New property law

[wanderer]

Even TC's cant buy them untill ‘Kat İrtifak Koçanı’
you would need to discuss the matter with your neighbours and decide whether you wish to appoint a third party to take over this process and complete this on your behalf.

Unfortunately, we are not able to assist or advise in relation to the process for obtaining the separate, individual title deeds as this is a technical area which is likely to require plans being drawn up by an architect and is, therefore, outside of our field of expertise. The process for obtaining the separate, individual deeds would usually require the consent and signature of all of the co-owners on the site and the costs would need to be shared between you all. Therefore, this is something which you will need to discuss with your neighbours in order to reach a mutual agreement to appoint a third party to deal with this matter for you.

We can recommend a company who may be able to assist with this.

Lawers comments above

[Reyntj]

I was told by two different people you need to find the original builder...I have no idea if that's correct or not.

[wanderer]

Original Developer or all the owners some of these sites have been up nearly 30 years
Once you've got kit thing all the cost of surveyor and all the fees charges etc you can then sell to a TC only a vastly reduced market

[Mozzy]

That’s if you can parcelise. We have two out of nineteen with memorandums on them where they hadn’t completed before the builder (TC) went bust and fled to UK. We have been told that we have to parcelise but Land Registry say we can’t ever!!!!

[Groucho]

I was told by two different people you need to find the original builder...I have no idea if that's correct or not.

A new architect can be employed to carry out the parcellisation process. This information comes direct from the municipality architect for Catalkoy & Esentepe.

[wanderer]

1.cost of parcelisation small site 10 apartments
2 ocupants 1 turkish 9 aliens so would you get title or loose ownership in total
3 What happens when you die do your heirs inherit or does the state steal it

[kerry 6138]

I was told by two different people you need to find the original builder...I have no idea if that's correct or not.

We had to find the Architect to move the process on.

[wanderer]

kerry 6138 How much did it cost ? Was it jut for one property to be included on the land or multiple properties

[Reyntj]

Common sense would say you can get a new architect to start from scratch and I'm sure Groucho is providing accurate information...

But this is the trnc and different rules get applied on different days of the week..

There are 5 flats on my shared land deed I know one of the other owners is convinced the land is worth more than the flats would be even if they where individual deeds . I think he is dreaming. He seems to think 1 developer is going to make a huge offer to everyone for just the land ...so there was little point pursuing this for me until he needs to sell and realises the pot of gold doesn't exist .

I also assumed that kdv and transfer tax might have to be paid again??? Does anybody know? & That would likely include builders kdv could total 22 % for foreigners ? 12 % transfer tax plus 5+5 kdv . These are just my assumptions I have no idea what the reality is.

[kerry 6138]

kerry 6138 How much did it cost ? Was it jut for one property to be included on the land or multiple properties

It was £200 7 years ago.
We had a koçan in our names relatively quickly after purchase of a villa, no one told us it was a Land Koçan.
When we tried years later to get parcelisation done, this is when we needed the Architect to sign of the plans for the Tapu.
Months later we got our new Coloured Koçan in our names unfortunately next doors villas details were also on the Koçan(shared) years of visits/telephone to lots offices, few palms greased along the way, we gave up trying to do the right thing, enjoyed the Sun for a few more years then sold up and rented.

[wanderer]

kerry 6138
You've got out of the trap well done

Before covid the Tapu was going to do all the lands in Girne and get ready for parcelliaseation they were running late by a year in 2019

Reyntj
Architect is the route to go but as you are experiencing it's herding cats impossible .
Imagine what it would be like with a dozen apartments 6 on the floor and 6 in the air

The thing that makes the law not worth sweating over and spending money is that only "1 alien" can be on a shared kocan out of 12 apartments we have 11 aliens and 1 Turkish national

So what do they do acknowledge you have a deed and fine you then keep fining you till you leave

How do your heirs inherit i could live for another 1000 years as long as the bills are paid

Or I disconect the power switch the water off so no bills and lock the door for ever never to return

Just look at the Bellapais road the shells of abandoned villas been there for over 20 years
Whole areas will soon be like that

[Reyntj]

I'm bemused I thought one lawyer said 3 foreigners can be on 1 shared kocan. Also do foreigners have to sell ? Or is it just for new buyers? I assumed it was just for new buyers ..so much ambiguity here

I'm fortunate I have a kimlik.

[Tanky]

This topic has certainly raised the blood pressures of a great deal of people.
Within the next week or so it is expected the government will be responding to their amendment's to what they previously published. One thing for sure things cannot, and I am willing to bet on it, things will change. They are even saying they are looking at residency for the over 60s and those that have been here for over 15-20 years. Now that should be good reading.
It would certainly help if they, the government, had an open consultation in house before they set peoples heart rates up. I for one am looking forward to reding what they have come up with during their time away from their desks. Tanky

[Mollie the cat]

The biggest problem is listening to gossip, everyone has a different take on it, thats why we went to speak with an advocate who advised us.

