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

    Guidance

    Cyprus: buying property

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

    Intro

    Buying property in Cyprus has a variety of potential mistakes. The British High Commission advises potential purchasers to work out severe care when buying a property if the title deeds are not easily available, as it suggests your property could be at risk.

    Mortgage liability

    It is common practice for designers to secure home mortgages on land or property. If you sign a contract with a developer and there is already a mortgage, loan or claim on the property, then you are likely to end up being accountable for that mortgage should the builder, designer or landowner declare bankruptcy.

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

    Attorneys are not needed to check for home mortgages automatically, although excellent legal representatives should do this as a matter of course. In 2011 the Republic of Cyprus Government presented a Particular Performance Law to offer an agreement of sale precedence over any pre-existing home loan however we still highly suggest that you inspect no home loans have actually been put on the land prior to acquire to ensure you do not encounter potential difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other issues most regularly raised by British nationals consist of:

    • legal representatives acting for both builders or suppliers for that reason not independent
    • constructing works happening without the appropriate planning permission or structure permit (eg electricity or water).
    • variations in currency and interest rates impacting home mortgages.
    • payment plans or charges not being included in the initial agreement.
    • trouble in obtaining certificates of last completion (deeds can not be provided without this).
    • trouble in getting title deeds.
    • problem in getting redress after problems are recognized.
      With all property purchases, we strongly advise that you seek your own independent legal advice.

    If you have purchased a property or land and are encountering difficulties, you must look for certified independent legal suggestions on your rights and techniques of redress.

    The Foreign, Commonwealth & Advancement Office (FCDO) and the British High Commission are unable to use legal recommendations or end up being included with conflicts in between private celebrations. However, we direct British nationals to organisations who may be able to help and we can raise systemic concerns, issues which impact a variety of customers, with regional authorities.

    You can look at 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 numerous homes is contested in the north of Cyprus, with thousands of claims to ownership from people displaced in 1974. Purchase of these properties might have serious financial and legal ramifications. The European Court of Human 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.

    Purchasers could deal with legal procedures 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 been at least one successful case to enforce rulings in the UK, putting at risk property owned in the UK.

    The leaders of both communities are presently in negotiations to attempt to fix the Cyprus problem. One crucial issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers need to also consider that a future settlement of the Cyprus concern could have serious consequences for property they acquire, including the possible restitution of the property to its initial owner, in addition to settlement payments. In particular, prospective buyers should 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 consequently categorized as exchange or ‘present’ land/property by the Turkish Cypriot “authorities”.

    Buyers need to ensure they are fully knowledgeable about the rules in the north of Cyprus in respect of immigrants buying property, consisting of the requirement to acquire grant the transfer of property. Even when buying pre-1974 Turkish title land, you might still be declined permission to acquire the land/property and no factor for the refusal might be provided.

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code connecting to property entered into effect. Under the amendment, buying, selling, leasing, mortgaging a property or promoting without the authorization of the owner (the person 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. The optimum prison sentence is 7 years.

    The change to the law also specifies that any effort to undertake such a deal 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 transactions that happened prior to 20 October 2006.

    Likewise documents connecting to the purchase of property in the north of Cyprus will be presumed by the Cypriot authorities to relate to the illegal transfer of Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anybody found in possession of these files might be asked to make a declaration to the Cypriot authorities and might deal with criminal procedures under the 20 October amendment.

    Any enquiries regarding 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.

    Task 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 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. If you want to attempt to recover your property, they will be able to check your file and advise on what steps to take.

    The British High Commission is not able to help dual nationals in the country of their other citizenship. , if you are a dual British/Cypriot national you should approach your local 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 stationary property (such as land) in the SBAs require to be conscious that the approval 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 acquire 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 actually formerly acquired consent. Failure to acquire the authorization of the Administrator implies that the acquisition and registration of the stationary property in question is null and void. The Administrator will give permission just in the most extraordinary circumstances.

    You should also know that it is an offense for persons besides “recognised homeowners” to reside in the SBAs for more than 28 days in any period of 12 months, other than in accordance with an authorization provided under that Ordinance. Again, you may obtain a certificate of identified home or an authorization, however the Administration only hardly ever grant giving these.

    Further info.

    Some of the problems that property buyers experience are very similar throughout Cyprus. The British High Commission is unable to get involved in specific property problems or legal disagreements, however supports neighborhood associations that are committed to resolving the issues of property purchasers.

    Associations.

    If the company, or legal consultant, 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 impacted by property problems should take independent legal guidance from local lawyers.

    Regional authorities.

    You must make a statement to the local police if you think that you have actually been subject to a property criminal offense. Remember to get a copy of the statement and ask for the event number. Please note, there might be a time restriction between the time of the supposed criminal activity and the time within which you make your grievance.

    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 protect their rights and freedom versus 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 regional administrations in addition to anyone functioning as representatives or partners of any of these administrations in the fulfilment or execution of public goals or services. Contact information are on their website.

    It is necessary to note that the Ombudsman may not intervene under the following situations:.

    • whenever the public administration has not been included.
    • in the event of conflicts or disagreements in between people.
    • after one year from the moment when the citizen knew the occasions of his problem.
    • in case of anonymous grievances, without specific claims providing bad faith or any claims that may damage genuine rights of 3rd parties.
    • in case of non-conformity with the contents of the judicial ruling.
    • grievances versus lawyers.

    Problems versus attorneys practicing in the Republic of Cyprus must 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.

    Website: www.cyprusbarassociation.org.

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

    Preliminary investigations into grievances occur within the relevant 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, 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 individual: Mehtun Muslu, email: mmehtun@yahoo.com phone: 0090392714 69 93.

    Grievances against the legal system in the Republic of Cyprus

    Complaints against the legal system must 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.

    If you think you have actually been a victim of property scams, we have released recommendations on which UK authorities to contact.

    If you were living in the UK when you made your purchase you might want to contact the UK European Consumer Centre. This belongs to the European Customer Centres Network (ECC-Net) that has been set up by the European Commission in co-operation with member states to help customers with cross-border disputes. The UK European Consumer Centre provides information and recommendations on problems with buying across borders and can arbitrate when problems occur if they think 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 details is useful, please be aware that it is not intended to be the only assistance for prospective buyers to follow when considering buying. In addition, we make no representation regarding the quality or precision of the info which is offered at the web addresses listed in this guide, nor can we accept any obligation for the content that is hosted on them. We strongly suggest that potential purchasers of property in Cyprus look for independent legal and monetary advice at all phases of their purchase.

    The European Court of Person 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 crucial issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective purchasers must also think about that a future settlement of the Cyprus issue might have severe effects for property they acquire, including the possible restitution of the property to its initial owner, in addition to settlement payments. Under the change, 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 Registry, consisting of Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. We highly recommend that potential buyers of property in Cyprus look for independent legal and financial suggestions at all phases of their purchase.

    Related Links:

    Useful Links:

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