• 10 POINTERS FOR MAKING An EXCELLENT PROPERTY IN CYPRUS LARNACA EVEN BETTER

    Assistance

    Cyprus: buying property

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

    Introduction

    Acquiring property in Cyprus has a variety of possible mistakes. The British High Commission advises possible buyers to exercise extreme care when buying a property if the title deeds are not easily offered, as it implies your property could be at risk.

    Home mortgage liability

    It prevails practice for designers to get home mortgages on land or property. If you sign an agreement with a designer and there is currently a home loan, loan or claim on the property, then you are likely to end up being accountable for that mortgage ought to the contractor, developer or landowner state bankruptcy.

    You need to ask your lawyer to check for home mortgages put on the land through a Land Search Certificate which is acquired from the Land Registry. It should be kept in mind that in order to get a Land Search Certificate one requires a relevant authorisation from the Property’s owner. If you are made aware of a home mortgage before signing an agreement it is not likely that you will obtain the deeds in your name until the home mortgage is settled.

    Attorneys are not required to look for mortgages automatically, although great lawyers need to do this as a matter of course. In 2011 the Republic of Cyprus Government presented a Specific Efficiency Law to give an agreement of sale precedence over any pre-existing home mortgage however we still strongly advise that you inspect no home loans have been placed on the land prior to acquire to guarantee you do not face possible difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other issues most regularly raised by British nationals include:

    • legal representatives acting for both home builders or vendors for that reason not independent
    • developing works taking place without the appropriate planning consent or building permit (eg electrical power or water).
    • variations in currency and rates of interest affecting home mortgages.
    • payment plans or costs not being included in the initial contract.
    • problem in acquiring certificates of final completion (deeds can not be provided without this).
    • problem in obtaining title deeds.
    • difficulty in getting redress after issues are identified.
      With all property purchases, we strongly recommend that you seek your own independent legal recommendations.

    If you have purchased a property or land and are encountering difficulties, you need to look for qualified independent legal advice on your rights and approaches of redress.

    The Foreign, Commonwealth & Development Office (FCDO) and the British High Commission are not able to offer legal recommendations or become involved with conflicts in between personal celebrations. We direct British nationals to organisations who may be able to help and we can raise systemic issues, problems which affect a number of clients, with local authorities.

    You can look at the Association of International Property Professionals website to see if a company or legal consultant are members.

    Buying property in the north of Cyprus.

    The ownership of numerous residential or commercial properties is disputed in the north of Cyprus, with countless claims to ownership from individuals displaced in 1974. Purchase of these homes could have serious monetary and legal ramifications. The European Court of Human Rights has 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.

    Buyers might deal with legal proceedings in the courts of the Republic of Cyprus, in addition to efforts to implement judgments from these courts elsewhere in the EU, including the UK. There has been at least one successful case to implement judgments in the UK, putting at risk property owned in the UK.

    The leaders of both neighborhoods are presently in settlements to attempt to solve the Cyprus concern. One key concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective purchasers need to also think about that a future settlement of the Cyprus concern could have major effects for property they acquire, consisting of the possible restitution of the property to its initial owner, in addition to compensation payments. In particular, potential purchasers need to consider the ramifications of any future settlement on land/property:.

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

    Purchasers need to guarantee they are totally aware of the rules in the north of Cyprus in regard of foreigners purchasing property, consisting of the requirement to acquire consent to the transfer of property. Even when acquiring pre-1974 Turkish title land, you may still be refused permission to buy the land/property and no factor for the refusal might be offered.

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code connecting to property came into result. Under the modification, buying, selling, renting, promoting or mortgaging a property without the approval of the owner (the person whose ownership is signed up with the Republic of Cyprus Land Pc registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. The optimum prison sentence is 7 years.

    The modification to the law likewise mentions that any effort to carry out such a deal is a criminal offense and could lead to a prison sentence of as much as 5 years. This law is not retrospective, so will not criminalise transactions that happened prior to 20 October 2006.

    Files relating to the purchase of property in the north of Cyprus will be presumed by the Cypriot authorities to relate to the illegal transfer of Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anyone found in possession of these files might be asked to make a statement to the Cypriot authorities and might deal with criminal procedures under the 20 October modification.

    Any enquiries regarding the scope of this law must 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.

    Responsibility 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 prior to 1974 (or the successor of someone conference those requirements), please call the British High Commission by e-mail, marking your message to the attention of the Property Officer. They will have the ability to check your file and encourage on what steps to take if you want to try to reclaim your property.

