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 [ Property Ownership ] [ Property Registration/ Transfer Fees ] [ Stamp Duty ] [  Immovable Property Tax ] [  Acquiring the Title Deed ]
 [
Residential Permit ] [  Legal Safeguards for Foreign Investors ] [  Selling your Property ] [  Taxation ] [  Estimated Savings ]

[ Tax Benefits ] [ Duty Free Privileges ] [ Simple Guide ] [ Check List ] [ Residence in Cyprus] [ Immigration Permit ]

Property Ownership

Compared to many other countries purchasing property in Cyprus by foreigners is relatively simple.

Non Cypriots are permitted to purchase (for their personal use) either:

   an apartment
   a house or a villa on a site
   a piece of land

The maximum allowed area is 4,013 square meters (an equivalent of 43,195 square feet)

Offshore entities may also acquire property in Cyprus (for their business purposes and/or for their employees' residential needs. In certain circumstances a non-Cypriot may be given permission to own a property that exceeds these dimensions.

Permission to transfer the property bought to the non-Cypriot's name must be sought from the Cyprus Council of Ministers. However this is granted more or less as a matter of course to all bona fide purchasers.

In the meantime, purchasers may take possession of the property without restriction. The application to the Council of Ministers to acquire immovable property in Cyprus can be made within a reasonable time after signing the contract of sale.


Property Registration/Transfer Fees

Real Estate Transfer tax-fees are necessary in order to transfer FREEHOLD ownership to the name of the purchaser. This can be done as soon as the relevant Government Authority has issued the title deed and the purchase has been completed. The Transferee is responsible for the tax payment. The rates are on a graduated scale:

Value of property in Euro

Transfer fee rate 
( %)

Up to 85,000

3

From 85,000-170,000

5

Over 170,000

8

For Example, if the purchase price is 100,000:

 

Value

Transfer Fee Rate

Transfer Fee

The First

85,000

3 %

2,550

The Next

15,000

5 %

750

 

 

 

Total: 3,300

Should the purchase be made in joint names (i.e. husband and wife, and provided that the total purchase price is more than 170,000) the calculation for the total transfer fee is as follows:

For Example, if the purchase price is 170,000:

 

Value

Transfer Fee Rate

Transfer Fee

The First

85,000

3 %

2,550

The Next

85,000

3 %

2,550

 

 

 

Total: 5,100

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Stamp Duty

Due at the time of signing the contract, stamp duty is levied at the rate of
2.60 per 1,700 up to the value of 170,000, and above that the rate is  3.40 per 1,700.

For Example, if the value (or purchase price) is
250,000:

 

Value

Stamp Duty (% per 1700)

Stamp Duty Cost

The First

170,000

1.5%

260

The Next

80,000

2.0%

160

 

 

 

Total: 420

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Immovable Property Tax

The annual immovable property ownership tax is based upon the value of the property. Certain immovable types of property are exempt.

Value of Property (in Euros)

Annual Property Tax (rate per thousand)

Up to 170,000

exempt

170,001 to 430,000

2.0

430,001 to 855,000

3.0

Over 855,000

3.5

IMPORTANT: Immovable property tax is based upon the value of the property in 1980 which is much lower than the current market value. So there is no immovable property tax for the majority of properties in Cyprus.

Local Authority Taxes and rates

Estimate roughly something between
€100-300 per year depending on the size of your property. This tax is for garbage collection, street lighting, sewerage, etc...


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Acquiring the Title Deed

Transfer of ownership from vendor to purchaser is undertaken by a simple procedure through the Cyprus Land Registry Office, either by the buyer in person or by appointing a third party (i.e. a Licensed Estate Agent ) with a Power of Attorney.

In the case of the non-Cypriot, a prerequisite of registration is evidence that the property has been paid for with foreign exchange. 
When one buys a piece of land or a house, the seller as a rule must have a title-deed in his own name which can be transferred to the purchaser. However, if one buys a flat, especially one still under construction, there is no title-deed in existence for the flat and sometimes the seller does not have a title-deed even for the land on which the building is being built because it may still be in the name of the original owner from whom the developer has purchased the property and to whom he stills owes money. These are matters which the purchaser's lawyer must consider and embody in the contract, as well as take such other steps as may be necessary so as to safeguard the interests of the purchaser.

