• Tips On Selling Your Property

    Guidance

    Cyprus: buying property

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

    Introduction

    Purchasing property in Cyprus has a number of potential risks. The British High Commission advises potential purchasers to exercise extreme care when buying a property if the title deeds are not readily offered, as it means your property could be at risk.

    Home mortgage liability

    It prevails practice for designers to secure mortgages on land or property. If you sign an agreement with a designer and there is already a home loan, loan or claim on the property, then you are likely to become liable for that mortgage must the home builder, developer or landowner declare bankruptcy.

    You ought to ask your legal representative to look for home mortgages placed on the land through a Land Browse Certificate which is obtained from the Land Pc registry. It must be noted that in order to obtain a Land Browse Certificate one requires a pertinent authorisation from the Property’s owner. , if you are made mindful of a home mortgage prior to signing an agreement it is unlikely that you will acquire the deeds in your name until the mortgage is paid off.

    .

    Attorneys are not needed to look for mortgages instantly, although excellent lawyers ought to do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Specific Efficiency Law to give an agreement of sale precedence over any pre-existing mortgage however we still highly suggest that you examine no home mortgages have actually been put on the land prior to acquire to guarantee you do not encounter prospective 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 home builders or vendors for that reason not independent
    • developing works happening without the appropriate planning authorization or building permit (eg electrical energy or water).
    • changes in currency and rate of interest affecting home loans.
    • payment plans or costs not being included in the initial contract.
    • problem in acquiring certificates of last conclusion (deeds can not be provided without this).
    • difficulty in getting title deeds.
    • problem in getting redress after problems are determined.
      With all property purchases, we highly advise that you seek your own independent legal suggestions.

    You ought to seek certified independent legal recommendations on your rights and methods of redress if you have acquired a property or land and are coming across troubles.

    The Foreign, Commonwealth & Advancement Workplace (FCDO) and the British High Commission are not able to provide legal recommendations or become involved with disputes in between private parties. However, we direct British nationals to organisations who might be able to assist and we can raise systemic problems, issues which impact a number of customers, with regional authorities.

    You can examine 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 thousands of claims to ownership from individuals displaced in 1974. Purchase of these properties could have severe financial and legal ramifications. 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 regarded as the legal owners of that property.

    Buyers could deal with legal procedures in the courts of the Republic of Cyprus, in addition to attempts to enforce judgments from these courts elsewhere in the EU, consisting of the UK. There has been at least one effective case to impose rulings in the UK, endangering property owned in the UK.

    One essential 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 concern might have severe consequences for property they purchase, including the possible restitution of the property to its initial owner, in addition to payment payments.

    • in the north of Cyprus that was owned by a Greek Cypriot national prior to 1974 * ^ that was subsequently categorized as exchange or ‘gift’ land/property by the Turkish Cypriot “authorities”.

    Buyers must ensure they are totally aware of the rules in the north of Cyprus in regard of immigrants buying property, including the requirement to acquire grant the transfer of property. Even when purchasing pre-1974 Turkish title land, you might still be refused authorization to acquire the land/property and no reason for the refusal might be offered.

    On 20 October 2006, a modification to the Republic of Cyprus criminal code connecting to property entered into effect. Under the modification, buying, selling, renting, mortgaging a property or promoting without the consent of the owner (the individual 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 offence. The optimum prison sentence is 7 years.

    The change to the law also states that any effort to carry out such a deal is a criminal offence and could result in a prison sentence of as much as 5 years. This law is not retrospective, so will not criminalise transactions that took place before 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 unlawful transfer of Greek Cypriot property and might be subject to confiscation when crossing the Green Line. Anyone discovered in possession of these documents might be asked to make a statement to the Cypriot authorities and could face criminal procedures under the 20 October change.

    Any enquiries concerning the scope of this law should 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 workplace hours: 07:30– 16:00 (Monday – Friday).

    Email: info@mfa.gov.cy.

    Property owned prior to 1974.

