• For How Long IS THE TREATMENT FOR BUYING A PROPERTY IN CYPRUS?

    Guidance

    Cyprus: buying property

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

    Intro

    Purchasing property in Cyprus has a number of potential pitfalls. The British High Commission recommends possible purchasers to work out extreme care when buying a property if the title deeds are not easily offered, as it indicates your property could be at risk.

    Mortgage liability

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

    You need to ask your legal representative to check for home mortgages placed on the land through a Land Browse Certificate which is obtained from the Land Computer system registry. It ought to be kept in mind that in order to acquire a Land Browse Certificate one requires a relevant authorisation from the Property’s owner. If you are warned of a mortgage before signing a contract it is unlikely that you will acquire the deeds in your name till the mortgage is settled.

    Legal representatives are not needed to check for home loans immediately, although excellent legal representatives must do this as a matter of course. In 2011 the Republic of Cyprus Federal government presented a Particular Performance Law to offer a contract of sale precedence over any pre-existing home loan nevertheless we still highly recommend that you inspect no home mortgages have been put on the land prior to purchase to ensure you do not face potential troubles at a later date.

    See Property For Sale in Cyprus Now

    Other problems most frequently raised by British nationals consist of:

    • attorneys acting for both suppliers or contractors therefore not independent
    • constructing works occurring without the appropriate planning permission or building authorization (eg electrical power or water).
    • changes in currency and interest rates affecting mortgages.
    • payment plans or fees not being consisted of in the preliminary contract.
    • problem in getting certificates of final conclusion (deeds can not be issued without this).
    • trouble in getting title deeds.
    • difficulty in acquiring redress after problems are recognized.
      With all property purchases, we highly advise that you seek your own independent legal guidance.

    If you have actually purchased a property or land and are encountering difficulties, you must seek certified independent legal advice on your rights and approaches of redress.

    The Foreign, Commonwealth & Advancement Workplace (FCDO) and the British High Commission are not able to provide legal advice or end up being included with conflicts in between personal celebrations. We direct British nationals to organisations who may be able to help and we can raise systemic concerns, issues which affect a number of customers, 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 numerous residential or commercial properties is contested in the north of Cyprus, with thousands of claims to ownership from individuals displaced in 1974. Purchase of these homes could have severe financial and legal implications. The European Court of Human Rights has actually ruled in a variety of cases that owners of property in northern Cyprus before 1974 continue to be considered as the legal owners of that property.

    Purchasers could face legal proceedings in the courts of the Republic of Cyprus, in addition to efforts to implement judgments from these courts somewhere else in the EU, consisting of the UK. There has been at least one effective case to implement rulings in the UK, threatening property owned in the UK.

    The leaders of both neighborhoods are presently in settlements to attempt to fix the Cyprus concern. One crucial problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers ought to also consider that a future settlement of the Cyprus issue could have severe effects for property they purchase, consisting of the possible restitution of the property to its original owner, in addition to compensation payments. In particular, potential buyers ought to think about the ramifications of any future settlement on land/property:.

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

    Buyers should ensure they are completely familiar with the rules in the north of Cyprus in respect of immigrants purchasing property, including the requirement to get consent to the transfer of property. Even when purchasing pre-1974 Turkish title land, you might still be declined permission to purchase the land/property and no factor for the rejection might be given.

    On 20 October 2006, a change to the Republic of Cyprus criminal code associating with property came into effect. Under the modification, buying, selling, renting, promoting or mortgaging a property without the authorization of the owner (the person whose ownership is registered with the Republic of Cyprus Land Computer registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. The optimum jail sentence is 7 years.

    The amendment to the law also states that any effort to undertake such a transaction is a criminal offense and could lead to a prison sentence of approximately 5 years. This law is not retrospective, so will not criminalise transactions that happened prior to 20 October 2006.

    Documents relating to the purchase of property in the north of Cyprus will be presumed by the Cypriot authorities to relate to the unlawful transfer of Greek Cypriot property and might be subject to confiscation when crossing the Green Line. Anyone found in possession of these documents might be asked to make a statement to the Cypriot authorities and might deal with criminal proceedings under the 20 October change.