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Residential Permit

Residential Permit is easily obtained for persons living in Cyprus, who have purchased property 


Temporary Permit: The granting of this permit requires the existence of a bank account in Cyprus and a sales agreement of the property purchased. Temporary residence status can be from one to four years. 

Permanent Permit: In addition to the above requirements, the applicant must establish evidence of a secured annual income of not less than
€10,000 for a couple. 

Non-Cypriots wishing to reside permanently in Cyprus must apply to the Committee of Aliens Control. To obtain residence permission a Non-Cypriot should fall in the following categories: 

CATEGORY A: In this category are included people who are interested to open an offshore office in Cyprus. 

CATEGORY B: In this category are included self-employed foreigners who are interested to open their own business in Cyprus on the condition that their operations will not have negative impact on the economy of Cyprus. Additionally the minimum capital required is
250.000 

CATEGORY C: In this category are included Non-Cypriots who are interested to be employed in Cyprus by a Cypriot employer. Permission is granted on the condition that their employment will not lead to an increase in the local unemployment in the profession they will practice. 

CATEGORY D: In this category are included foreigners not employed in Cyprus however would like to reside permanently in Cyprus. Permission will be granted on the condition that they have received from abroad and is no less than
€10.000. 

Non-Cypriots wishing to take up employment in Cyprus are required to have a permit under the Aliens and Immigration Law. 

Temporary residence is easy to obtain once the applicant fulfils certain requirements. To apply for temporary residence a visit to the local immigration office should be arranged and produce the following documents


• A certificate from a local bank stating that the applicant is a holder of an external account at that bank and stating the balance of the account. Obviously, the larger the balance, the more favorably the applicant will be seen 
• Passport 
• 3 photos 
35,00 
• Copy of Rental Agreement or Sales Contract
 

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Legal Safeguards for Foreign Investors

Contrary to the risks inherent in the purchase of property in some countries, Cyprus has never been involved in the nationalization of any sector of the economy, nor in the expropriation of property owned by foreigners. Indeed the Republic has often guaranteed foreign investments jointly and severally with local participants - consistent with its efforts to create a favorable climate for such investments.


Selling your Property

You can sell the property at any time and with no restrictions. However there are two different cases:

a) If the property is sold to a non-Cypriot who is paying from external funds, then the whole amount can be repatriated without any requirements. 
b) If the property is sold to a Cypriot, who is paying in Cyprus pounds then the seller is entitled to repatriate an amount equal to: a) what he paid to buy the property, b) plus any other (proved) costs involved with additions or extensions of the property, c) plus the transfer fees, d) plus the inflation, e) plus
100,000 per person per year.
 

Taxation

There are substantial tax advantages for U.K. citizens retiring to Cyprus.

The U.K./Cyprus double taxation treaty, which is unique in this respect enables United Kingdom pensioners to remit both government as well as private sector occupational pensions to Cyprus free of withholding taxes in the United Kingdom.

In practically all other United Kingdom double taxation treaties government pensions are almost always subject to withholding taxes at source. Hence the relief offered to British government pensioners resident in Cyprus is unique to Cyprus and generally not available elsewhere under the terms of other U.K. double taxation treaties.

Similarly foreign retirees living in Cyprus are taxed at only 1/10th of the local rate, foreign retirees pay income tax at the rate of 5% per annum on all imported pensions, with an annual exemption of the first
3,500.

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Estimated Savings


Assume United Kingdom pension of
30.000 per annum
United Kingdom withholding taxes would therefore be
€10.000
The above pension remitted to Cyprus income tax in Cyprus would be only
€1,500
 

Gross saving in respect of United Kingdom income tax €8,500

Tax Benefits

The United Kingdom also maintains a reciprocal agreement with Cyprus in respect of National Insurance pensions benefits which in the hands of foreign retirees living in Cyprus remain index linked.

Cyprus levies taxation only on a remittance basis, that is, it taxes only assets that are brought into Cyprus, rather than the more punitive system of taxation on world-arising income that is practiced in may other countries including the U.K. and U.S.A. as well as Spain and Portugal. Residents of Cyprus can thus legally hold assets tax free in banks in tax havens such as the Isle of Man and Jersey, and suffer no taxation on bank interest or dividend income remaining outside Cyprus. No capital gains tax is charged on the remittance of capital assets to Cyprus such as money needed for the purchase of property and other similar capital assets such as motor vehicles.

