• How to offer your property in Cypru Including pointers on estate agents and getting the best cost.

    Assistance

    Cyprus: buying property

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

    Intro

    Getting property in Cyprus has a variety of potential pitfalls. The British High Commission recommends prospective purchasers to exercise extreme caution when buying a property if the title deeds are not easily offered, as it suggests your property could be at risk.

    Mortgage liability

    It is common practice for developers to get mortgages on land or property. If you sign an agreement with a designer and there is already a mortgage, loan or claim on the property, then you are likely to end up being liable for that home mortgage should the home builder, developer or landowner state bankruptcy.

    You should ask your legal representative to look for mortgages put on the land through a Land Search Certificate which is gotten from the Land Pc registry. It needs to be noted that in order to obtain a Land Browse Certificate one needs a relevant authorisation from the Property’s owner. If you are warned of a home mortgage prior to signing a contract it is unlikely that you will obtain the deeds in your name until the home mortgage is settled.

    Lawyers are not required to check for mortgages automatically, although good legal representatives ought to do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Particular Efficiency Law to offer an agreement of sale precedence over any pre-existing home mortgage nevertheless we still highly suggest that you inspect no home loans have been placed on the land prior to purchase to ensure you do not face possible difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other problems most frequently raised by British nationals consist of:

    • lawyers acting for both suppliers or builders therefore not independent
    • constructing works taking place without the correct preparation authorization or building authorization (eg electricity or water).
    • fluctuations in currency and interest rates impacting mortgages.
    • payment plans or charges not being consisted of in the preliminary agreement.
    • difficulty in getting certificates of final completion (deeds can not be released without this).
    • problem in obtaining title deeds.
    • trouble in obtaining redress after issues are identified.
      With all property purchases, we strongly advise that you seek your own independent legal guidance.

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

    The Foreign, Commonwealth & Development Workplace (FCDO) and the British High Commission are unable to provide legal advice or end up being involved with conflicts between private parties. We direct British nationals to organisations who might be able to help and we can raise systemic concerns, problems which impact a number of consumers, with local 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 lots of residential or commercial properties is disputed in the north of Cyprus, with thousands of claims to ownership from people displaced in 1974. Purchase of these residential or commercial properties might have severe monetary and legal implications. The European Court of Human Rights has actually 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.

    Buyers could deal with legal procedures in the courts of the Republic of Cyprus, as well as attempts to impose judgments from these courts in other places in the EU, consisting of the UK. There has actually been at least one successful case to impose judgments in the UK, jeopardizing 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 purchasers must also consider that a future settlement of the Cyprus problem 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.

    • 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”.

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

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code relating to property came into result. Under the change, buying, selling, leasing, mortgaging a property or promoting 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 offense. The maximum prison sentence is 7 years.

    The change to the law likewise states that any attempt to undertake such a transaction is a criminal offence and could result in a jail sentence of up to 5 years. This law is not retrospective, so will not criminalise deals that occurred 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 unlawful transfer of Greek Cypriot property and might be subject to confiscation when crossing the Green Line. Anybody found in ownership of these files might be asked to make a statement to the Cypriot authorities and could face criminal procedures under the 20 October change.

    Any queries concerning 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.

    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 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 criteria), please call the British High Commission by email, marking your message to the attention of the Property Officer. They will have the ability to check your file and advise on what steps to take if you wish to attempt to recover your property.

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

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

    Persons considering the purchase of unmovable property (such as land) in the SBAs need to be aware that the consent of the Administrator of the Sovereign Base Areas is needed under area 3 of the Immovable Property Acquisition (Control) Regulation 1972 for a non-Cypriot or for a non-Cypriot corporation to acquire immovable property in the SBAs.

    The requirement for consent exists whether property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has previously acquired approval. Failure to acquire the permission of the Administrator indicates that the acquisition and registration of the unmovable property in question is null and void. The Administrator will offer authorization only in the most extraordinary situations.

    You should also know that it is an offense for persons besides “acknowledged citizens” to live in the SBAs for more than 28 days in any duration of 12 months, except in accordance with a permit released under that Ordinance. Again, you might get a certificate of identified home or a permit, however the Administration just rarely consents to approving these.

    Additional information.

    A few of the problems that property buyers experience are extremely 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 dedicated to solving the issues of property purchasers.

    Associations.

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

    Legal advice.

    British citizens affected by property problems must take independent legal recommendations from local legal representatives.

    Regional authorities.

    You ought 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 obtain a copy of the declaration and request the occurrence number. Please note, there may be a time restriction in between the time of the alleged criminal offense and the time within which you make your grievance.

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

    The Cyprus Ombudsman acts in the service of people, including foreign nationals, in order to protect 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 government and local administrations along with anybody acting as agents or collaborators of any of these administrations in the fulfilment or execution of public objectives or services. Contact information are on their website.

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

    • whenever the public administration has actually not been included.
    • in case of disputes or disagreements between individuals.
    • after one year from the minute when the citizen had knowledge of the occasions of his complaint.
    • in the event of confidential complaints, without specific claims providing bad faith or any claims that might damage genuine rights of 3rd parties.
    • in the event of non-conformity with the contents of the judicial ruling.
    • grievances against legal representatives.

    Complaints against lawyers practising in the Republic of Cyprus ought to be addressed 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 against attorneys practicing in the north of Cyprus may be made in writing to the appropriate local ‘Bar Association’. There is a separate ‘Bar Association’ for each district.

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

    Contact details of regional ‘bar associations’:.

    • Nicosia: contact individual: Arzu İzveren, e-mail: 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.

    Problems versus the legal system in the Republic of Cyprus

    Grievances 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 find out more about EU consumer rights on their website.

    Help in the UK.

    If you believe you have actually been a victim of property fraud, we have actually published suggestions on which UK authorities to contact.

    If you were residing in the UK when you made your purchase you might wish to call the UK European Consumer Centre. This becomes part of the European Customer Centres Network (ECC-Net) that has been set up by the European Commission in co-operation with member states to assist consumers with cross-border conflicts. The UK European Consumer Centre provides information and recommendations on issues with buying across borders and can arbitrate when problems 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 information works, please be aware that it is not planned to be the only guidance for potential buyers to follow when thinking about buying. In addition, we make no representation regarding the quality or accuracy of the details which is available at the web addresses noted in this guide, nor can we accept any duty for the material that is hosted on them. We highly recommend that potential buyers of property in Cyprus look for independent legal and financial suggestions 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 before 1974 continue to be concerned as the legal owners of that property.

    One crucial issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and possible purchasers must likewise think about that a future settlement of the Cyprus concern might have major effects for property they buy, including the possible restitution of the property to its initial owner, in addition to payment payments. Under the modification, buying, selling, leasing, mortgaging a property or promoting 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. We strongly advise that potential buyers of property in Cyprus look for independent legal and financial advice 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)