are unhappy with the services offered, you can write to the AIPP who have a disciplinary treatment.

    Legal advice.

    British people impacted by property problems must take independent legal recommendations from regional legal representatives.

    Local police.

    If you think that you have actually gone through a property criminal activity, you need to make a statement to the local police. Remember to obtain a copy of the statement and ask for the occurrence number. Please note, there might be a time restriction in between the time of the supposed crime and the time within which you make your complaint.

    Cyprus Ombudsman (also referred to as Commissioner of Administration and Defense of Human Rights).

    The Cyprus Ombudsman acts in the service of residents, including foreign nationals, in order to defend their rights and liberty versus actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some limitations) and authorities of the central government and regional administrations as well as anybody acting as agents or partners of any of these administrations in the fulfilment or execution of public objectives or services. Contact information are on their site.

    It is very important to note that the Ombudsman may not intervene under the following circumstances:.

    • whenever the general public administration has actually not been involved.
    • in case of conflicts or disputes between people.
    • after one year from the moment when the resident knew the occasions of his complaint.
    • in case of anonymous grievances, without specific claims presenting bad faith or any claims that might damage legitimate rights of 3rd parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • grievances against legal representatives.

    Problems versus lawyers practicing in the Republic of Cyprus ought to be addressed to:.

    The Cyprus Bar Association.
    Florinis 11, off.101, 1st Floor,.
    1065, Nicosia P.O.Box. 21446,.
    1508, Nicosia– Cyprus.

    Telephone: +357 22873300 Fax: +35722873013.

    Email: cybar3@cytanet.com.cy.

    Site: www.cyprusbarassociation.org.

    Complaints versus legal representatives practicing in the north of Cyprus might be made in writing to the pertinent regional ‘Bar Association’. There is a different ‘Bar Association’ for each district.

    Preliminary examinations into problems occur within the appropriate district but they are then passed onto the total organisation, the ‘Cyprus Turkish Bar Association’.

    Contact details of regional ‘bar associations’:.

    • Nicosia: contact person: Arzu İzveren, e-mail: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact person: Gürcan Bayramoğlu, email: gurcanbayramoglu@hotmail.com phone: 0090392816 06 22.
    • Famagusta: contact individual: Mine Vehit, e-mail: mine-vehit@hotmail.com phone: 0090392366 16 88.
    • Morphou: contact individual: Mehtun Muslu, email: mmehtun@yahoo.com phone: 0090392714 69 93.

    Complaints against the legal system in the Republic of Cyprus

    Problems against the legal system must be made to the Attorney General’s Workplace:.

    Mr George L. Savvides.
    Attorney General.
    Law Office of the Republic of Cyprus.
    1403 Nicosia.
    Cyprus

    European Commissioner.

    There is a European Commissioner for Justice, Consumers and Gender Equality. Their address is:.

    Directorate-General for Justice and Consumers.
    European Commission.
    1049 Brussels.
    Belgium.

    You can find out more about EU consumer rights on their website.

    Assist in the UK.

    If you believe you have actually been a victim of property fraud, we have actually released guidance on which UK authorities to get in touch with.

    When you made your purchase you may want to call the UK European Consumer Centre, if you were living in the UK. This is part of the European Consumer Centres Network (ECC-Net) that has been established by the European Commission in co-operation with member states to help customers with cross-border disagreements. The UK European Consumer Centre offers details and guidance on issues with buying across borders and can arbitrate when problems arise if they believe it might help.

    Address:.

    UK European Consumer Centre.
    Chartered Trading Standards Institute.
    1 Sylvan Court.
    Sylvan Way.
    Southfields Business Park.
    Basildon.
    Essex SS15 6TH.

    Telephone: +44 (0) 1268 886 690.

    Fax: +44( 0 )1268 582 225.

    Email address: eccnet-uk@ec.europa.eu.

    Disclaimer.

    While we hope that this information is useful, please be aware that it is not intended to be the only guidance for prospective buyers to follow when thinking about making a purchase. In addition, we make no representation as to the quality or accuracy of the info which is offered at the web addresses listed in this guide, nor can we accept any responsibility for the material that is hosted on them. We strongly recommend that potential buyers of property in Cyprus look for independent legal and financial guidance at all stages of their purchase.

    The European Court of Human Rights has actually ruled in a number of cases that owners of property in northern Cyprus before 1974 continue to be concerned as the legal owners of that property.

    One key problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and possible purchasers must likewise consider that a future settlement of the Cyprus issue could have severe repercussions for property they acquire, including the possible restitution of the property to its initial owner, in addition to compensation payments. Under the amendment, buying, selling, renting, promoting or mortgaging a property without the permission of the owner (the individual whose ownership is signed up with the Republic of Cyprus Land Registry, including Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. We strongly recommend that potential purchasers of property in Cyprus seek independent legal and financial suggestions at all stages of their purchase.

    Related Links:

    Useful Links:

    • Land and Property(link)
    • Housing Schemes(link)