| Property Purchasing
in North Cyprus |
The process for buying any freehold property is as
follows:
- Once agreed on price, specifications and payment plan, secure the
property by paying a deposit.
- Assign a solicitor to draw up a contract based on the agreed terms.
- Vendor and purchaser sign.
- Solicitor applies for a Purchase Permit from the Council of
Ministers.
- As soon as purchase permit is received, vendor signs title deed into
name of purchaser.
- Sale completed.
The costs involved are as follows:
Solicitors cost, including; drawing up of contract, power of attorney,
purchase permit application and seeing sale through to completion, between
£1,000 - £1,500
ASKING LEGAL ADVICE
It is obvious that
purchasing a piece of real estate is already hard at home, let alone in a
foreign country. Therefore, purchasing a land or house or investment with
respect to a property development business is an important decision, which
does require the opinion of a local solicitor. After the separation of the
island, in 1974, Northern Cyprus has developed its own rules and a
different legal system has been constituted by the Turkish Cypriots. In
relation to purchase of a land or house, first issue which has to be
clarified is the kind of the title deed as there are different kinds of
deeds under North Cyprus legal system. The property alternatives with
different deed types are as follow:
- Turkish or foreign ownership pre 1974
- Greek Cypriot owned pre 1974
Given to Turkish Cypriots due
to their lands left in South Cyprus or awarded to Turkish Cypriots by
Turkish Republic of Northern Cyprus ("TRNC") government. Based on 1983
TRNC Constitution, all the deeds rectified and named as TRNC deeds and
are freely transferable to foreigners
- Leasehold
Owned by the Government who will grant long-term
leases of 49 years
LEGAL TIPS PRIOR TO PURCHASE
- Ask a copy of the title deed
- Check the sheet plan - plot references and the site plan,
- Look at the site plan and ascertain from its boundaries its shape
and boundaries,
- Make a land search to understand; if there is a deed, the kind of
the title deed and whether there is any encumbrance on it (from Land
Registry),
- Always make a contract before making any payment.
ONCE A PROPERTY HAS BEEN DECIDED UPON
After deciding on a property you may wish, a land search should be made
and subsequently a contract should be signed with the vendor.
It should be noted that according to Property Purchase (Foreigners) Law
and the related regulations, Law No: 109, Foreigners' purchase is limited
to one donum (donum is a measure of land equivalent to 1600 square yards,
1,338 sq. meters or 14,400 sq. ft., 0.336 acre) of land (unless the
foreigner forms a company or constitute a trust with a local person). A
permit to purchase from the Ministry of Interior is then applied to get
the permission to purchase. This may take between six and eight months.
After the issuance of the permit, Purchaser is entitled to register
his/her name to the land registry as registered legal owner. Purchaser
would then need to be in Cyprus to sign the relevant papers; the change of
ownership. In case where the Purchaser is not at Cyprus at the time of the
transfer, a power of attorney may be issued on behalf of Purchaser's local
counsel and transfer may be executed in this way. |