• HOW LONG IS THE PROCEDURE FOR PURCHASING A PROPERTY IN CYPRUS?

    Assistance

    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 possible mistakes. The British High Commission advises possible buyers to work out severe care when buying a property if the title deeds are not readily available, as it implies your property could be at risk.

    Home loan liability

    It prevails practice for designers to take out home loans on land or property. If you sign a contract with a developer and there is currently a home loan, loan or claim on the property, then you are likely to become accountable for that mortgage must the contractor, developer or landowner state insolvency.

    You must ask your attorney to check for home loans placed on the land through a Land Search Certificate which is acquired from the Land Pc registry. It must be kept in mind that in order to acquire a Land Search Certificate one needs a pertinent authorisation from the Property’s owner. If you are warned of a mortgage prior to signing an agreement it is not likely that you will get the deeds in your name until the home loan is paid off.

    Lawyers are not required to check for home mortgages immediately, although good attorneys need to do this as a matter of course. In 2011 the Republic of Cyprus Federal government presented a Specific Performance Law to offer an agreement of sale precedence over any pre-existing home mortgage however we still highly advise that you check no home loans have actually 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 regularly raised by British nationals include:

    • legal representatives acting for both vendors or home builders therefore not independent
    • building works taking place without the appropriate planning authorization or structure permit (eg electrical energy or water).
    • variations in currency and interest rates affecting home loans.
    • payment plans or costs not being included in the initial agreement.
    • trouble in obtaining certificates of last completion (deeds can not be provided without this).
    • problem in acquiring title deeds.
    • difficulty in obtaining redress after problems are identified.
      With all property purchases, we highly suggest that you seek your own independent legal recommendations.

    If you have bought a property or land and are encountering difficulties, you ought to look for qualified independent legal guidance on your rights and methods of redress.

    The Foreign, Commonwealth & Development Workplace (FCDO) and the British High Commission are not able to provide legal advice or become involved with disagreements in between private parties. However, we direct British nationals to organisations who may have the ability to help and we can raise systemic problems, problems which impact a variety of consumers, with regional 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 many properties is disputed in the north of Cyprus, with countless claims to ownership from individuals displaced in 1974. Purchase of these residential or commercial properties might have serious 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.

    Buyers could face legal procedures 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 actually been at least one effective case to enforce rulings in the UK, jeopardizing property owned in the UK.

    One crucial problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective buyers 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 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 subsequently classified as exchange or ‘gift’ land/property by the Turkish Cypriot “authorities”.

    Buyers must guarantee they are fully knowledgeable about the rules in the north of Cyprus in regard of immigrants purchasing property, including the requirement to obtain grant the transfer of property. Even when buying pre-1974 Turkish title land, you might still be declined consent to purchase the land/property and no factor for the refusal may be provided.

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code associating with property came into result. Under the modification, buying, selling, renting, mortgaging a property or promoting without the authorization of the owner (the individual 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. The maximum prison sentence is 7 years.

    The amendment to the law likewise states that any attempt to undertake such a transaction is a criminal offense and could result in a prison sentence of as much as 5 years. This law is not retrospective, so will not criminalise deals that took place before 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 prohibited transfer of Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anyone discovered in ownership of these documents may be asked to make a statement to the Cypriot authorities and might face criminal procedures under the 20 October change.

    Any queries regarding 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.

    Duty 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 nationwide and owned a property in the north of Cyprus prior to 1974 (or the beneficiary of someone conference those criteria), please call the British High Commission by e-mail, marking your message to the attention of the Property Officer. If you wish to try to reclaim your property, they will be able to examine your file and advise on what actions to take.

    The British High Commission is not able to help double nationals in the nation of their other citizenship. , if you are a double British/Cypriot national you need to approach your local authorities in respect of claims for pre-1974 title deeds.

    .

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

    Individuals thinking about the purchase of stationary property (such as land) in the SBAs require 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) Regulation 1972 for a non-Cypriot or for a non-Cypriot corporation to buy immovable property in the SBAs.

    The requirement for consent exists whether or not property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has previously gotten consent. Failure to acquire the consent of the Administrator means that the acquisition and registration of the stationary property in question is null and void. The Administrator will offer permission just in the most exceptional circumstances.

    You should also understand that it is an offense for individuals other than “acknowledged homeowners” to reside in the SBAs for more than 28 days in any duration of 12 months, other than in accordance with a permit provided under that Ordinance. Once again, you may apply for a certificate of recognised home or an authorization, however the Administration just rarely grant granting these.

    More info.

    Some of the issues that property buyers experience are extremely similar throughout Cyprus. The British High Commission is unable to get involved in individual property problems or legal disputes, but supports neighborhood associations that are committed to dealing with the issues of property purchasers.

    Associations.

    If the business, or legal advisor, 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 guidance.

    British people affected by property problems need to take independent legal suggestions from regional lawyers.

    Local cops.

    You need to make a statement to the regional cops if you believe that you have actually been subject to a property criminal offense. Keep in mind to acquire a copy of the declaration and request the occurrence number. Please note, there may be a time limitation in between the time of the supposed criminal activity and the time within which you make your problem.

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

    The Cyprus Ombudsman acts in the service of residents, including foreign nationals, in order to protect their rights and freedom versus actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some constraints) and authorities of the main government and regional administrations along with anyone functioning as agents or partners of any of these administrations in the fulfilment or execution of public objectives or services. Contact information are on their website.

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

    • whenever the general public administration has actually not been involved.
    • in the event of disputes or disputes between people.
    • When the person had understanding of the events of his grievance, after one year from the minute.
    • in the event of confidential grievances, without specific claims presenting bad faith or any claims that might damage legitimate rights of 3rd parties.
    • in the event of non-conformity with the contents of the judicial ruling.
    • complaints versus legal representatives.

    Problems versus attorneys practising in the Republic of Cyprus should be dealt with 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.

    Grievances versus attorneys practising in the north of Cyprus may be made in writing to the pertinent local ‘Bar Association’. There is a separate ‘Bar Association’ for each district.

    Preliminary examinations into complaints happen within the pertinent district but they are then passed onto the general organisation, the ‘Cyprus Turkish Bar Association’.

    Contact information of local ‘bar associations’:.

    • Nicosia: contact individual: Arzu İzveren, email: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact individual: Gürcan Bayramoğlu, email: gurcanbayramoglu@hotmail.com phone: 0090392816 06 22.
    • Famagusta: contact individual: 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 versus the legal system in the Republic of Cyprus

    Problems 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 discover more about EU consumer rights on their website.

    Assist in the UK.

    We have released guidance(Link) on which UK authorities to call if you think you have actually been a victim of property scams.

    If you were residing in the UK when you made your purchase you may want to call the UK European Consumer Centre. This belongs to the European Customer Centres Network (ECC-Net) that has been established by the European Commission in co-operation with member states to help customers with cross-border conflicts. When issues develop if they think it may help, the UK European Consumer Centre gives info and guidance on problems 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 information is useful, please be aware that it is not planned to be the only guidance for prospective purchasers to follow when considering purchasing. In addition, we make no representation as to the quality or accuracy of the details which is offered at the web addresses listed in this guide, nor can we accept any obligation for the material that is hosted on them. We strongly recommend that potential purchasers of property in Cyprus seek independent legal and financial recommendations at all stages 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 crucial problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective buyers should likewise think about that a future settlement of the Cyprus issue could have severe consequences for property they acquire, including the possible restitution of the property to its original owner, in addition to settlement payments. Under the modification, 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 Windows registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. We strongly advise that potential purchasers of property in Cyprus look for independent legal and monetary recommendations 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)