• For How Long IS THE PROCEDURE FOR ACQUIRING A PROPERTY IN CYPRUS?

    Assistance

    Cyprus: buying property

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

    Introduction

    Buying property in Cyprus has a number of potential risks. The British High Commission advises potential purchasers to exercise extreme caution when buying a property if the title deeds are not readily offered, as it suggests your property could be at risk.

    Home mortgage liability

    It is common practice for developers to take out home 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 likely to end up being responsible for that home mortgage must the builder, designer or landowner state personal bankruptcy.

    You must ask your attorney to look for mortgages put on the land through a Land Browse Certificate which is gotten from the Land Pc registry. It ought to be kept in mind that in order to get a Land Browse Certificate one needs a pertinent authorisation from the Property’s owner. If you are made aware of a home mortgage prior to signing an agreement it is unlikely that you will acquire the deeds in your name until the home mortgage is paid off.

    Legal representatives are not required to check for mortgages instantly, although excellent legal representatives ought to do this as a matter of course. In 2011 the Republic of Cyprus Federal government presented a Specific Performance Law to give an agreement of sale precedence over any pre-existing home loan however we still strongly advise that you inspect no mortgages have been placed on the land prior to acquire to guarantee you do not encounter prospective problems at a later date.

    See Property For Sale in Cyprus Now

    Other concerns most regularly raised by British nationals consist of:

    • legal representatives acting for both vendors or builders therefore not independent
    • constructing works occurring without the proper planning authorization or building authorization (eg electricity or water).
    • fluctuations in currency and rates of interest affecting mortgages.
    • payment plans or costs not being included in the preliminary agreement.
    • difficulty in getting certificates of final completion (deeds can not be provided without this).
    • trouble in obtaining title deeds.
    • problem in obtaining redress after issues are recognized.
      With all property purchases, we strongly recommend that you seek your own independent legal guidance.

    If you have actually acquired a property or land and are encountering difficulties, you need to look for competent independent legal suggestions on your rights and techniques of redress.

    The Foreign, Commonwealth & Development Workplace (FCDO) and the British High Commission are not able to offer legal guidance or become included with disagreements in between private parties. We direct British nationals to organisations who may be able to assist and we can raise systemic problems, issues which impact a number of consumers, with regional authorities.

    You can check on 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 residential or commercial properties is contested in the north of Cyprus, with countless claims to ownership from people displaced in 1974. Purchase of these properties might have severe monetary and legal ramifications. The European Court of Human Rights has ruled in a variety of cases that owners of property in northern Cyprus before 1974 continue to be regarded as the legal owners of that property.

    Buyers could face legal proceedings in the courts of the Republic of Cyprus, along with efforts to enforce judgments from these courts in other places in the EU, consisting of the UK. There has actually been at least one successful case to implement rulings in the UK, putting at risk property owned in the UK.

    One key concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers should also consider that a future settlement of the Cyprus issue might have major effects for property they acquire, consisting of 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 nationwide prior to 1974 * ^ that was consequently categorized as exchange or ‘gift’ land/property by the Turkish Cypriot “authorities”.

    Purchasers must ensure they are completely knowledgeable about the rules in the north of Cyprus in regard of immigrants acquiring property, including the requirement to obtain grant the transfer of property. Even when purchasing pre-1974 Turkish title land, you might still be declined approval to acquire the land/property and no reason for the refusal might be provided.

    On 20 October 2006, a change to the Republic of Cyprus criminal code connecting to property came into effect. Under the amendment, buying, selling, renting, promoting or mortgaging a property without the authorization 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 offence. The optimum jail sentence is 7 years.

    The amendment to the law likewise mentions that any attempt to undertake such a deal is a criminal offence and might result in a prison 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 connect to the illegal transfer of Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anybody discovered in ownership of these files might be asked to make a declaration to the Cypriot authorities and might face criminal procedures under the 20 October change.

    Any enquiries relating to 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.

    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 prior to 1974.

