Saturday, May 19, 2012

Legal Protection

Cyprus Legal System - Explained

The Legal System in Cyprus is mainly based on the Anglo-Saxon Legal System. Private property in Cyprus is well protected. "Effective means are available for enforcing property and Contractual Rights", reports the U.S. Department of Commerce.

According to the U.S Department of State, "The Constitution provides for an independent judiciary, provisions which generally are respected in Practice...Cyprus inherited many elements from the United Kingdom including the presumption of innocence, the right to due process and the right of appeal."

cyprusThroughout Cyprus, a fair public trial is provided for in law and accorded in practice. The Land Registry Department in Cyprus is one of the most reliable systems in the world. All contracts and other paper work is available in English which is the most widely spoken language after Greek.

The purchasing of property has become more and more straightforward over the years and now it is particularly easy if you are an E.U Citizen. Laws are in place to protect the purchaser and set procedures are closely followed in securing a "Contract of Sale" via qualified professional Lawyers and as outlined in our "Buying Process" section below

Will I need a Lawyer?

lawyerThe sensible answer is obviously "Yes" although the purchasing of property can be done without one if you want to to do everything yourself. There are numerous Lawyers in Cyprus, most of the ones we come across are based in Paphos town. You are not obliged to use a specific lawyer if one is pushed in front of you which sometimes can happen with certain Developers. On the whole, they respect that the choice of  a Lawyer is down to you. In practice, most customers generally go along with the suggested lawyer due to "history" with that particular developer.

We work on the basis that if you want us at C.P.E Ltd to recommend one we will. We prefer the choice of a professional who works well with the clients and who explains everything fully without leaving the clients feeling rushed or confused, and who was trained and qualified in Law in the United kingdom.

Where do I get a Mortgage?

Again, there are several choices for you concerning acquiring a Mortgage. Many of the Developers recommend certain financial institutions but in the main they normally have "Loan agreements" in place of their mortgageown with the Cyprus banks which serve as a way to construct the houses and developments you are looking to buy.  It, therefore, makes sense to recommend you go to the same places - the Cyprus banks.

If we are asked, we also suggest the banks and will suggest a couple of the "popular" choices when you are with us. When a loan is secured in Cyprus you will be spoken to in English and you can be assured of a good service. Very often they will look at various currency solutions as well as your own thus helping and avoiding certain exchange rates. We will gladly accompany you should you wish.


Buying Process

Who can Buy Property in Cyprus?

At the moment, non-Cypriots must apply to the "Council of Ministers" to buy a property in Cyprus. This is done through the "District Administrative Officer" of the district in which the property is situated and is usually handled by Lawyers or other Professionals. Non E.U Citizens are restricted to the purchase of 1 property.

For E.U. Citizens there are no longer any restrictions and no limit regarding how many properties can be purchased.

What is Specific Performance?

Cyprus operates a very unique way in purchasing property called "Specific Performance". Under this law a purchaser of immovable property may secure the remedy of specific performance, by depositing a duly stamped copy of the contract with the Land Registry within 60 Days from the date of signing the contract, thus preventing the vendor from transferring property elsewhere for as long as the contract is valid and legally effective.

The purchaser is basically protecting themselves until the title deeds are issued and transferred into their names

How much Deposit will I have to pay?

Normally a Developer will ask for a token amount to take the property off the market:- €2000 - €3000 is quite normal. However, you will also have to find about 30% of the total cost of the property within 30 days of purchase if you are acquiring a new property.

If the property is a Re-Sale you will be expected to buy the property outright within a reasonable period following the deposit payment which serves to take the property off the market.

Finance is available to assist you, if necessary, and loans operate in the normal way by means of a mortgage.

Please explain what the Title Deed is?

The Title Deed is issued as proof of the transfer of ownership from Vendor to Purchaser and is undertaken by a simple procedure through the Cyprus Land Registry Office, either by the buyer in person or by appointing a third party with a Power of Attorney.

The transfer of ownership requires a permit from the Council of Ministers.

