Legal info

legal info

Frequently asked questions about buying property in Cyprus

 

As a non-Cypriot, what am I allowed to buy?

Property purchase in Cyprus is relatively easy. Non-Cypriots can buy and acquire the title deed of one property in Cyprus and second after some years. A non-Cypriot needs a Council of Ministers permit on order to register the property to his/her name, which nowadays is just a formality. Once the buyer finds the appropriate property that suites his budget and needs he then appoints a an independent lawyer whose duty is to make the necessary searches for the specific property and if everything is to the Lawyer’s satisfaction then the lawyer prepares the contracts which must be signed by both contracting parties; the contract then is stamped by the Tax Office and lodged in the Land Registry for specific performance purposes by the purchaser’s lawyer.  

 

Do I need permission to buy property in Cyprus?

There is no need of permission to buy a property. However, you need the Council of Ministers Permit to register the property on to your name, provided/when that the separate title deed of the property is available. Application can be made by your lawyer or yourself. In the mean time you may take possession of the property without restrictions.

 

What are the terms of payment?

Once you have found a property you like, the first step is to reserve it. You will have to pay a small non-refundable reservation fee. By doing this, the price is secured and the property is taken off the market for one month until the Contract of Sales is signed and the first instalment is made. For a ready to move in or a re-sale property is payable in full within the agreed schedule with the developer. For the properties under construction a stage payment scheme is applicable.

 

Are there housing loans available in Cyprus?

Banks in Cyprus are able to offer mortgage facilities to assist with the purchase of a property. The maximum repayment period can be up to 40 years (or until 70 years old) and the maximum amount one can borrow is 70 % of the property price. The loans are offered either Euro or foreign currency, with fluctuating interest rate in the case of loans in Euro and option between fluctuating or fixed interest rate for loans in foreign currency.   

 

How does the transfer take place? How and at what cost do I get possession of the Title Deeds?

The Title Deed matter is something that everyone needs to understand clearly. If the property has been completed for some time and the separate title deed is available, the purchaser can acquire it immediately as soon as he obtains the council of Ministers Permit and the entire case can be completed without delay. In cases where the purchaser buys a property, which is not yet built or just completed, he cannot have the title deed on his name since the separate Title Deeds are not yet available. In this case, the vendor has a title deed of the land on which project is under construction. The issuance of the separate title deeds is a long procedure which the Developer takes through the various appropriate authorities before they are issued; The Vendor first applies and obtains the Town Planning Permit and then Building Permit. After the completion of the property the Vendor applies for the Certificate of Approval, Divisional License etc. The last two certificates/Licenses can only be issued after the completion of the project and it takes some time for the government departments to inspect the project and issue them. In cases where the purchaser buys a property that’s part of a project under construction, he must expect his separate title deed to be ready in approximately 4 to 6 years from delivery of the possession of the property. When purchasers acquire their title deed, it is the time for them to pay their transfer fees to the government. The Transfer Fee is the most serious expense over and above the sale price that the purchaser bears and is calculated as follows based on the evaluation of the property (normally is based on the purchase price, unless the District Lands Officer evaluates the property at a higher value):

3% on the first €85.430,07 (CYP 50,000) of the value of the property
5% on the second €85.430,07 (CYP 50,000)
8% on any amount above €170.860,14 (CYP 100,000)

If there are two purchasers on the contract of sale, then the price is divided by two and therefore, they pay less transfer fees, as the first €85.430,07 per person (i.g. €170.860,14) is 3% and the second €85.430,07 per person is 5% etc. Property sales in Cyprus are subject to Capital Gains Tax at a rate of 20%; however the first €17.086 of profit is exempt.

 

Are there any fees payable over and above the price of the property for legal/ agency work or stamp duty?

Are there any fees payable over and above the price of the property for legal fees or stamp duty? The purchase contract entails Stamp Duty which is payable within 30 days of signing the contract. Stamp Duty is levied at the rate of 0.15% per EUR 1.708,60 up to the value of €170.860,14 and thereafter at the rate 0.2 %. It is always advisable to appoint an independent solicitor in Cyprus. The fees depend on the property price and the solicitor but the charges are within the Cyprus Bar Association guidelines and generally are very reasonable.

 

It is always advisable to appoint an independent solicitor in Cyprus (maybe you could put couple of lines here on what kind of services are normally offered by the solicitors). The fees depend on the property price and the solicitor but the charges are most reasonable.

 

What expenses does the owner of an apartment have to meet? What is the owners share?

Immovable Property Tax (IPT): The Purchaser is obligated to pay all Property Taxes including the (IPT). This is a government imposed tax which is levied on the value of the property. Until the separate title deeds for each property are issued by the District Land Office, the Developer as the registered owner pays the relevant taxes once a year for all properties based on the estimated 1980 value of the properties as a whole in accordance with the instructions given by the tax office. The developer then uses the same percent estimation on the contract value, to allocate the taxes to each individual beneficiary “owner” of each property.

 

Property Value                                 

Rate (%)

Up to €170.860(CYP 100,000)

exempt

€170.860 (CYP 100,000) to €427.150 (CYP 250.000)

0.25

€427.151 (CYP 250.001) to €854.301 (CYP 500,000)

0.35

€854.302 (CYP 500,001) and above

0.4

 

Municipality Property Tax: This is also a property tax which is paid to the local municipality, in accordance of the same procedure as above and then is allocated to the individual properties.

Sewerage Board of Pafos (SBP): This tax is also paid by the Developer as explained above until the issue of separate title deeds as a whole and then allocates to each property. This is a tax collected by the municipality of Pafos in order to put the whole area onto the mains sewage line.

Municipality/Council Tax: This Tax is paid directly by the individual owners to the Municipality or Town Council and it is billed by the Water Board once a year. This is for things like the street cleaning, street lighting, refuse collection etc.

Communal Expenses: This is a fee for the maintenance of the communal areas on your project as per Contract of Sale and or Management Agreement. This charge is payable in advance every year, starting with the delivery of the property and covers the following:
· Landscape and garden maintenance.
· Pool and other common facilities maintenance
· Pool chemicals.
· Water supply for common areas.
· Electricity supply for common areas.
· Insurance cover for common areas.
· Cleaning services of common areas.
· Property management services of the whole project, not individual property management.
· Any gardening/cleaning equipment needed to perform the above tasks.

Communal Expenses are not applicable for the properties, which don’t have commonly owned facilities (e.g. private villas with individual pools).

In addition to the above expenses you will have to pay the electricity and water consumption, for which there are separate meters provided for each property.

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19 Mar 2010

Last week my wife and I came over to Pafos to finalise the handing over of our new apartment which has just been completed by G & V Hadjidemosthenous Ltd at Tala Riviera. This, as you no doubt know, involves sorting the water supply, electrics, insurance etc. Then of course there is the task of obtaining furniture. All in all a fair amount of work to be done and work that can be quite time consuming and even troublesome if someone is not familiar with Cyprus.

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