    Any enquiries 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.

    Responsibility Officer: +357 99 660129 (for emergency assistance and strictly after office 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 before 1974 (or the successor of someone meeting those criteria), please contact the British High Commission by e-mail, marking your message to the attention of the Property Officer. If you want to try to recover your property, they will be able to inspect your file and recommend on what actions to take.

    The British High Commission is not able to help double nationals in the country of their other nationality. If you are a double British/Cypriot nationwide you should approach your local authorities in regard of claims for pre-1974 title deeds.

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

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

    The requirement for approval exists whether property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has formerly gotten authorization. Failure to obtain the permission of the Administrator means that the acquisition and registration of the unmovable property in question is null and void. The Administrator will offer authorization only in the most remarkable situations.

    You need to also be aware that it is an offense for persons besides “acknowledged citizens” to live in the SBAs for more than 28 days in any period of 12 months, except in accordance with a permit issued under that Ordinance. Again, you might obtain a certificate of identified house or a license, however the Administration just rarely grant giving these.

    More information.

    A few of the issues that property purchasers experience are really similar throughout Cyprus. The British High Commission is unable to get associated with individual property problems or legal conflicts, but supports community associations that are devoted to resolving the issues of property buyers.

    Associations.

    If the business, or legal advisor, you have dealt with is a member of AIPP and you are dissatisfied with the services provided, you can write to the AIPP who have a disciplinary treatment.

    Legal advice.

    British citizens impacted by property issues need to take independent legal advice from local lawyers.

    Regional police.

    You ought to make a statement to the local police if you think that you have actually been subject to a property crime. Remember to obtain a copy of the declaration and ask for the event number. Please note, there may be a time restriction between the time of the alleged criminal activity and the time within which you make your problem.

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

    The Cyprus Ombudsman acts in the service of residents, including foreign nationals, in order to defend their rights and freedom against actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some limitations) and authorities of the central federal government and local administrations in addition to anybody functioning 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 essential to keep in mind that the Ombudsman might not intervene under the following circumstances:.

    • whenever the public administration has actually not been involved.
    • in the event of conflicts or disputes in between individuals.
    • When the person had knowledge of the occasions of his grievance, after one year from the moment.
    • in the event of confidential grievances, without particular claims providing bad faith or any claims that might harm legitimate rights of third parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • complaints versus attorneys.

    Complaints against attorneys practicing in the Republic of Cyprus should be resolved 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 attorneys practicing in the north of Cyprus might be made in writing to the relevant local ‘Bar Association’. There is a different ‘Bar Association’ for each district.

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

    Contact details of local ‘bar associations’:.

    • Nicosia: contact individual: 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 individual: Mine Vehit, e-mail: mine-vehit@hotmail.com phone: 0090392366 16 88.
    • Morphou: contact person: Mehtun Muslu, email: mmehtun@yahoo.com phone: 0090392714 69 93.

    Grievances versus the legal system in the Republic of Cyprus

    Grievances versus the legal system should be made to the Attorney General’s Office:.

    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 think you have actually been a victim of property scams, we have published guidance on which UK authorities to get in touch with.

    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 is part of the European Consumer Centres Network (ECC-Net) that has been set up by the European Commission in co-operation with member states to assist customers with cross-border disagreements. The UK European Consumer Centre gives information and advice on issues with buying across borders and can arbitrate when issues emerge if they believe it may assist.

    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 planned to be the only assistance for potential buyers to follow when thinking about buying. In addition, we make no representation regarding the quality or accuracy of the information which is offered at the web addresses noted in this guide, nor can we accept any responsibility for the material that is hosted on them. We highly suggest that potential buyers of property in Cyprus look for independent legal and financial recommendations at all phases of their purchase.

    The European Court of Human being Rights has 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 concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers ought to also consider that a future settlement of the Cyprus issue could have serious effects for property they purchase, 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 authorization of the owner (the individual whose ownership is registered with the Republic of Cyprus Land Registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. We highly advise that prospective buyers of property in Cyprus seek independent legal and financial suggestions at all phases of their purchase.

    Related Links:

    Useful Links: