CALL US +357 22 510165 Home About Us Areas Of Practice News & Publications Careers Contact Us Cyprus Property Lawyer Home › Areas of Practice › Cyprus Property Lawyer Areas of Practice We are your Cyprus Property Lawyer – D. Hadjinestoros & Co LLC We are the Cyprus Property Lawyer you can trust as we have served a wide variety of clients, local and international, individual and corporate and have advised them on all matters relating to Property Law. Our areas of work include among others, rental agreements, license agreement, leases, mortgages, drafting and advising on reservation of property agreements, purchase and sale agreements and registration of their contracts at the land registry for the purposes of specific performance. We also advise and act on behalf of clients at the Land Registry in order to assure that our clients receive unencumbered title deeds and our work has often involved helping clients and advising them on loans provided by banks to facilitate the purchase of property. We don’t only advise on Cyprus Property Law, but we also serve as property lawyers for the administration and management of properties for clients in Cyprus who are resident abroad. CONTACT US PAGE CONTENT Our Services and Key People Factors to Consider when Buying Property News and Insights Frequently Asked Questions Our Services - How can a Cyprus Property Lawyer help me with buying property? These are some of the ways that our Legal Team may assist you with your property purchase: Land Registry Search Perform a search at the Land Registry in order to make sure that the title is unencumbered. Bank Account Opening Arrange for the opening of a bank account/hold money in a client’s account in order to accommodate the transaction. Sale Contract Draft or Peruse the Sale Contract and make sure that the provisions in such contract cover your interests. Liasing with Mortgagee/Lender/Third Parties Liaise with the Mortgagee/Lender or any third party having an interest in the property in order to discuss how the transaction will take place to ensure that the Purchaser receives good title to the property. Deposition of the Sale Contract Arrange for the Sale Contract to be deposited at the Land Registry. Obtain Tax Clearances Act as your attorney in visiting the tax department and all other authorities in order to proceed with payments and receive the necessary clearances. Transfer the Title Deeds Appear at the land registry on your behalf in order to transfer the title deeds to your name. Key People George Antoniades Senior Associate Real Estate Law Wills and Probate Banking Law and Finance Data Protection georgea@dhadjinestoros.com (+357)22510165 George is a U.K. University graduate and since 2010, is a licensed advocate by the Cyprus Bar Association. He specialises in areas such as Real Estate, Wills and Probate, Banking Law and Data Protection. Antonis Neofytou Associate Real Estate Law Wills and Probate Drafting Litigation antonisn@dhadjinestoros.com (+357)22510165 Antonis is a graduate of the University of Nicosia and since 2012 he is a licensed advocate by the Cyprus Bar Association. He mainly deals with civil law matters. He specialises in areas such as Real Estate, Wills and Probate and is part of the litigation team at D. Hadjinestoros & Co LLC. Seven factors to consider before Buying Property in Cyprus 1 Perform a Search at the Land Registry After deciding to buy property in Cyprus, the first thing for the purchaser (or the Cyprus Property Lawyer) to do is visit the Land Registry and perform a search as to whether the property is subject to any charge. There are many obstacles which make it impossible to transfer good title to real property. A charge constitutes a direct claim or liability on the property under the laws in Cyprus and these are called encumbrances. A mortgage for example, is one kind of such encumbrance. Another type of charge is a Prohibition, which is directed against a specific natural or legal person. It prohibits the transfer or mortgaging of all or part of his real estate. The most common encumbrances are the following: Mortgages Registration of a court judgement (also known as a “Memo”) Property Sale Order (known as “Writ”) A Sale Contract filed at the Land Registry for the purpose of specific performance. Conditional Charge from the Registrar of Cooperative Companies. Judgement or decree for the modification or cancellation of the registration of the property. Court Judgement or Decree for the sale of mortgaged property. The most common Prohibitions are the following: An interim Court Order prohibiting the registered owner of the property from alienating or encumbering it. A Court order appointing a guarding. A Court order declaring that a natural person is “incapable” A provisional court order for the appointment of a Trustee in Bankruptcy. A provisional court order for the appointment of a liquidator. 2 Decide whether to proceed with buying an encumbered property In case the property is encumbered (for example if it is mortgaged), the buyer should compare the value of the property vis-à-vis the part/value of the property which is encumbered. In such a case, the purchaser should agree with the seller to pay any amounts due on the property (for example the amounts owed to the mortgagee /lender) and deduct the amounts paid from the sale price. Of course the mortgagee/lender, should at this stage be involved in order to make sure that they agree with the arrangement. This will ensure that the buyer will receive an unencumbered title to the property. Note that in case the purchaser has already purchased property which is encumbered, and the contract was deposited at the land registry, the purchaser has the right to make payments of amounts due to the property owner, directly to the mortgagee. Appointing a Property lawyer in Cyprus is important at this stage. It is beneficial if many of the above arrangements are put in writing so that both the seller and the mortgagee/lender agree to them. At D. Hadjinestoros & Co LLC we can assist you with drafting and executing the agreement with the Seller and we can further make all necessary arrangements with the mortgagees/lenders in order for them to remove the encumbrance. CONTACT US 3 The Type of Purchased Property and Its Intended Use The purchaser should take special care when purchasing property which is part of a building or a plot of land. More specifically, in such case him or the appointed Cyprus Property Lawyer should request from the seller the planning permission or the building permit or the separation permit as the case may be. Furthermore, they should then enquire with the appropriate Planning Authority or the Building Authority to verify that the specific licenses have been issued. In case the property is a field for example, then it is advisable, to enquire with the Planning Authority about the prospects and the future use/development of the property (for example residential, commercial or other). D. Hadjinestoros & Co LLC, with extensive experience in assisting in real property transactions, has advised hundreds of purchasers of property and has acted for a number of individuals for the purchase of property. We are your Cyprus Property Lawyer. CONTACT US At D. Hadjinestoros & Co LLC we offer a full range of services in the areas of real estate including the purchase of property in Cyprus, commercial real estate, planning and development, leasing, land use and any other services within real estate that the Client may need – We are your Cyprus Property Lawyer. 