It is important people understand title deeds clearly. If the property has been completed for some time and the separate title deed is available, the purchaser can acquire it immediately after his approval from the Council of Ministers and the whole case can be completed without delay.

In cases where the purchaser buys a property which is not yet built or completed, they cannot have the title deed with their name on because the vendor does not have the separate title deed of a non-existing property. In these cases, the vendor has a title deed of the land on which their project is under construction. In order to issue separate title deeds, they need to submit to the Land Registry the following documents:

    1Title Deed of the land

    2Building permit of the project

    3Division permit of the project

    4Certificate of Approval of the project

    5Certificate of Approval of the division

The last two certificates 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/she should expect the title deed to be ready in at least 4-5 years from the delivery of the possession of the property. When the purchaser acquires their title deed the Real Estate Transfer Fee becomes due for payment to the Government.

What is Real Estate Transfer Tax?

Often just referred to as RRET the Real Estate Transfer Tax is charged when the Title Deed is available for collection from the Government Authority; normally about 4 or more years after you purchased the property. It is a necessary requirement that transfers freehold ownership into the name of the purchaser.

Real Estate Transfer Tax is a personal tax and the amount payable is reduced if two people register as co-owners - see example of joint names below. The purchaser/s is responsible for the tax payment, and rates are on a graduated scale as shown below:

Payable Up to Amount
3% €85,450
5% Next €85,450
8% Remainder

Working Example

If a person buys a property for €200,000 their RRET will be calculated as follows: 3% up to €85,450 = €2563.50, 5% on next €85,450 = €2563.50 and 8% on the remainder (200,000 minus 170,900) €29,100 = €2328.00. So The Total RRET Payable would be €7455.00

However, because Real Estate Transfer Tax is a Personal Tax, the cost will be reduced if the property is bought in joint names.

Example

First €85,450 at 3% = €2563.50
Second Co-Owner €85,450 at 3% = €2563.50
Remaining €29,100 now at 5% = €1455.00

Total Payable would be €6582 - The principle continues if you add a 3rd or 4th purchaser etc

How much Stamp Duty will I Pay?

stamp-dutyThe purchaser is liable for the payment of Stamp Duty at the rate of 0.15% up to the value of €170,800. Thereafter, the rate is 0.2%. This should be paid within 30 days of signing the contract or a monetary penalty is applied.

For example, Property worth €200,000 in Cyprus, stamp duty is calculated as follows:

€170,800 x 0.15% = €256.20
€29,200 x 0.2% = €58.40

Total Stamp Duty payable in this case is : €314.60

What is Immovable Property Tax?

The annual Immovable Property Tax is based upon the value of the property as of 1st January 1980 and applies to the immovable property owned by the tax payer on 1st January each year.

The Tax due is calculated as follows:

Market Value 1st Jan 1980 Annual Property Tax
up to €170.860,14 0
€170.860,15 to €427.150,36 2.5%
€427.150,37 to €854.300,72 3.5
over €854.300,73 4.0%

How much is Local Authority Tax?

As a rough guide, Local Authority Tax would be approximately €80 - €250 Euros per year depending on the size of your property. This tax is for refuse collection, street lighting, sewerage, etc. The basic utilities, electricity, water and telephone are payable individually in accordance with the consumption and based on a meter reading.

In addition, the prices are calculated differently from one area to the next.In Cyprus, the local "Municipality" would set the prices based on their costs and services which might be very different to other towns etc.

Please explain Capital Gains Tax?

Capital Gains Tax will be payable at the rate of 20% on the net profit - i.e. the difference between the purchase price plus inflation adjustment, transfer tax, and any proven additions / improvements to the property, and the selling price.

However, when you sell a property in Cyprus, even though it may be your main residence, you are liable to pay Capital Gains Tax which is charged on its disposal.