Increasingly, Cyprus is used as a residential base for former residents of the U.K. Who wish to restructure their personal assets in a favourable tax jurisdiction, where U.K. capital gains tax and income tax exposure can be effectively and legally minimized. The potential tax advantages for retirees are thus truly substantial and the use of Cyprus as a fiscal base for retirees of all nationalities should not be ignored.


Duty Free Privileges

A duty free car is one example of the privileges available to persons retiring to this lovely Island. A medium size saloon car will cost just over half the U.K. price.

Personal effects, household goods and furniture can be imported free of any taxes by immigrant retirees provided they are for personal use and have been used for a while.

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SIMPLE GUIDE TO PURCHASING PROPERTY IN CYPRUS

Our Company will guide you through purchasing a property in Cyprus both legally and effectively.

1. You will sign a Contract with the company that owns the property you have chosen.

2. The Contract then needs to be stamped.  This costs
2.50 per 1,700 of the Contract value.  When the Contract has been stamped, it will be deposited at the Land Registry within one month.  This process secures the Purchasers rights. 

3. As a foreign investor you have to provide proof of importation of foreign currency for the purchase to the (Cyprus) Central Bank.  (Providing this will enable the future exportation of the funds)  This proof may be obtained in two ways.  Firstly, if importing cash, this should be declared at the airport or secondly, the funds may be transmitted through normal banking channels into the Company's account.

4. Once the monies have been imported, approval will be obtained from the Central Bank.  This approval will also be required by the Land Registry prior to the Title Deed of the chosen property being registered in your name.


5. If the property is sold in the future, imported funds can then be exported in total plus any profit to the value of
17,000 per annum.

6. An application will need to be made to the Council of Ministers for permission to own property in Cyprus.  Transfer of ownership (Title Deed) cannot take place until this is received.  This application will require details of the property and the personal and financial status of each applicant.  This permit usually takes approximately six (6) months to complete so it is advisable that the application is made in good time.

7. When the permit is received from the Council of Ministers and assuming the Title Deeds are issued (in the case of new property) then the transfer can take place.  Transfer fee rates are quoted on this Web page under TAXES/FEES (above)

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CHECK LIST

REQUIREMENTS AND STEPS TO BE TAKEN BY AN ALIEN ACQUIRING IMMOVABLE PROPERTY IN THE REPUBLIC OF CYPRUS

  1. Obtain reliable and expert local advice.
     

  2. Before entering into a contract carry out a search at the District Lands Office to check whether there is already a title-deed in the name of the seller in respect of the property to be purchased or, if not, whether the issue of such a title-deed is legally feasible, as well as, in either case, whether the property is encumbered in any way or not.
     

  3. If the property to be purchased is a piece of land, check
    a) whether it has a road access (without it, building is not possible)
    b) if the land is included in any zone or area where building is restricted and , if so, to what extent it is restricted:
    c) whether it is subject to any street widening scheme;
    d) whether the supply of water and electricity is possible and at what expense.
     

  4. If the property to be purchased is a house or a flat, check whether there is a building permit and, if completed, whether a certificate of approval for the building has been obtained from the appropriate authority.
     

  5. In any case, check the possibilities and eventual availability of a telephone connection.
     

  6. Do not enter into a contract before being assured by the lawyer that the case is one in which the relevant permissions from the authorities would, as a rule, be granted.
     

  7. When entering into a contract, check that there are ample and proper provisions ensuring
    a) the eventual transfer of the property and the issue of a title-deed free from any encumbrances;
    b)  that the contract is subject to obtaining the relevant permissions from the authorities (this is presumed in law but it is advisable to refer specifically to it, inserting provisions for the return of money paid if permission is not obtained);
    c) that possession is delivered to the purchaser upon execution of the contract if the building is completed and, if not completed, upon completion;
    d) that in the case of a flat, there are general conditions attached to the contract applicable to and binding on all other purchasers and users of flats or shops in the building, regulating their respective rights and obligations.
     

  8. Ensure that the contract is signed by the seller in the presence of two witnesses, themselves competent to contract, who have signed as attesting witnesses.
     