    The British High Commission is unable to assist dual nationals in the nation of their other citizenship. , if you are a dual British/Cypriot national you ought to approach your regional authorities in regard of claims for pre-1974 title deeds.

    .

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

    Persons thinking about the purchase of immovable property (such as land) in the SBAs require to be mindful that the permission of the Administrator of the Sovereign Base Locations is needed under section 3 of the Immovable Property Acquisition (Control) Ordinance 1972 for a non-Cypriot or for a non-Cypriot corporation to buy stationary property in the SBAs.

    The requirement for permission exists whether property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has previously obtained consent. Failure to get 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 permission only in the most remarkable situations.

    You need to also be aware that it is an offence for persons besides “identified citizens” to reside in the SBAs for more than 28 days in any period of 12 months, other than in accordance with a permit issued under that Ordinance. Once again, you may apply for a certificate of recognised residence or a license, but the Administration just seldom consents to approving these.

    More info.

    A few of the problems that property buyers experience are really comparable throughout Cyprus. The British High Commission is not able to get associated with specific property problems or legal disputes, however supports community associations that are devoted to solving the problems of property buyers.

    Associations.

    If the company, or legal advisor, you have actually dealt with belongs to AIPP and you are dissatisfied with the services provided, you can write to the AIPP who have a disciplinary procedure.

    Legal advice.

    British citizens impacted by property issues ought to take independent legal suggestions from regional lawyers.

    Regional police.

    You must make a declaration to the regional authorities if you think that you have been subject to a property criminal activity. Remember to get a copy of the declaration and request the incident number. Please note, there might be a time constraint between the time of the supposed criminal offense and the time within which you make your complaint.

    Cyprus Ombudsman (likewise known as Commissioner of Administration and Security of Human Rights).

    The Cyprus Ombudsman acts in the service of people, consisting of foreign nationals, in order to defend their rights and liberty against actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some restrictions) and authorities of the main federal government and regional administrations along with anybody acting as representatives or collaborators of any of these administrations in the fulfilment or execution of public goals or services. Contact details are on their website.

    It is very important to keep in mind that the Ombudsman may not step in under the following scenarios:.

    • whenever the public administration has not been included.
    • in the event of disputes or disputes in between individuals.
    • after one year from the moment when the resident had knowledge of the events of his grievance.
    • in case of confidential grievances, without particular claims providing bad faith or any claims that may damage legitimate rights of 3rd parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • grievances versus legal representatives.

    Grievances versus lawyers practicing in the Republic of Cyprus ought to be resolved to:.

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

    Telephone: +357 22873300 Fax: +35722873013.

    Email: cybar3@cytanet.com.cy.

    Website: www.cyprusbarassociation.org.

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

    Preliminary investigations into complaints happen within the relevant district however they are then passed onto the general organisation, the ‘Cyprus Turkish Bar Association’.

    Contact information of regional ‘bar associations’:.

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

    Grievances against the legal system in the Republic of Cyprus

    Grievances against the legal system ought to 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 learn more about EU consumer rights on their website.

    Assist in the UK.

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

    If you were residing in the UK when you made your purchase you might wish to contact the UK European Consumer Centre. 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 consumers with cross-border disputes. When issues arise if they think it may help, the UK European Consumer Centre offers info and suggestions on issues with buying across borders and can arbitrate.

    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 info is useful, please understand that it is not meant to be the only guidance for potential buyers to follow when considering buying. In addition, we make no representation as to the quality or accuracy of the info which is readily available at the web addresses noted in this guide, nor can we accept any responsibility for the content that is hosted on them. We strongly recommend that potential purchasers of property in Cyprus look for independent legal and monetary guidance at all phases of their purchase.

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

    One key concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential purchasers must also consider that a future settlement of the Cyprus concern might have major consequences for property they acquire, consisting of the possible restitution of the property to its original owner, in addition to payment payments. Under the amendment, buying, selling, renting, promoting or mortgaging a property without the consent of the owner (the individual whose ownership is signed up with the Republic of Cyprus Land Computer system registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. We strongly recommend that potential purchasers of property in Cyprus seek independent legal and financial guidance at all phases of their purchase.

    Related Links:

    Useful Links:

    • Caution regarding property purchases in the occupied area of Cyprus(link)
    • Living in Cyprus(link)