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Buying property in Cyprus is relatively straight forward, with a lot of similarities
to the UK buying process. However it is advisable that if you are seriously interested
in purchasing property in Cyprus, you first familiarize yourself with the legalities
and issues involved.
For non-Cypriots there is a limit of about 4,000 square meters, on the amount of
freehold property they can own in Cyprus.
You are required to pay for your property in foreign currency. Personal checks,
bank drafts and transfers are all acceptable.
The same rules apply to Offshore companies wishing to purchase property in Cyprus.
Property in Cyprus is registered on a land registry.
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A preliminary contract is signed. This binds both the buyer and the seller to buy
and sell the property on terms and conditions that have been mutually agreed. This
is subject to the buyer receiving good title to the property and obtaining the necessary
permits from the Cypriot government. At this stage, a symbolical deposit or holding
fee (usually a few thousand pounds) is secured with a Lawyer or a Notary, which
takes the property off the market.
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The buyer’s lawyer then carries out the searches at the District Land Registry
to ensure that the seller is indeed the owner making sure that the buyer will obtain
good title to the property.
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Non-Cypriot citizens require permission from the Council of Ministers to purchase
property in Cyprus. If this has not yet been obtained, then the buyer should apply
to the council for the permission. It normally takes between 8 and 14 months for
the permission to be granted, and without this the Title Deeds of the property cannot
be made available to the buyer. However, this permission is granted more or less
as a matter of course to all bona fide buyers. In the meantime, however, purchasers
may take possession of the property without restriction, given that they have completed
the purchase.
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Once the searches have proved satisfactory, the two parties then enter into the
final contract, which is then registered at the Land Registry. This protects the
ownership rights until the title deeds are issued and transferred to the buyer's
name, until then the contract cannot be withdrawn, the property can not be leased,
sold, transferred or mortgaged.
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Application is made at the Central Bank at this time for the necessary permit for
the transfer of purchase money. This application is not necessary if both the buyer
and the seller are foreigners.
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The transfer of the title deed is then completed, the full price is paid and the
seller gives vacant possession.
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Upon signing a contract, the buyer is liable to pay stamp duty that amounts to 0.115%
of a purchase price up to CYP100.000, and then at a rate of 0.2% on any purchase
price in excess of CYP100.000.
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Land registry fees are payable when the ownership of the property is transferred.
This is on a sliding scale, ranging from 5% to 8% depending upon the value of the
property.
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Application to the Council of Ministers fee costs around CYP200.
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Lawyer's fees - these will vary according to the amount of work carried out by your
lawyer. As a guide one or two percent of the purchase price is normal.
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Estate agent’s fees are usually paid for by the seller, although if you are
using an estate agent it may be wise to ask if you are required to pay his/her fee.
Mortgage facilities are available for the purchase of property through Cyprus commercial
banks. You can generally borrow up to 70% of the lower valuation and purchase price,
for a term of 5 to 15 years. The loan will be in foreign currency. Alternatively
many developers offer payment terms that are comparable to mortgages. Usually about
one third required at the preliminary contract stage, another percentage is required
on completion and the rest may be paid in monthly installments.
It is recommended that Cyprus property owners draw up a will to cover their Cyprus
property.
Inheritance Tax is payable on Cypriot property and rates are on a sliding scale
depending upon the property value. Full professional advice is highly recommended.
When selling a property the current policy is to allow immediate repatriation of
a sum equivalent to the amount of the original purchase value of property. Any profit
can be exported at the rate of CYP10.000 per calendar year, plus any interest.
There is no Capital Gains Tax where the property was acquired by the importation
of foreign currency. Otherwise Capital Gains Tax is levied at 20% on gains in excess
of CY5.000.
Disclaimer: All of this information is presented
in a general form and as each individuals circumstances different, G&P Lazarou
Ltd. (for their part) take no responsibility for the content when applied to any
specific individual(s). , G&P Lazarou Ltd. advise all clients to seek independent
legal advice when purchasing/selling a home or tax planning.
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