  9. If the seller is a company, ensure that all corporate actions have been properly taken for the valid execution of the contract.
     

  10. If the seller is a person under legal disability or if a person signs in a representative capacity on behalf of the seller, check the proper authority and legal ability of the person signing on behalf of the seller.
     

  11. As soon as practicable after the execution of the contract ensure that:
    a) an application is made in the proper form for obtaining the permission of the Council of Ministers;
    b) an application is made to the Central Bank of Cyprus for an exchange control permit, unless the purchaser, though an alien, is a resident for exchange control purposes and the seller is also a resident;
    c) a copy of the contract is deposited with the District Lands Office within two months of its execution, thus ensuring that the contract becomes a charge on the property and that it may be specifically performed.
     

  12. As soon as practicable after the permission under 11(a) and (b) above has been obtained, ensure the earliest possible transfer of the title-deed though the District Lands Office, and if a separate title-deed has not yet been issued ensure with the seller that this is done as quickly as possible.  In the case of any breach in the contract ensure that legal action is brought within six months from the date of the breach after written notice.

All the above matters should, of course, be looked after by the lawyer of the purchaser, but their enumeration and their following up by the purchaser himself is advisable and useful.

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GENERAL INFORMATION REGARDING ENTRY & STAY of ALIENS in CYPRUS

Visitor

Aliens may enter Cyprus for a maximum period of 3 months provided they possess valid national passports, return tickets to their country of domicile and they are in possession of sufficient funds for their maintenance during their stay in Cyprus.
The date of expiry of a visitor's permit in Cyprus is normally stamped on the visitor's passport and visitors wishing to extend their stay in Cyprus are advised to apply through the Aliens Office of the District in which they reside.  This should be done at least two weeks before the expiration of their permit and the application should be submitted on the prescribed form.

Employment in Cyprus

Applications for employment should be submitted not by the person(s) concerned but by their prospective employers in Cyprus to the Migration Department, Nicosia.  Applications should be submitted by the employers in Cyprus on the appropriate forms.  The latter are available from the Aliens Office of the District of residence of the employer who should submit them together with a covering letter and a copy of the offer of employment.  Entertainment of an application largely rests on its contribution to the general economy of the island and its non-competition with the local people.  Each application is treated on its own merits and no general rules for its approval may be given in advance.  Applications usually take 2 to 4 weeks plus to be considered and the result in communicated to the employer in Cyprus.  Persons wishing to travel to Cyprus solely for the purpose of employment are advised to ensure that an employment permit has been secured beforehand.

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Permanent residence in Cyprus

Permanent residence refers to residence of many years and possibly for good.  Certificates of permanent residence granted to aliens are valid for an indefinite period and their holders are exempted from the necessity of obtaining visas when entering Cyprus.  The alien in question must take up residence in Cyprus within one year from the date of issue of the Immigration Permit.

Immigration Permits are classified under 5 categories

Applications should be accompanied by all relevant documents regarding applicant's financial standing.  Applications are made on the appropriate form(s) and submitted to the Migration Department, Ministry of the Interior, Nicosia, Cyprus, for consideration.

Applications under Category F are usually made by persons who wish to retire to the Island

Applicants under this category should be of independent means of support and documentary proof of their income (from Banks, Pension Funds etc) should be submitted together with their applications.

Category 'A'     Farming                                                  
Category 'B'     Mining
Category 'C'     Trade and Business
Category 'D'     Self-employment
Category 'E'     Cyprus employer work

Category 'F'     Applicants of Independent Means:
                     This category is for persons who have a secured annual income, high enough to give 
                     them a decent living in Cyprus without having to engage in any business, trade or
                     profession.  Most applicants come under this category, the majority being pensioners
                     or retired persons.  The annual income required depends on family size, as shown
                     below, but the Immigration Control Board may demand additional amounts.  
                                                       

                     APPLICANT                                                      ANNUAL INCOME
                     Single Applicant                                                    
6,500
                     Applicant and 1 Dependant                                     
9,700
                     Applicant and 2 Dependants                                   
12,900  
                     Applicant and 3 Dependants                                   
16,100

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APPLICATION FOR IMMIGRATION PERMIT
UNDER ANY OF THE CATEGORIES A to F (SPRING 2002)

