• 10 TIPS FOR MAKING A GREAT PROPERTY IN CYPRUS LARNACA EVEN BETTER

    Assistance

    Cyprus: buying property

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

    Introduction

    Acquiring property in Cyprus has a variety of possible pitfalls. The British High Commission encourages potential buyers to exercise extreme caution when buying a property if the title deeds are not readily offered, as it indicates your property could be at risk.

    Mortgage liability

    It is common practice for designers to secure mortgages on land or property. If you sign an agreement with a developer and there is already a home loan, loan or claim on the property, then you are most likely to become liable for that home loan needs to the contractor, developer or landowner declare insolvency.

    You ought to ask your lawyer to check for home loans placed on the land through a Land Browse Certificate which is obtained from the Land Pc registry. It needs to be kept in mind that in order to obtain a Land Browse Certificate one needs a pertinent authorisation from the Property’s owner. , if you are made aware of a home loan prior to signing an agreement it is unlikely that you will acquire the deeds in your name up until the mortgage is paid off.

    .

    Legal representatives are not required to look for home mortgages immediately, although great lawyers need to do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Particular Performance Law to give an agreement of sale precedence over any pre-existing mortgage nevertheless we still strongly suggest that you examine no mortgages have actually been put on the land prior to buy to ensure you do not run into potential problems at a later date.

    See Property For Sale in Cyprus Now

    Other issues most often raised by British nationals consist of:

    • lawyers acting for both vendors or contractors therefore not independent
    • building works occurring without the appropriate planning consent or structure authorization (eg electricity or water).
    • fluctuations in currency and interest rates affecting home loans.
    • payment plans or charges not being consisted of in the initial agreement.
    • problem in acquiring certificates of last completion (deeds can not be issued without this).
    • trouble in acquiring title deeds.
    • problem in obtaining redress after issues are determined.
      With all property purchases, we strongly recommend that you seek your own independent legal guidance.

    You need to seek qualified independent legal recommendations on your rights and approaches of redress if you have actually acquired a property or land and are encountering problems.

    The Foreign, Commonwealth & Development Office (FCDO) and the British High Commission are unable to offer legal suggestions or become involved with conflicts between private celebrations. We direct British nationals to organisations who may be able to assist and we can raise systemic concerns, issues which impact a number of consumers, with regional authorities.

    You can examine 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 many properties is disputed in the north of Cyprus, with thousands of claims to ownership from individuals displaced in 1974. Purchase of these residential or commercial properties might have major 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 considered as the legal owners of that property.

    Purchasers might deal with legal procedures in the courts of the Republic of Cyprus, along with efforts to implement judgments from these courts elsewhere in the EU, including the UK. There has actually been at least one successful case to impose rulings in the UK, endangering property owned in the UK.

    One key issue 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 problem could have major repercussions for property they acquire, including the possible restitution of the property to its initial 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 categorized as exchange or ‘gift’ land/property by the Turkish Cypriot “authorities”.

    Purchasers need to guarantee they are completely aware of the rules in the north of Cyprus in respect of foreigners acquiring property, consisting of the requirement to get grant the transfer of property. Even when acquiring pre-1974 Turkish title land, you might still be refused permission to buy the land/property and no factor for the refusal might be given.

    On 20 October 2006, a modification to the Republic of Cyprus criminal code connecting to property entered effect. Under the amendment, buying, selling, renting, mortgaging a property or promoting without the approval of the owner (the individual whose ownership is signed up with the Republic of Cyprus Land Registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. The maximum prison sentence is 7 years.

    The change to the law also specifies that any attempt to undertake such a deal is a criminal offense and could result in a prison sentence of up to 5 years. This law is not retrospective, so will not criminalise transactions that happened prior to 20 October 2006.

    Also 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 undergo confiscation when crossing the Green Line. Anybody discovered in ownership of these files might be asked to make a statement to the Cypriot authorities and might deal with criminal proceedings under the 20 October modification.

    Any queries regarding the scope of this law need to 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.

    Duty 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 heir of somebody meeting those requirements), please call the British High Commission by email, marking your message to the attention of the Property Officer. They will be able to examine your file and recommend on what steps to take if you wish to try to reclaim your property.

