• How to offer your property in Cypru Including pointers on estate representatives and getting the very best price.

    Guidance

    Cyprus: buying property

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

    Intro

    Getting property in Cyprus has a variety of possible mistakes. The British High Commission recommends prospective buyers to work out severe caution when buying a property if the title deeds are not readily available, as it suggests your property could be at risk.

    Home loan liability

    It is common practice for designers to get home loans on land or property. If you sign a contract with a designer and there is currently a home loan, loan or claim on the property, then you are likely to become liable for that home mortgage must the contractor, developer or landowner declare insolvency.

    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 must be kept in mind that in order to obtain a Land Browse Certificate one needs a relevant authorisation from the Property’s owner. , if you are made aware of a mortgage before signing an agreement it is unlikely that you will obtain the deeds in your name until the mortgage is paid off.

    .

    Attorneys are not required to check for mortgages immediately, although good lawyers must do this as a matter of course. In 2011 the Republic of Cyprus Government presented a Specific Performance Law to provide a contract of sale precedence over any pre-existing home loan however we still strongly advise that you check no home loans have been placed on the land prior to acquire to ensure you do not face potential difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other concerns most often raised by British nationals include:

    • legal representatives acting for both home builders or suppliers therefore not independent
    • constructing works taking place without the correct planning consent or structure license (eg electrical power or water).
    • fluctuations in currency and rates of interest impacting home mortgages.
    • payment plans or costs not being included in the initial contract.
    • problem in acquiring certificates of last completion (deeds can not be issued without this).
    • trouble in obtaining title deeds.
    • difficulty in acquiring redress after problems are recognized.
      With all property purchases, we strongly advise that you seek your own independent legal recommendations.

    If you have purchased a property or land and are encountering difficulties, you should look for qualified independent legal recommendations on your rights and approaches of redress.

    The Foreign, Commonwealth & Development Office (FCDO) and the British High Commission are not able to offer legal advice or end up being involved with disputes between private celebrations. We direct British nationals to organisations who may be able to help and we can raise systemic problems, issues which impact a number of clients, with local authorities.

    You can examine 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 homes is contested in the north of Cyprus, with thousands of claims to ownership from individuals displaced in 1974. Purchase of these homes could have major 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 regarded as the legal owners of that property.

    Purchasers could face legal proceedings in the courts of the Republic of Cyprus, as well as efforts to enforce judgments from these courts elsewhere in the EU, including the UK. There has been at least one effective case to impose judgments in the UK, threatening property owned in the UK.

    The leaders of both communities are currently in negotiations to attempt to solve the Cyprus issue. One essential issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Homeowner and possible buyers ought to likewise consider that a future settlement of the Cyprus issue could have major repercussions for property they buy, including the possible restitution of the property to its initial owner, in addition to compensation payments. In particular, prospective purchasers need to think about the implications 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 subsequently categorized as exchange or ‘present’ land/property by the Turkish Cypriot “authorities”.

    Buyers ought to ensure they are completely aware of the rules in the north of Cyprus in respect of immigrants purchasing property, consisting of the requirement to acquire consent to the transfer of property. Even when purchasing pre-1974 Turkish title land, you may still be declined permission to buy the land/property and no reason for the rejection might be given.

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code connecting to property entered effect. Under the amendment, buying, selling, leasing, mortgaging a property or promoting without the consent 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 offense. The optimum jail sentence is 7 years.

    The modification to the law also mentions that any effort to carry out such a deal is a criminal offence and might lead to a jail sentence of approximately 5 years. This law is not retrospective, so will not criminalise transactions that took place 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 may be subject to confiscation when crossing the Green Line. Anyone discovered in belongings of these documents may be asked to make a statement to the Cypriot authorities and might deal with 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 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 prior to 1974 (or the beneficiary of somebody meeting those criteria), please contact the British High Commission by email, marking your message to the attention of the Property Officer. If you want to try to reclaim your property, they will be able to inspect your file and encourage on what steps to take.

    The British High Commission is unable 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 respect of claims for pre-1974 title deeds.

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

    Individuals considering the purchase of immovable property (such as land) in the SBAs require to be aware that the approval of the Administrator of the Sovereign Base Locations is required under area 3 of the Immovable Property Acquisition (Control) Ordinance 1972 for a non-Cypriot or for a non-Cypriot corporation to purchase immovable property in the SBAs.

    The requirement for approval exists whether or not property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has formerly acquired permission. Failure to obtain the permission of the Administrator means that the acquisition and registration of the immovable property in question is null and void. The Administrator will provide authorization just in the most exceptional scenarios.

    You must likewise understand that it is an offense for individuals other than “recognised locals” to reside in the SBAs for more than 28 days in any period of 12 months, other than in accordance with a license issued under that Ordinance. Again, you might obtain a certificate of recognised home or a permit, however the Administration only rarely consents to approving these.

    Additional info.

    Some of the problems that property purchasers experience are extremely comparable throughout Cyprus. The British High Commission is not able to get associated with specific property problems or legal conflicts, but supports neighborhood associations that are dedicated to dealing with the issues of property buyers.

    Associations.

    If the company, or legal advisor, you have actually worked with is a member of AIPP and you are unhappy with the services provided, you can write to the AIPP who have a disciplinary treatment.

    Legal guidance.

    British people affected by property problems ought to take independent legal suggestions from local attorneys.

    Regional police.

    If you believe that you have actually been subject to a property criminal activity, you must make a statement to the local police. Keep in mind to get a copy of the statement and request for the event number. Please note, there might be a time limitation in between the time of the supposed 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 citizens, consisting of foreign nationals, in order to safeguard 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 federal government and local administrations as well as anyone acting as agents or partners of any of these administrations in the fulfilment or execution of public goals or services. Contact information are on their site.

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

    • whenever the public administration has not been included.
    • in case of conflicts or disagreements in between individuals.
    • after one year from the moment when the citizen knew the occasions of his problem.
    • in case of confidential problems, without particular claims presenting bad faith or any claims that might damage genuine rights of third parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • complaints against lawyers.

    Complaints versus lawyers practising in the Republic of Cyprus need to 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.

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

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

    Contact details of regional ‘bar associations’:.

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

    Grievances against the legal system in the Republic of Cyprus

    Problems versus 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 find out more about EU consumer rights on their website.

    Assist in the UK.

    We have published advice(Link) on which UK authorities to call if you believe you have actually been a victim of property scams.

    When you made your purchase you may wish 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 consumers with cross-border disputes. When issues develop if they think it might help, the UK European Consumer Centre provides information and recommendations on issues 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 info works, please be aware that it is not meant to be the only assistance for prospective purchasers to follow when considering making a purchase. In addition, we make no representation as to the quality or precision of the info which is available at the web addresses listed in this guide, nor can we accept any obligation for the material that is hosted on them. We highly advise that prospective buyers of property in Cyprus look for independent legal and financial suggestions at all phases of their purchase.

    The European Court of Human Rights has ruled in a number of cases that owners of property in northern Cyprus prior to 1974 continue to be concerned as the legal owners of that property.

    One key problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers need to also think about that a future settlement of the Cyprus issue could have major effects for property they buy, consisting of the possible restitution of the property to its initial owner, in addition to payment payments. Under the modification, buying, selling, renting, promoting or mortgaging a property 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 offence. We strongly recommend that prospective buyers of property in Cyprus seek independent legal and monetary suggestions at all phases of their purchase.

    Related Links:

    Useful Links:

    • Land and Property(link)
    • Housing Schemes(link)