I hereby apply for a certificate under Category ............. A, B, C, D, E or F .............  Particulars are as follows:-

1.   Full names of applicant
2.   Address
3.   Sex
4.   Profession / Occupation
5.   Married / Single
6.   Place and date of birth
7.   Religion
8.   Nationality (at birth)
9.   Present nationality or national status
10. Maiden name (if applicant a married woman)
11. Change of name by deed poll or otherwise

12. Particulars of passport held:  Passport No. ............................................ issued at.........................................      on .................................................................... valid until ..........................................................and bearing      visa for Cyprus No. ........................ or endorsement granted by ........................... on ..................................
13. Particulars of persons dependent on and accompanying the applicant:

Name (including maiden names of married, widowed or divorced women)

Age

Sex

Nationality

Condition (single, married, widowed or divorced)

Relationship

14. Particulars of persons dependent on and not accompanying the applicant:

Name (including maiden names of married, widowed or divorced women)

Age

Sex

Nationality

Condition (single, married, widowed or divorced)

Relationship

15. Particulars of previous residence in Cyprus (if any) by applicant giving places of such residence and dates in full

16. Category A (Agriculture or Animal Husbandry)
      
Business proposed to be undertaken in Cyprus
17. Interest in land in the Island acquired / for the acquisition of which permission has been obtained.
18. Capital sum held in applicant's own right and at his full and free disposition and where situated.
      (Documentary proof to be attached)

19. Category B (Mining)
     
Type of mining in which applicant intends to engage in Cyprus
20. Particulars as to prospecting right or license in possession of / obtainable by the applicant.
21. Capital sum held in applicant's own right and at his full and free disposition and where situated.
      (Documentary proof to be attached)

22. Category C (Trade or Business)
      Trade or business which applicant intends to carry on in Cyprus.
23. Particulars as to license (if license is necessary for carrying on the trade or business) in possession of /
      obtainable by the applicant.
24. Capital sum held in applicant's own right and at his full and free disposition and where situated.
      (Documentary proof to be attached)

25. Category D (Academic Professions)
     
Qualifications of applicant
26. Capital or assured income of which applicant is in possession and where situated.
      (Documentary proof to be attached)

27. Category E (Employment)
      Nature of employment (not being temporary employment) which the applicant has accepted in Cyprus.
      (Documentary proof to be attached)
28. Particulars of qualifications.
29. Name and address of employer.

30. CATEGORY F (Applicants of Independent Means)
      Particulars of income and source from which derived.
      (Documentary proof to be attached)

Date and signature
 

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Legal Notes on Real Estate & Property in Cyprus

 

 

TABLE OF CONTENTS

(For more details please click on your subject of interest)

 

1.0 INTRODUCTION

1.1 General

1.2 Cyprus

 

2.0 CYPRUS IN INTERNATIONAL LAND MARKET

2.1 Foreign Investments in immovable property

2.2 Price of land

2.3 Legal assistance

 

3.0 LEGISLATION RELATED TO IMMOVABLE PROPERTY

3.1 General Legislation

3.2 Specific Legislation

3,3 Double Tax Treaties

 

4.0 BRIEF REFERENCE TO SOME ASPECTS OF LEGISLATION CONCERNING FOREIGN INVESTMENTS

4.1 The Constitution of Cyprus

4.2 The Contract Law and the Civil Procedure Law

4.3 The Stamp Law

4.4 The Wills and Succession Law, The Administration of Estates Law, the Probates (Re-Sealing) Law and the Estate Duty Law

4.5 The Trustees Law

4.6 The Exchange Control Restriction Law and the Central Bank of Cyprus Law.

4.7 The Immovable Property (Tenure, Registration and Valuation) Law

4.8 The Sale of Land (Specific Performance) Law

4.9 The Acquisition of Immovable Property (Aliens) Law

4.10 The Immovable Property Tax Law and the Immovable Property (Towns) Tax Law

4.11 The Capital Gains Tax Law

4.12 The Rent Control Law

 

5.0 CONCLUSION

 

ANNEX 1

FEES FOR LEGAL SERVICES RENDERED BY THE REAL ESTATE & PROPERTY DEPARTMENT

 


1.0 INTRODUCTION

1.1 General

Nowadays the world population is growing rapidly and so is the demand for land. The need for land is not limited to the residential sector; it occurs in the agricultural, industrial, commercial and tourist sectors as well. Land is a finite material and therefore its value worldwide is constantly increasing.

