Law Firm
Popular services
Navigation
Our Address
Viber
Telegram
Updated: November 20, 2024
Cyprus title deeds are a series of legal documents that record land and property ownership. The Department of Lands and Surveys (DLS) has a copy of the title deeds for every property. The title deeds prove ownership and show its history. They will also include information such as mortgages, long-term leases (over 15 years), charges, court decisions, etc.
The certificate of immovable property registration (title deeds) is issued by application to the relevant District Office of the Department of Lands and Surveys, Ministry of the Interior, Cyprus.
The rules on title deeds are contained in the following legislation:
The British established the land registration system in Cyprus, which is generally considered a success. All land is registered, so title deeds are an efficient way to show who owns the land and all the previous dealings and details concerning it. The short answer, therefore, is yes.
However, the Department of Lands and Surveys recommends buyers do the following before buying a property:
The Department of Lands and Surveys also highly recommends searching concerning the property. Due diligence can be carried out by the buyer or their real estate property lawyer. A search certificate can be obtained at the Department of Lands and Surveys district office for a EUR 10 fee for every plot of land. The search will show who owns the property if it is mortgaged, and all other issues, problems and information relating to it.
In late 2023, Cyprus passed Law N. 132(I)/2023, which requires the seller to include, as an integral part of the contract, a Land Registry search certificate not older than five working days from the signing of the contract. Read more about this property law amendment.
When buying a property in Cyprus, title deeds can be obtained straightforwardly.
The Department of Lands and Surveys has created an electronic platform for certain transactions. However, obtaining title deeds needs physical presence.
Under normal circumstances, the process takes one hour (there may be a queue, however). Title deeds will need a few working days to be issued.
The cost of title deeds depends on the value of the property.
The rates are as follows:
No transfer fees apply if VAT has been paid.
VAT is paid for immovable property at the rate of 19%.
A reduced VAT of 5% applies for the first residence.
The House of Representatives passed new legislation on 8 June 2023 to diminish the area that qualifies for VAT reduction. The new criteria are that the 5% VAT will apply to 130 sq m of land for a residence worth up to EUR 350,000. To qualify, the whole transaction must be at most EUR 475,000, and the area of the property must be at most 190 sq m.
For people with disability, the reduced VAT of 5% will apply to 190 sq m of land.
This law has been published in the Cyprus Republic Official Gazette and took effect on 16 June 2023. It amends the existing VAT law and has been given the number 42(I) of 2023.
However, there is a grace period. The law does not apply to permissions obtained on applications for reduced VAT submitted up to 31 October 2023.
Cyprus title deeds are transferred using the procedure described in the previous section. The seller must complete form N. 313 to pay all pending taxes concerning the property. The seller and buyer must also complete form N. 270 and pay the transfer fee. The buyer pays the transfer fee.
Title deeds are central documents and an essential part of buying land. They prove the registration of the legal title and who owns the property.
Moreover, title deeds show the current state of the property and contain a description, registration number, encumbrances, mortgages, rights, and charges.
Buying without title deeds is possible, though it may contain dangers.
Common reasons why there are no title deeds are:
Legislation (the Sale of Immovable Property (Specific Performance) Law of 2011) protects the buyer without title deeds by allowing them to ask the court for an order of specific performance against the seller.
Under Law 132(I)/2023, the procedure and remedies for contracts signed after December 12, 2023, changed.
After that date, the seller must include a search certificate from the DLS as an integral part of the sales contract. The search certificate shows any mortgages or other burdens on the property.
The buyer should, within 6 months, deposit at the Land Registry:
The new law (132(I)/2023, amending the original law 81(I)/2011) contains specimens for both types of documents: the declarations and receipts wanted under 2 and 3.
Nevertheless, on June 20, 2024, the Court of Appeal (upon application from a bank) held that the DLS Director's power to delete a mortgage was unconstitutional. Applications from buyers without title deeds are now frozen. The government is consulting with banks and other stakeholders to proceed with new legislation.
The seller is still obliged to include a five-day search certificate in the contract of sale. The buyer should still deposit the contract with the DLS to apply for specific performance under the old procedure.
After a new property has been constructed, the developer (or owner) will apply for the title deeds. The Cyprus title deeds procedure is as follows:
A certificate of final approval (CFA) needs to be obtained from the relevant authority. The relevant authority is usually the Municipality Town Planning Authority; if there is no municipality, the community council for the area or any other council appointed by the Council of Ministers to this effect, or, ultimately, the District Officer for the region.
Title deeds are necessary to buy or sell a property, for succession purposes when the owner passes away, and to resolve property disputes.
If there are no title deeds, the buyer should proceed with caution. Some transactions (dealings) with land are relatively unaffected by the absence of title deeds, such as a short-term lease. Still, due diligence is highly recommended.
What are title deeds for property in Cyprus?
Title deeds are a series of legal documents which prove ownership of land and contain several details about it, such as description and registration number. Importantly, they show legal and other issues concerning the land, such as mortgages, charges, court decisions and long-term leases.
Can you sell a house in Cyprus without title deeds?
Yes. However, if the seller does not transfer the title deeds to the buyer, the buyer can apply for a court order to make the seller do so.
Should I buy a Cyprus property without title deeds?
It is not advisable. If you wish to buy a particular property (for emotional or any other reason), seek the advice of a lawyer.
How to get title deeds in Cyprus?
The Cyprus title deeds procedure depends on whether the buyer will get the property with existing title deeds or whether these are issued for the first time. If the buyer buys property from a developer or a previous owner, they or their representatives will go to the district offices of the Land Registry to complete certain forms. All taxes and charges concerning the property must be paid. If the developer or owner applies for title deeds for a new property, first, they need to get a certificate of final approval from the municipality. The next step is to apply to the Land Registry for the title deeds. The survey department will need to visit the property.
How long does it take to get a title deed in Cyprus?
The Department of Lands and Surveys mentions a few working days. However, title deeds may be issued on the same day.
Who pays immovable property transfer fees in Cyprus?
The buyer.
Popular services
Navigation
Our Address
Book a Free Consultation
Fill in our contact form and one of our lawyers will reach out to you shortly.