4 Matters that the Cyprus Property Lawyer should include in the Contract For most Property Lawyers in Cyprus with experience in real estate transactions, the drafting and perusing of a contract is relatively straight forward. However, it is imperative that every Sale contract includes the following terms: The full description of the property or part which the purchaser will buy (in case the property is part of a structure of another plot) and also the architectural plans/real estate plans, which specify the section of the property or planning permits. The purchase price of the property. The date of delivery of possession of the property. In case of construction contracts, terms as to the time of concluding the building as well as terms relating to damages in case of delay should always be included. Furthermore, a snagging clause as well as a clause guaranteeing title deeds are also essential. For this purpose an amount out of the sale price should be paid only upon the delivery of title deeds to the property. The fact that the seller is guaranteeing free and unencumbered possession. Any payments to be made by the Purchaser/Seller to third parties (such as lenders). The full set of obligations of the seller as well as the purchaser. The list is not exhaustive and prior to drafting or perusing the Sale Contract, your Cyprus property lawyer will have to inquire with the seller and request a land registry search (as described above). Then they should make sure that they include in the contract the above provisions. 5 Depositing the Sale Contract with the Land Registry The deposition of the Sale Contract at the Land Registry serves a very legitimate purpose. The seller of the property will be unable to double sell the property given that no Purchaser will buy a property if from a search at the Land Registry it is obvious that the property is subject to another sale. Given that the second Purchaser will have knowledge of the first sale (as it will be registered as deposited at the Land Registry) they will not proceed with buying the property. Furthermore, in case the contract is deposited with the Land Registry the Purchaser has the right to apply to the court to have the title deeds transferred to him in case the seller does not perform his/her contractual obligations. After the signing of the Sales Agreement and after all stamp duties have been paid, the Purchaser must submit it to the Land Registry of the District where the property is located. Although the Law sets a 6-month deadline for submitting the contract from its signing, any delay may allow another encumbrance to be deposited during that time which would mean that the purchaser’s right may become subservient to the new encumbrance. We can act as your Cyprus Property Lawyer to complete your property transaction. We can also assist you with any other legal obligations such as the payment of Stamp Duties, depositing the contract at the land registry and, in case you are living abroad, prepare a Power of Attorney to act on your behalf for any other matter. 6 Payment of Taxes by the Seller prior to the transfer of the Title deeds to the Purchaser In order to be able transfer the title deeds to the property in the name of the Purchaser, the Cyprus Property Lawyer should ensure that the following taxes have been paid: Property Tax (this has now been abolished, however it may relate to property tax owed by the previous owner during the past years when such a tax was existent) Capital Gains Tax. the Tax Department will grant a tax clearance which the Seller presents to the Land Registry. In order to obtain the clearance, the Seller completes specific forms and submits them to the Tax Department. The capital gains tax is currently 20% on the value of the gains of the property subject to specific deductions. Municipality Taxes. 7 Payment of Property Transfer Fees by the Purchaser Even though the seller is responsible for the payment of property, capital gains and municipality taxes, it is the purchaser who is responsible to pay the transfer fees. The transfer fees are currently payable at 50% of the following rates depending on the value of the property: Property Value in € % Up to 85,000 3 85,001 – 170,000 5 Over 170,001 8 We note that there is a total exemption from transfer fees in case the transaction is subject to VAT (for example a newbuilt). This information does not constitute legal advice. For a free, confidential consultation with a specialist in this area you can contact us to arrange an appointment by phone or email. News and Insights Covid-19 Update: Suspension of evictions in cases of non-payment of rent. Which tenants does it concern? Duties of Property Lawyers in Cyprus Rental Agreements – How are they impacted by the Coronavirus and the Government Decrees on the Suspension of Business Activities? Load more Frequently Asked Questions on Cyprus Property Law Is a Cyprus Property Lawyer required when purchasing/selling property in Cyprus? How do I make sure that a property which I wish to buy is free of any charges? Is there a process of registering my interest when buying property in Cyprus? What taxes are payable when buying property in Cyprus and by whom? Are there any transfer fees when purchasing immovable property in Cyprus? For a free, confidential consultation on Cyprus property law, you can contact us by phone, email or through the online form: T: (+357) 22510165 | F: (+357) 22318214 | E: office@dhadjinestoros.com By Clicking send you accept to the processing of the data you submit in accordance with the terms of our Privacy Policy. Copyright © 2020 D. Hadjinestoros & Co LLC. 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