This increase in value is aggravated by inflation and by the instability of the monetary systems and fiscal policies of the countries that lead the race in the financial field, thus making investment in the safer sector of immovable property more attractive. The great technological progress in communication, transportation and international trading has made investment in this field easier and more accessible than in the past.

Man's affinity with the land stems from time immemorial and it is easy to understand why land has always been considered as one of the most precious commodities, closely connected with social and economic stability and progress, and why the various legal systems have always tried to regulate in detail the rights of possession, occupation and ownership of immovable property.

1.2 Cyprus

Cyprus is no exception to the rule. The economic and social evolution that has taken place in recent years and the sophisticated methods of cultivation and industrialization, together with the absence of alternative forms of investment, have diverted capital both from home and abroad to land ownership and land transactions.

This trend has necessitated the establishment of a suitable legal framework whilst allowing the involvement of Cyprus in the international land market, protects the social, economic, agricultural and industrial interests of the island and its people.

Cyprus has achieved this task. Despite its troubled history, it has managed to develop a constructive legal system for immovable property that is as efficient as similar systems in other advanced countries. It is operated through a series of laws which are regularly amended to meet everyday demands and balance conflicting interests in this vital sector of the economy.

2.0 CYPRUS IN THE INTERNATIONAL LAND MARKET

2.1 Foreign investments in immovable property

The location of Cyprus in the eastern Mediterranean at the crossroads of Europe, Asia and Africa, the safe and protective legal system, the perfect infrastructure, coupled with regular communication with all parts of the world, the relatively low cost of living, its excellent climate and the friendliness and hospitality of its people, are just some of the reasons that have made Cyprus attractive to foreign investors for over 20 years now.

Foreigners who seek to invest in immovable property in Cyprus may be classified in the following four main categories:

(a) Retired residents

These are people who settle permanently in Cyprus upon retirement. A series of incentives is given by the Cyprus Government to retired people, including duty-free facilities and very low taxation of their income which emanates from abroad. These people may also enjoy, under certain circumstances, the benefits of the Double Taxation Treaty of their country of origin with Cyprus, if there is one. Cyprus has signed 26 such treaties, regulating in effect tax relations with over 40 countries.

(b) Employed residents

This category includes foreigners who live indefinitely or for a fixed period of time in Cyprus as employees, either of their own offshore company or of a local or offshore firm, and who choose to purchase their own property in Cyprus rather than live in rented premises.

In this category are also included offshore companies purchasing houses for their Directors.

(c) Holiday Makers - Speculators

These people purchase properties in Cyprus as holiday homes or for possible permanent places of abode upon retirement, or for the sale thereof with a reasonable profit at a later stage.

Profits realized by foreigners from the sale of immovable property may be expatriated under certain restrictions.

(d) Business investors

These are foreign individuals and companies who acquire property in Cyprus for touristic or industrial purposes, making use of the location and climate of Cyprus, the excellent infrastructure and the various incentives offered for these purposes, especially in the area of taxation. To this end, the Free Trade Zone structure of Cyprus offers great inducements ranging from the provision of all modern facilities to low tax or tax incentive status.

2.2 Prices

The relatively small area of Cyprus and the great demand for immovable property, especially in recent years, have led to a considerable increase in the cost of land and accommodation in Cyprus. However, despite the increase, the prices of land and accommodation in Cyprus, as well as the cost of living, are still comparatively lower than those of most European countries or holiday resorts.

2.3 Legal assistance

The complexity of the legislation on immovable property and the formalities which need to be considered when dealing in relevant matters render it necessary, especially when foreigners wish to invest in immovable property in Cyprus, to seek and obtain from the start reliable and efficient legal advice in order to avoid unpleasant results and future undesirable consequences.

3.0 LEGISLATION RELATED TO IMMOVABLE PROPERTY

Many laws in Cyprus regulate matters affecting immovable property and transactions related thereto either directly or indirectly. Such legislation may be divided into two categories, namely General Legislation and Specific Legislation.

