• Top places to buy property in Cyprus

    Assistance

    Cyprus: buying property

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

    Intro

    Getting property in Cyprus has a number of potential risks. The British High Commission encourages prospective purchasers to work out extreme caution when buying a property if the title deeds are not readily available, as it implies your property could be at risk.

    Home loan liability

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

    You ought to ask your legal representative to check for home loans placed on the land through a Land Search Certificate which is acquired from the Land Computer registry. It should be noted that in order to get a Land Search Certificate one requires a pertinent authorisation from the Property’s owner. , if you are made conscious of a home mortgage prior to signing an agreement it is not likely that you will get the deeds in your name till the home mortgage is paid off.

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    Attorneys are not required to check for home loans immediately, although excellent legal representatives should do this as a matter of course. In 2011 the Republic of Cyprus Federal government presented a Particular Performance Law to give a contract of sale precedence over any pre-existing mortgage nevertheless we still highly advise that you examine no mortgages have been put on the land prior to purchase to guarantee you do not face potential difficulties at a later date.

    See Property For Sale in Cyprus Now

    Other problems most frequently raised by British nationals include:

    • attorneys acting for both builders or suppliers for that reason not independent
    • constructing works happening without the right preparation approval or building permit (eg electrical power or water).
    • fluctuations in currency and rate of interest affecting home loans.
    • payment plans or costs not being consisted of in the preliminary contract.
    • problem in getting certificates of final completion (deeds can not be provided without this).
    • problem in obtaining title deeds.
    • trouble in getting redress after problems are recognized.
      With all property purchases, we strongly advise that you seek your own independent legal guidance.

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

    The Foreign, Commonwealth & Advancement Workplace (FCDO) and the British High Commission are unable to use legal advice or become included with disagreements between private parties. We direct British nationals to organisations who may be able to help and we can raise systemic problems, problems which impact a number of consumers, with local authorities.

    You can check on the Association of International Property Professionals website to see if a company or legal consultant are members.

    Buying property in the north of Cyprus.

    The ownership of numerous residential or commercial properties is challenged in the north of Cyprus, with countless claims to ownership from individuals displaced in 1974. Purchase of these properties might have severe financial and legal ramifications. 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 considered the legal owners of that property.

    Purchasers might face legal procedures in the courts of the Republic of Cyprus, along with attempts to impose judgments from these courts elsewhere in the EU, including the UK. There has been at least one successful case to enforce rulings in the UK, endangering property owned in the UK.

    The leaders of both communities are presently in negotiations to attempt to solve the Cyprus concern. One key issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Homeowner and possible buyers should also think about that a future settlement of the Cyprus concern might have major effects for property they buy, consisting of the possible restitution of the property to its original owner, in addition to settlement payments. In particular, prospective purchasers need to consider the ramifications 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 categorized as exchange or ‘gift’ land/property by the Turkish Cypriot “authorities”.

    Buyers need to ensure they are completely familiar with the rules in the north of Cyprus in respect of immigrants acquiring property, consisting of the requirement to obtain grant the transfer of property. Even when acquiring pre-1974 Turkish title land, you might still be declined authorization to buy the land/property and no factor for the rejection may be given.

    On 20 October 2006, a change to the Republic of Cyprus criminal code connecting to property entered result. Under the modification, buying, selling, leasing, promoting or mortgaging a property without the authorization of the owner (the individual whose ownership is registered with the Republic of Cyprus Land Windows registry, including 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 states that any attempt to undertake such a transaction is a criminal offence and might result in a prison sentence of approximately 5 years. This law is not retrospective, so will not criminalise transactions that occurred 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 illegal transfer of Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anyone found in belongings of these documents might be asked to make a statement to the Cypriot authorities and could face criminal procedures under the 20 October modification.

    Any queries regarding 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.

    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 prior to 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 get in touch with the British High Commission by e-mail, marking your message to the attention of the Property Officer. If you wish to attempt to reclaim your property, they will be able to examine your file and recommend on what actions to take.

    The British High Commission is unable to assist double nationals in the country of their other nationality. , 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 Locations (SBAs).

    Individuals 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 Areas is required under area 3 of the Immovable Property Acquisition (Control) Regulation 1972 for a non-Cypriot or for a non-Cypriot corporation to acquire unmovable property in the SBAs.

    The requirement for authorization exists whether property is presently owned by a Cypriot or a Cypriot corporation or by a non-Cypriot who has actually previously gotten permission. Failure to obtain the consent of the Administrator means that the acquisition and registration of the immovable property in question is null and void. The Administrator will provide consent only in the most remarkable situations.

    You ought to also be aware that it is an offence for individuals besides “identified citizens” to live 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 look for a certificate of acknowledged home or a license, however the Administration only rarely consents to granting these.

    Additional info.

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

    Associations.

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

    Legal advice.

    British residents impacted by property issues should take independent legal suggestions from local lawyers.

    Regional authorities.

    If you think that you have undergone a property crime, you need to make a declaration to the local police. Remember to get a copy of the declaration and request for the occurrence number. Please note, there might be a time limitation between the time of the supposed crime 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 safeguard their rights and liberty versus actions from any Cypriot administration. The Ombudsman has the power to challenge all bodies (subject to some constraints) and authorities of the central federal government and regional administrations as well as anybody 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 site.

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

    • whenever the public administration has actually not been included.
    • in case of disputes or disagreements between people.
    • after one year from the moment when the citizen had knowledge of the events of his complaint.
    • in the event of confidential grievances, without specific claims providing bad faith or any claims that may damage genuine rights of third parties.
    • in the event of non-conformity with the contents of the judicial judgment.
    • problems against legal representatives.

    Problems against lawyers practising in the Republic of Cyprus should 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.

    Site: www.cyprusbarassociation.org.

    Complaints versus lawyers 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 problems occur within the pertinent 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, email: mine-vehit@hotmail.com phone: 0090392366 16 88.
    • Morphou: contact individual: Mehtun Muslu, email: mmehtun@yahoo.com phone: 0090392714 69 93.

    Problems versus the legal system in the Republic of Cyprus

    Problems versus the legal system should 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.

    Help in the UK.

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

    When you made your purchase you might want to get in touch with 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 disputes. When issues develop if they think it might assist, the UK European Consumer Centre gives info and recommendations 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 info is useful, please know that it is not intended to be the only guidance for prospective buyers to follow when considering buying. In addition, we make no representation regarding the quality or accuracy of the info which is readily available at the web addresses noted in this guide, nor can we accept any duty for the content that is hosted on them. We highly suggest that prospective purchasers of property in Cyprus look for independent legal and financial recommendations 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 before 1974 continue to be regarded as the legal owners of that property.

    One essential issue is property and the handling of pre-1974 Greek Cypriot title-owned property. Property owners and possible purchasers should likewise consider that a future settlement of the Cyprus issue could have severe consequences for property they acquire, consisting of the possible restitution of the property to its initial owner, in addition to payment payments. Under the amendment, buying, selling, leasing, mortgaging a property or promoting without the consent of the owner (the person whose ownership is signed up with the Republic of Cyprus Land Computer system registry, including Greek Cypriots displaced from northern Cyprus in 1974) is a criminal offence. We highly recommend that prospective purchasers of property in Cyprus look for independent legal and financial suggestions 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)