• property for sale in cyprus with title deeds

    Guidance

    Cyprus: buying property

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

    Introduction

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

    Home loan liability

    It is common practice for designers to secure mortgages on land or property. If you sign a contract with a designer and there is already a home loan, loan or claim on the property, then you are most likely to become responsible for that home mortgage should the contractor, designer or landowner declare bankruptcy.

    You need to ask your lawyer to check for home loans placed on the land through a Land Browse Certificate which is acquired from the Land Computer registry. It should be noted that in order to acquire a Land Search Certificate one needs a relevant authorisation from the Property’s owner. , if you are made mindful of a home loan before signing a contract it is unlikely that you will acquire the deeds in your name till the home mortgage is paid off.

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    Legal representatives are not needed to check for home loans automatically, although excellent legal representatives need to do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Specific Performance Law to give a contract of sale precedence over any pre-existing home mortgage nevertheless we still highly suggest that you inspect no home mortgages have been put on the land prior to purchase to guarantee you do not encounter potential difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other concerns most often raised by British nationals include:

    • lawyers acting for both vendors or contractors therefore not independent
    • developing works occurring without the right planning permission or building license (eg electrical power or water).
    • fluctuations in currency and rate of interest affecting home loans.
    • payment plans or fees not being consisted of in the preliminary contract.
    • difficulty in getting certificates of final conclusion (deeds can not be issued without this).
    • problem in getting title deeds.
    • trouble in acquiring redress after issues are determined.
      With all property purchases, we strongly recommend that you seek your own independent legal suggestions.

    You need to seek competent independent legal recommendations on your rights and methods of redress if you have actually purchased a property or land and are experiencing difficulties.

    The Foreign, Commonwealth & Development Workplace (FCDO) and the British High Commission are unable to use legal suggestions or become involved with conflicts between private celebrations. Nevertheless, we direct British nationals to organisations who may be able to help and we can raise systemic issues, problems which impact a number of clients, with local authorities.

    You can look at the Association of International Property Professionals website to see if a business 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 countless claims to ownership from people displaced in 1974. Purchase of these properties could have serious financial and legal implications. 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 considered as the legal owners of that property.

    Purchasers might deal with legal proceedings in the courts of the Republic of Cyprus, as well as efforts to impose judgments from these courts in other places in the EU, consisting of the UK. There has been at least one effective 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 try to fix the Cyprus problem. One essential problem is property and the handling of pre-1974 Greek Cypriot title-owned property. Homeowner and prospective purchasers should likewise consider that a future settlement of the Cyprus issue might have major consequences for property they purchase, including the possible restitution of the property to its original owner, in addition to settlement 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 consequently classified as exchange or ‘present’ land/property by the Turkish Cypriot “authorities”.

    Purchasers must ensure they are completely familiar with the rules in the north of Cyprus in respect of foreigners purchasing property, consisting of 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 acquire the land/property and no reason for the refusal might be provided.

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

    The amendment to the law likewise specifies that any attempt to undertake such a deal is a criminal offence 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 prohibited transfer of Greek Cypriot property and might be subject to confiscation when crossing the Green Line. Anybody found in belongings of these files might be asked to make a statement to the Cypriot authorities and could face criminal proceedings under the 20 October amendment.

    Any enquiries concerning the scope of this law need to 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 before 1974.

    If you are a British national and owned a property in the north of Cyprus prior to 1974 (or the heir of somebody meeting those requirements), please call the British High Commission by e-mail, marking your message to the attention of the Property Officer. They will have the ability to examine your file and encourage on what steps to take if you wish to try to reclaim your property.

    The British High Commission is unable to assist dual nationals in the country of their other citizenship. , if you are a dual British/Cypriot national you must approach your local authorities in respect of claims for pre-1974 title deeds.

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

    Persons considering the purchase of immovable property (such as land) in the SBAs require to be conscious that the permission 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 acquire immovable property in the SBAs.

    The requirement for authorization exists whether or not property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has formerly gotten permission. Failure to obtain the approval of the Administrator means that the acquisition and registration of the stationary property in question is null and void. The Administrator will give consent only in the most extraordinary situations.

    You need to also be aware that it is an offence for individuals other than “identified locals” to live in the SBAs for more than 28 days in any duration of 12 months, except in accordance with an authorization provided under that Regulation. Once again, you may look for a certificate of recognised residence or a permit, but the Administration only rarely grant approving these.

    Additional details.

    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, but supports community associations that are dedicated to dealing with the issues of property purchasers.

    Associations.

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

    Legal advice.

    British citizens affected by property issues need to take independent legal suggestions from regional attorneys.

    Regional cops.

    You must make a statement to the local authorities if you believe that you have actually been subject to a property criminal activity. Keep in mind to obtain a copy of the declaration and ask for the occurrence number. Please note, there may be a time restriction between the time of the supposed criminal offense and the time within which you make your problem.

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

    The Cyprus Ombudsman acts in the service of citizens, consisting of 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 restrictions) and authorities of the central government and regional administrations as well as anybody acting as representatives or collaborators of any of these administrations in the fulfilment or execution of public goals or services. Contact details are on their site.

    It is essential to keep in mind that the Ombudsman may not step in under the following scenarios:.

    • whenever the public administration has not been included.
    • in the event of disputes or conflicts in between people.
    • after one year from the moment when the person knew the events of his problem.
    • in the event of confidential grievances, without specific claims providing bad faith or any claims that might damage legitimate rights of 3rd parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • problems versus attorneys.

    Problems against legal representatives practicing 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.

    Problems versus attorneys practicing in the north of Cyprus might be made in writing to the pertinent regional ‘Bar Association’. There is a different ‘Bar Association’ for each district.

    Initial investigations into grievances happen within the appropriate district however they are then passed onto the overall organisation, the ‘Cyprus Turkish Bar Association’.

    Contact information of regional ‘bar associations’:.

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

    Problems versus the legal system in the Republic of Cyprus

    Problems versus the legal system ought to 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 learn more about EU consumer rights on their website.

    Help in the UK.

    We have released recommendations(Link) on which UK authorities to get in touch with if you think you have actually been a victim of property scams.

    If you were living in the UK when you made your purchase you might wish to contact the UK European Consumer Centre. This belongs to the European Consumer Centres Network (ECC-Net) that has actually been established by the European Commission in co-operation with member states to assist consumers with cross-border disputes. When problems emerge if they think it might help, the UK European Consumer Centre gives information and suggestions 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 is useful, please know that it is not intended to be the only guidance for prospective purchasers to follow when thinking about buying. In addition, we make no representation regarding the quality or accuracy 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 advise 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 Rights has actually ruled in a number of cases that owners of property in northern Cyprus before 1974 continue to be related to 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 purchasers must also consider that a future settlement of the Cyprus problem could have major effects for property they acquire, consisting of the possible restitution of the property to its original owner, in addition to compensation payments. Under the modification, buying, selling, leasing, promoting or mortgaging a property without the approval of the owner (the person whose ownership is registered with the Republic of Cyprus Land Registry, including Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offense. We strongly recommend that potential buyers of property in Cyprus look for independent legal and financial advice at all phases of their purchase.

    Related Links:

    Useful Links:

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