3.1 General Legislation comprises those laws which, although not regulating matters of immovable property directly, do contain provisions applicable to rights in immovable property and to transactions related thereto. The main laws in this category are as follows:

(a) The Constitution of Cyprus

(b) The Contract Law, Cap. 149

(c) The Civil Procedure Law, Cap. 6 and Rules

(d) The Stamp Law, Cap. 228

(e) The Wills and Succession Law, Cap. 195

(f) The Administration of Estates Law, Cap. 189

(g) The Probates (Re-Sealing) Law, Cap. 192

(h) The Estate Duty Law, Cap. 319

(I) The Trustees Law, Cap. 193

(j) The Exchange Control Restriction Law, Cap. 199

(k) The Central Bank of Cyprus Law, No. 48/63

3.2 Specific Legislation includes all the laws and regulations referring particularly to immovable property and are as follows:

(a) The Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224

(b) The Sale of Land (Specific Performance) Law, Cap. 232

(c ) The Acquisition of Immovable Property (Aliens) Law, Cap. 109

(d) The Immovable Property Transfer and Mortgage Law, No. 9/65

(e) The Immovable Property Tax Law, Cap. 322

(f) The Immovable Property (Towns) Tax Law, No. 89/62

(g) The Capital Gains Tax Law, No. 52/80

(h) The Rent Control Law, No. 23/83

3.3 Double Tax Treaties

Cyprus has entered into 26 Double Tax Treaties, certain provisions of which affect directly or indirectly the possession, ownership and disposition of immovable property especially in matters of taxation.

4.0 BRIEF REFERENCE TO SOME ASPECTS OF LEGISLATION CONCERNING FOREIGN INVESTMENTS

A brief analysis and reference is attempted herein below on some aspects of the above legislation of Cyprus, in relation to the protection of ownership and the rights pertaining to immovable property, the regulation of relevant transactions and the developed policy in similar matters especially where foreign investments are concerned.

4.1 The Constitution of Cyprus

The Constitution of Cyprus establishes the equality of all persons irrespective of their nationality and includes provisions for the protection of human rights of all persons without discrimination. Any violation by an administrative authority of a person's fundamental rights entitles such person to request this authority to remedy the situation. The administrative authority in this case has a period of 30 days during which it must give a prompt answer to the petitioner.

Furthermore, such person has free access to any competent Court in Cyprus, as well as the European Court and Commission on Human Rights.

The right of ownership of immovable property is considered as one of the fundamental human rights under the Constitution of Cyprus and as such it is clearly and absolutely protected. According to section 23 of the Constitution, compulsory acquisition or imposition of restrictions on immovable property by the Government is regulated by the Compulsory Acquisition Law, No. 15/62, whereby the Government may acquire, in the matter of public interest and by giving just cause, property with payment of immediate compensation to the owner at the present market value. This law also provides that properties acquired as above should be returned to their owners if the purpose for which they were acquired does not materialise within three years from the date of acquisition.

Therefore foreigners who own property in Cyprus can also enjoy all those rights pertaining to property which are available to the citizens of Cyprus and can be assured that their property is absolutely protected.

4.2 The Contract Law and the Civil Procedure Law

These laws are to a large extent modelled on their English counterparts and they regulate all kinds of transactions, including those relating to immovable property and the court procedures in resolving disputes arising there from.

It is advisable that contracts referring to immovable property be made in writing, duly stamped and properly signed and witnessed.

All disputes arising from transactions concerning immovable property are governed by the laws of Cyprus and are subject to the jurisdiction of the courts of Cyprus. The parties, however, may in some circumstances agree concurrent jurisdiction of other courts or refer any dispute to arbitration before resorting to court proceedings.

4.3 The Stamp Law

The Stamp Law defines the revenue stamps payable on contracts in accordance with the purchase price as follows:

(a) For a purchase price up to €170.000, the revenue stamp is 2.50 per thousand.

(b) For a purchase price exceeding €170.000, the revenue stamp is €3.5 on every thousand over €170.000.

The absence of the revenue stamp does not render a contract null or void but it cannot be used in Court proceedings or for the transfer of ownership of property in the Land Registry. Unstamped contracts may be used as above if properly stamped at the time of such use, in which case a fine is also imposed according to the value and the time of execution of the relevant contract.