    If you are a British national and owned a property in the north of Cyprus prior to 1974 (or the successor of somebody meeting those criteria), please contact the British High Commission by email, marking your message to the attention of the Property Officer. They will have the ability to inspect your file and advise on what steps to take if you wish to attempt to recover your property.

    The British High Commission is not able to help double nationals in the country of their other citizenship. If you are a double British/Cypriot national you ought to approach your regional 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 immovable 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 buy stationary property in the SBAs.

    The requirement for authorization exists whether property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has previously gotten permission. Failure to get 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 permission just in the most remarkable situations.

    You must also understand that it is an offense for individuals other than “identified citizens” to reside in the SBAs for more than 28 days in any duration of 12 months, other than in accordance with a license issued under that Regulation. Once again, you might apply for a certificate of acknowledged house or a license, however the Administration only seldom consents to granting these.

    More details.

    Some of the problems that property purchasers experience are very comparable throughout Cyprus. The British High Commission is unable to get involved in individual property problems or legal conflicts, however supports community associations that are devoted to resolving the issues of property purchasers.

    Associations.

    If the company, or legal advisor, you have worked with belongs to AIPP and you are unhappy with the services supplied, you can write to the AIPP who have a disciplinary procedure.

    Legal recommendations.

    British residents affected by property problems must take independent legal recommendations from regional legal representatives.

    Regional authorities.

    If you believe that you have actually been subject to a property criminal activity, you ought to make a declaration to the local police. Remember to obtain a copy of the statement and request for the occurrence number. Please note, there might be a time limitation between the time of the alleged criminal activity and the time within which you make your grievance.

    Cyprus Ombudsman (likewise called Commissioner of Administration and Defense of Human Rights).

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

    It is important to keep in mind that the Ombudsman might not intervene under the following situations:.

    • whenever the public administration has not been involved.
    • in the event of disputes or disagreements between individuals.
    • after one year from the moment when the person knew the events of his complaint.
    • in case of confidential problems, without particular claims presenting bad faith or any claims that may harm legitimate rights of third parties.
    • in the event of non-conformity with the contents of the judicial judgment.
    • problems versus lawyers.

    Problems against attorneys practicing in the Republic of Cyprus need 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.

    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 different ‘Bar Association’ for each district.

    Preliminary investigations into grievances happen within the appropriate district but they are then passed onto the general organisation, the ‘Cyprus Turkish Bar Association’.

    Contact details of local ‘bar associations’:.

    • Nicosia: contact person: Arzu İzveren, email: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact person: Gürcan Bayramoğlu, email: 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, e-mail: mmehtun@yahoo.com phone: 0090392714 69 93.

    Problems against the legal system in the Republic of Cyprus

    Complaints versus the legal system need 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 actually been a victim of property scams, we have published recommendations on which UK authorities to call.

    If you were residing in the UK when you made your purchase you may want to contact the UK European Consumer Centre. This belongs to the European Consumer Centres Network (ECC-Net) that has actually been established by the European Commission in co-operation with member states to help consumers with cross-border disagreements. The UK European Consumer Centre offers details and advice on issues with buying across borders and can arbitrate when issues emerge if they believe it may 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 info is useful, please be aware that it is not planned to be the only assistance for potential purchasers to follow when thinking about purchasing. In addition, we make no representation regarding the quality or accuracy of the info which is available at the web addresses noted in this guide, nor can we accept any duty for the content that is hosted on them. We highly advise that potential purchasers of property in Cyprus seek independent legal and financial advice at all stages of their purchase.

    The European Court of Human being 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 essential problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers ought to likewise think about that a future settlement of the Cyprus issue could have severe consequences for property they buy, consisting of the possible restitution of the property to its initial owner, in addition to settlement payments. Under the amendment, buying, selling, leasing, mortgaging a property or promoting without the approval of the owner (the individual whose ownership is signed up with the Republic of Cyprus Land Computer registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. We highly suggest that prospective buyers of property in Cyprus look for independent legal and financial guidance at all phases of their purchase.

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