    The British High Commission is unable to help dual nationals in the country of their other citizenship. If you are a dual British/Cypriot national you must approach your regional authorities in regard of claims for pre-1974 title deeds.

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

    Persons thinking about the purchase of stationary property (such as land) in the SBAs need to be mindful that the authorization of the Administrator of the Sovereign Base Areas is needed under section 3 of the Immovable Property Acquisition (Control) Regulation 1972 for a non-Cypriot or for a non-Cypriot corporation to purchase unmovable property in the SBAs.

    The requirement for approval exists whether property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has formerly acquired approval. Failure to obtain the permission of the Administrator indicates that the acquisition and registration of the immovable property in question is null and void. The Administrator will give authorization just in the most exceptional circumstances.

    You should likewise be aware that it is an offense for individuals aside from “recognised residents” to live in the SBAs for more than 28 days in any duration of 12 months, except in accordance with a license issued under that Regulation. Once again, you may apply for a certificate of identified home or a license, but the Administration just seldom grant approving these.

    Further details.

    A few of the issues that property purchasers experience are very similar throughout Cyprus. The British High Commission is unable to get involved in private property problems or legal disagreements, but supports neighborhood associations that are devoted to resolving the problems of property purchasers.

    Associations.

    If the company, or legal consultant, you have actually dealt with is a member of AIPP and you are unhappy with the services supplied, you can write to the AIPP who have a disciplinary procedure.

    Legal advice.

    British residents affected by property problems need to take independent legal suggestions from regional legal representatives.

    Regional authorities.

    You ought to make a statement to the local authorities if you believe that you have been subject to a property crime. Remember to obtain a copy of the statement and request for the event number. Please note, there might be a time limitation between the time of the alleged crime and the time within which you make your problem.

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

    The Cyprus Ombudsman acts in the service of residents, consisting of foreign nationals, in order to defend their rights and flexibility versus actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some restrictions) and authorities of the main government and local administrations along with anybody serving as agents or partners of any of these administrations in the fulfilment or execution of public goals or services. Contact information are on their website.

    It is very important to note that the Ombudsman might not intervene under the following scenarios:.

    • whenever the public administration has actually not been included.
    • in case of disputes or conflicts in between individuals.
    • after one year from the minute when the resident understood the events of his grievance.
    • in case of confidential complaints, without particular claims providing bad faith or any claims that might harm genuine rights of third parties.
    • in the event of non-conformity with the contents of the judicial judgment.
    • grievances against attorneys.

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

    Site: www.cyprusbarassociation.org.

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

    Initial examinations into problems happen within the relevant district however they are then passed onto the overall organisation, the ‘Cyprus Turkish Bar Association’.

    Contact information of local ‘bar associations’:.

    • Nicosia: contact person: Arzu İzveren, email: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact person: Gürcan Bayramoğlu, e-mail: gurcanbayramoglu@hotmail.com phone: 0090392816 06 22.
    • Famagusta: contact person: 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.

    Problems versus 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 discover more about EU consumer rights on their website.

    Help in the UK.

    If you think you have actually been a victim of property scams, we have actually released recommendations on which UK authorities to call.

    When you made your purchase you may want to get in touch with the UK European Consumer Centre, if you were living in the UK. This becomes part of the European Customer Centres Network (ECC-Net) that has actually been set up by the European Commission in co-operation with member states to help consumers with cross-border disputes. The UK European Consumer Centre provides information and advice on problems with buying across borders and can arbitrate when problems emerge 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 planned to be the only assistance for prospective buyers to follow when considering making a purchase. In addition, we make no representation regarding the quality or precision of the information which is readily available at the web addresses noted in this guide, nor can we accept any obligation for the content that is hosted on them. We highly recommend that prospective buyers of property in Cyprus seek independent legal and monetary guidance at all stages of their purchase.

    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.

    One key concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective purchasers must also consider that a future settlement of the Cyprus concern could have major repercussions for property they buy, including the possible restitution of the property to its initial owner, in addition to compensation payments. Under the modification, buying, selling, renting, promoting or mortgaging a property without the permission of the owner (the person whose ownership is registered with the Republic of Cyprus Land Pc registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. We strongly advise that potential buyers of property in Cyprus seek independent legal and monetary advice at all stages of their purchase.

    Related Links:

    Useful Links:

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