Subject to certain conditions, individuals may claim the following deductions:

  • €17,086 as the entry level amount
  • €85,430 if the property has been the main residence of the tax payer for a minimum period of five years (land must not exceed 1500m2).
These deductions are granted once in the lifetime of the individual, until fully exhausted and if an individual claims a combination of them, the maximum deduction granted cannot exceed €85,430,086

Whats the cost of Income Tax?

Income Tax in Cyprus is payable on a sliding scale as follows:

Personal Allowance per anum:

  • Income between €00,000 to €19,500 is tax-free
  • Income between €19,501 to €28,000 is taxed at a rate of 20%
  • Income between €28,001 to €36,300 is taxed at a rate of 25%
  • Income of €36,301 and over is taxable at a rate of 30%
Social Insurance is also payable at 6.3%

What will I be taxed on my Pension?

Those that have income from pensions pay a flat rate of 5% Income Tax. However, individuals can choose to register under general income tax rules if beneficial.

Personal Allowance for a Retired Individual:

  • Pension Income between €0 - €3420 = 0%
  • Pension Income over €3420+  = 5%
To be eligible for the Retirees tax bands you must not undertake paid employment of any kind.

How much is Vat in Cyprus?

vatThe rate of VAT in Cyprus is currently 15%. The Government of Cyprus imposed the Vat on all properties for which the applications for permits are submitted to the Authorities after the 01/05/2004.

VAT is not applicable for properties with permits before /01/05/2004.

What's the latest on Inheritance Tax?

There is no Inheritance Tax in Cyprus now. This was abolished on 1st January 2000

Quality & Incentives

Quality - Choices in Developers and Standards

Paphos Estates (Cyprus) part of C.P.E Ltd has now been operating in the Country for six years. We have gained an invaluable amount of experience in the Property Market Place in Cyprus. Like everything we encounter in our lives we experience both good and not so good or even bad. We at C.P.E prefer to choose "excellent" when it comes to choosing who we use.

Foremost to our working ethic is "Outstanding Service". We, therefore, in turn expect a high level of customer service from our developers for our clients and we make sure get it. We've seen the pitfalls, the shortcuts, the pressure tactics. We, on the other hand, can assure you of the high level of professionalism that you would expect - so you know what you can expect with our Company. We love to show our Portfolio because quite simply we have confidence in our Property selection: the build quality, the developers we choose and the knowledge & attitude of our staff - after all its all based on experience and being amongst it.

Please browse the projects within our web site, We will be populating the pages more and more over the coming weeks with useful content, information, news and properties.

Buying Incentives

A lot of our success can be attributed to pushing the boundaries to find our clients extra benefits when purchasing property. We work very hard to find new ways of giving more when it comes to value for money and an overall package deal.

Cyprus has undergone a lot of change in recent years especially in the property market. After a somewhat "silly" season, it is our opinion, that property prices a few years ago became unreasonably highly priced following a "boom" period. We were always finding schemes to help the buyer secure better value by adding incentives and cash-back solutions as well as developer packages in helping with interior items.

The times are changing - and for the betterWe are now happy to report that as well as having some superb packages to help our customers the market has stabilised again with more realistic price setting whether they be for new developments, key-ready or resale properties.

Imagine shaking a tree and watching a lot of the fruit fall off, that would be a fair description of the change Cyprus has seen, and now that period is behind us, there is a good standard of professionalism, service and a desire to work more closely with clients.

The best way to keep up to date with our Incentives is to:

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Paradise - especially if you like golf

If you want the best that Cyprus has to offer, you need to take a look at this project. Eloquent, exquisite, ideal for lovers of golf as you'll be living near the course... New standards in beauty and design...

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Bargain - 2 Bed Apartment - Geroskipou

Your opportunity to own a delightful 2 bedroom Apartment in one of the nicest areas of Paphos - Geroskipou.Only 2 minutes from all local amenities this property comes with many extras...

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3 Bed Detached -
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Available with Full Title Deed, this has an abundance of features and an opportunity to enclose the first floor front balcony and add a 4th bedroom, increasing its value. Stunning roof terrace views... Read more...

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