    If you are a British nationwide and owned a property in the north of Cyprus prior to 1974 (or the successor of someone conference those criteria), please contact the British High Commission by e-mail, marking your message to the attention of the Property Officer. They will have the ability to check your file and recommend on what actions to take if you wish to attempt to reclaim your property.

    The British High Commission is not able to help dual nationals in the nation of their other citizenship. If you are a dual British/Cypriot nationwide you must approach your regional authorities in respect of claims for pre-1974 title deeds.

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

    Persons considering the purchase of stationary property (such as land) in the SBAs need to be conscious that the permission of the Administrator of the Sovereign Base Locations is needed 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 authorization exists whether property is currently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has actually formerly obtained consent. Failure to acquire the consent of the Administrator means that the acquisition and registration of the stationary property in question is null and void. The Administrator will provide consent only in the most remarkable circumstances.

    You need to likewise be aware that it is an offence for individuals besides “identified residents” to reside in the SBAs for more than 28 days in any duration of 12 months, other than in accordance with a license released under that Ordinance. Again, you may obtain a certificate of acknowledged home or an authorization, however the Administration just hardly ever consents to approving these.

    Additional information.

    A few of the problems that property buyers experience are really similar throughout Cyprus. The British High Commission is not able to get involved in specific property issues or legal disputes, however supports neighborhood associations that are committed to solving the problems of property purchasers.

    Associations.

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

    Legal advice.

    British people affected by property issues should take independent legal guidance from local lawyers.

    Regional authorities.

    If you think that you have actually gone through a property criminal activity, you need to make a statement to the local police. Remember to get a copy of the statement and request for the event number. Please note, there may be a time limitation in between the time of the supposed criminal offense 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, 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 restrictions) and authorities of the central government and local administrations along with anyone serving as representatives 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 essential to keep in mind that the Ombudsman may not step in under the following situations:.

    • whenever the general public administration has actually not been involved.
    • in the event of disputes or conflicts between people.
    • after one year from the moment when the citizen understood the events of his grievance.
    • in the event of confidential problems, without particular claims presenting bad faith or any claims that may damage genuine rights of 3rd parties.
    • in case of non-conformity with the contents of the judicial judgment.
    • complaints against lawyers.

    Problems against lawyers practicing in the Republic of Cyprus should be dealt with 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.

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

    Initial investigations into complaints take place within the pertinent district however they are then passed onto the overall organisation, the ‘Cyprus Turkish Bar Association’.

    Contact details of local ‘bar associations’:.

    • Nicosia: contact person: Arzu İzveren, email: barolarbirligi@hotmail.com phone: 0090392227 73 39.
    • Kyrenia: contact individual: Gürcan Bayramoğlu, e-mail: 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, e-mail: mmehtun@yahoo.com phone: 0090392714 69 93.

    Grievances versus the legal system in the Republic of Cyprus

    Problems versus 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 discover more about EU consumer rights on their website.

    Help in the UK.

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

    If you were residing in the UK when you made your purchase you may want to call 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 help consumers with cross-border conflicts. The UK European Consumer Centre offers info and suggestions on issues with buying across borders and can arbitrate when problems arise if they believe 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 info is useful, please be aware that it is not planned to be the only guidance for potential purchasers to follow when thinking about purchasing. In addition, we make no representation as to the quality or accuracy of the information which is offered at the web addresses noted in this guide, nor can we accept any responsibility for the content that is hosted on them. We strongly suggest that potential purchasers of property in Cyprus look for independent legal and financial recommendations at all stages of their purchase.

    The European Court of Person Rights has actually 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 essential concern is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and potential buyers must also consider that a future settlement of the Cyprus problem could have major repercussions for property they purchase, including the possible restitution of the property to its initial owner, in addition to payment payments. Under the amendment, buying, selling, leasing, promoting or mortgaging a property without the approval of the owner (the individual whose ownership is registered with the Republic of Cyprus Land Registry, including Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. We strongly advise that potential buyers of property in Cyprus seek independent legal and financial suggestions at all stages of their purchase.

    Related Links:

    Useful Links:

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