• Seafront Luxury Properties for Sale in Cyprus

    Guidance

    Cyprus: buying property

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

    Introduction

    Buying property in Cyprus has a number of possible pitfalls. The British High Commission encourages possible purchasers to work out extreme care when buying a property if the title deeds are not easily available, as it indicates your property could be at risk.

    Home mortgage liability

    It prevails practice for designers to take out mortgages on land or property. If you sign an agreement with a developer and there is currently a mortgage, loan or claim on the property, then you are likely to become responsible for that mortgage needs to the builder, developer or landowner state insolvency.

    You must ask your attorney to check for home mortgages put on the land through a Land Browse Certificate which is obtained from the Land Computer system registry. It should be kept in mind that in order to obtain a Land Browse Certificate one needs an appropriate authorisation from the Property’s owner. If you are made aware of a mortgage before signing a contract it is not likely that you will get the deeds in your name up until the mortgage is settled.

    Legal representatives are not needed to look for home mortgages automatically, although good attorneys should do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Specific Performance Law to offer a contract of sale precedence over any pre-existing home mortgage however we still highly suggest that you inspect no mortgages have actually been placed on the land prior to purchase to ensure you do not encounter prospective difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other problems most often raised by British nationals include:

    • legal representatives acting for both home builders or suppliers therefore not independent
    • developing works occurring without the right planning authorization or building permit (eg electricity or water).
    • changes in currency and rate of interest impacting home mortgages.
    • payment plans or costs not being included in the preliminary agreement.
    • problem in acquiring certificates of last conclusion (deeds can not be provided without this).
    • difficulty in obtaining title deeds.
    • difficulty in obtaining redress after issues are recognized.
      With all property purchases, we strongly suggest that you seek your own independent legal suggestions.

    If you have bought a property or land and are encountering difficulties, you ought to seek certified independent legal suggestions on your rights and approaches of redress.

    The Foreign, Commonwealth & Development Office (FCDO) and the British High Commission are unable to offer legal guidance or become included with disputes in between private celebrations. Nevertheless, we direct British nationals to organisations who may be able to assist and we can raise systemic issues, problems which affect a variety of customers, with regional authorities.

    You can check on the Association of International Property Professionals website to see if a business or legal consultant 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 individuals displaced in 1974. Purchase of these homes might have severe 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 prior to 1974 continue to be regarded as the legal owners of that property.

    Purchasers might deal with legal procedures in the courts of the Republic of Cyprus, in addition to efforts to impose judgments from these courts somewhere else in the EU, consisting of the UK. There has been at least one successful case to implement judgments in the UK, putting at risk property owned in the UK.

    The leaders of both communities are presently in settlements to attempt to resolve the Cyprus concern. One key issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective purchasers need to also consider that a future settlement of the Cyprus problem might have severe repercussions for property they buy, including the possible restitution of the property to its original owner, in addition to compensation payments. In particular, potential buyers must think about the implications of any future settlement on land/property:.

    • 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 ensure they are fully aware of the rules in the north of Cyprus in respect of immigrants buying property, consisting of the requirement to obtain grant the transfer of property. Even when acquiring pre-1974 Turkish title land, you might still be refused approval to acquire the land/property and no factor for the refusal might be offered.

    On 20 October 2006, an amendment to the Republic of Cyprus criminal code associating with property entered into impact. Under the amendment, buying, selling, leasing, promoting or mortgaging a property without the permission of the owner (the person 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 offence. The optimum jail sentence is 7 years.

    The modification to the law also specifies that any attempt to undertake such a transaction is a criminal offense and might lead to a jail sentence of up to 5 years. This law is not retrospective, so will not criminalise deals that took place prior to 20 October 2006.

    Likewise documents relating 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 might undergo 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 could deal with criminal procedures under the 20 October change.

    Any queries concerning the scope of this law ought 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.

    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 before 1974 (or the heir 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 recover your property, they will be able to examine your file and recommend on what actions to take.

    The British High Commission is not able to assist dual nationals in the country of their other nationality. If you are a dual British/Cypriot national you should approach your regional 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 aware 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 purchase unmovable property in the SBAs.

    The requirement for approval exists whether or not property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has actually previously gotten consent. Failure to get the permission of the Administrator indicates that the acquisition and registration of the stationary property in question is null and void. The Administrator will provide permission only in the most exceptional circumstances.

    You ought to also understand that it is an offence for persons besides “recognised citizens” 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 Regulation. Once again, you might get a certificate of identified home or a permit, however the Administration only hardly ever grant approving these.

    More details.

    A few of the problems that property buyers experience are really similar throughout Cyprus. The British High Commission is unable to get associated with private property problems or legal disputes, however supports community associations that are dedicated to dealing with the problems of property purchasers.

    Associations.

    If the business, or legal consultant, you have 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 suggestions.

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

    Regional cops.

    If you think that you have undergone a property criminal activity, you ought to make a declaration to the local police. Keep in mind to get a copy of the statement and request for the incident number. Please note, there may be a time restriction between the time of the supposed crime and the time within which you make your problem.

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

    The Cyprus Ombudsman acts in the service of people, consisting of foreign nationals, in order to protect their rights and flexibility 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 regional administrations along with anyone functioning as representatives or collaborators of any of these administrations in the fulfilment or execution of public goals or services. Contact details are on their website.

    It is necessary to note that the Ombudsman might not step in under the following scenarios:.

    • whenever the public administration has actually not been included.
    • in the event of disputes or conflicts in between individuals.
    • When the person had knowledge of the occasions of his complaint, after one year from the minute.
    • in case of anonymous complaints, without particular claims presenting bad faith or any claims that might harm genuine rights of 3rd parties.
    • in the event of non-conformity with the contents of the judicial judgment.
    • grievances versus attorneys.

    Complaints versus lawyers practicing in the Republic of Cyprus must be addressed to:.

    The Cyprus Bar Association.
    Florinis 11, off.101, 1st Flooring,.
    1065, Nicosia P.O.Box. 21446,.
    1508, Nicosia– Cyprus.

    Telephone: +357 22873300 Fax: +35722873013.

    Email: cybar3@cytanet.com.cy.

    Website: www.cyprusbarassociation.org.

    Grievances against lawyers practising in the north of Cyprus might be made in writing to the appropriate regional ‘Bar Association’. There is a separate ‘Bar Association’ for each district.

    Initial examinations 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 individual: Arzu İzveren, email: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact person: Gürcan Bayramoğlu, e-mail: 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.

    Problems versus the legal system in the Republic of Cyprus

    Complaints against the legal system should 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 find out more about EU consumer rights on their website.

    Help in the UK.

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

    When you made your purchase you may want to call the UK European Consumer Centre, if you were living in the UK. This belongs to the European Consumer Centres Network (ECC-Net) that has actually been set up by the European Commission in co-operation with member states to help consumers with cross-border disagreements. When problems occur if they think it might assist, the UK European Consumer Centre offers info and advice 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 details is useful, please understand that it is not planned to be the only assistance for prospective purchasers to follow when thinking about making a purchase. 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 highly recommend that potential buyers of property in Cyprus look for independent legal and monetary advice 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 key issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and prospective buyers should also think about 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 original owner, in addition to settlement payments. Under the change, buying, selling, renting, mortgaging a property or promoting without the consent of the owner (the individual 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. We highly advise that potential purchasers of property in Cyprus look for independent legal and financial advice at all stages of their purchase.

    Related Links:

    Useful Links:

    • Caution regarding property purchases in the occupied area of Cyprus(link)
    • Living in Cyprus(link)