[MnM]

Well they've already lost our future investment in terms of property and holidays. Someone asked above can they really be trusted not to change things again in the future? As said on Social Media ref Spain (protests / tourism etc), if people don't come, the economy will suffer long term and they will learn when it is too late that it is much harder to get people back than it is to get rid of them.

[Keithcaley]

...they will learn when it is too late that it is much harder to get people back than it is to get rid of them.

That is so true, Bad News always travels further and faster than Good News!

I think that they have succeeded in wrecking the Construction / Property sector for quite a while.

[Mollie the cat]

I honestly dont think the government care a jot if ex pats leave the country. There are plenty of other nationals to fill the void. We have been here
22 yrs, we have never seen so many people relocating elsewhere (including us)

[MnM]

Yes listen up TRNC administration - Seni besleyen eli ısırma.

[snd1966]

Money root of all evil!
In 1987 when my family bought, the sale took 6 months while permission was granted. The first real boom early 2000's hoping to join Europe, lots of new builds, people buying, developers springing up everywhere, nobody questioned who was buying land, capable of finishing them etc, permission to purchase not important etc. And 20 years on still no change apart from the lack of land owned by Cypriots and prices going through the roof. A lot did buy their dream home but lots made serious money. But only a few worried about the future, the landowners generally got a lovely house, big car, money in the bank but did not think about the future, upkeep, wear and tear, increased costs, family wanting homes. Ones in charge, infrastructure, over populated, who would be buying, settling etc, the buyer trusting contracts and assuming it would be all ok.
Tourism and education used to bring in enough money to cope with the population with Turkey's help, Always pleased to welcome but now what it brings is more people to an over populated island, huge infrastructure problems, electricity, water, sewage and roads choc a block, living accommodation problems
If only people had not seen the colour of money but thought of the future and insisted on procedure. This is throughout the world.

[benjaminbutton]

When is an heir not an heir, when you die and they think they inherit your property. Oh No No No, if you are foreign and the heir is foreign, they now have to apply for Permission to Buy!! The reason I know this is my BF, sniffed this out a year ago and has gifted the property in its entirety to her heir well in advance (hopefully) i,e, all the pitfalls she had have now been overcome (again hopefully) There was some tax to pay I understand by them both, but not a fortune. It may or may not work, this is the TRNC after all but it could make P2P far quicker.

[frugal90]

What about when the property is in joint names??

[wanderer]

I COULD LIVE TO BE 999 YEARS OLD .
THEY'D FIND THAT TAXING WELL NO WHILST I'M NOT DECLARED DEAD (CAPITALS SORYY i'M SHOUTING MAD)

[Groucho]

What we need is the BRS/ATA/TFR to launch a joint action with ECHR against the government stating that racism and a desire for ethnic cleansing are the main drivers for these measures and pointing out that such measures are de facto a block on international recognition. No country can expect recognition of sovereignty whilst enshrining such race-based law in their constitution. Nobody should have granted permission for the vast increases in property development, being as it is, unsustainable in terms of infrastructure and basic human rights to water, power and health but the answer is not and never will be, this reactionary raft of draconian measures vested as they are in ethnic ideals.

[EnjoyingTheSun]

What we need is the BRS/ATA/TFR to launch a joint action with ECHR against the government stating that racism and a desire for ethnic cleansing are the main drivers for these measures and pointing out that such measures are de facto a block on international recognition.

Why not throw in apartheid and genocide as well, they are popular buzzwords.

[Reyntj]

https://kibrisgazetesi.com/turistik-kon ... verilecek/

Another property law coming . There was some detail a few months back about registering daily short term rentals .it's already happened in turkey . Many countries now do similar to be fair . A lot of foreigners renting flats on Airbnb etc will have to get a licence and pay tax . It is what it is . The exact detail not yet available but it will happen . No doubt pressure from hotel owners especially from big hotels & Turkish owners who are running the show...

[13roman58]

https://kibrisgazetesi.com/turistik-kon ... verilecek/

Another property law coming . There was some detail a few months back about registering daily short term rentals .it's already happened in turkey . Many countries now do similar to be fair . A lot of foreigners renting flats on Airbnb etc will have to get a licence and pay tax . It is what it is . The exact detail not yet available but it will happen . No doubt pressure from hotel owners especially from big hotels & Turkish owners who are running the show...

the article I read some time ago stated that all short term rentals (less than 3 months) have to register with the tourist department, failure to comply and pay rental tax and be found to be renting out will incur a fine of £7000 .

[Reyntj]

Yes don't think it's law yet but it's coming . In the UK Airbnb. Have to report all income to HMRC but trnc have no sway with the likes of Airbnb to enforce. In many states in the USA you need a licence I read about 1 case where the had 2 pay 2 years income back for letting without license. They need to raise more taxes so I see nothing wrong with this law . Also it doesn't really screw existing people just something you can adhere to or not rent when is enforced . In turkey once then announced similar laws there was 6 months transitional period to get your house in order .

[wanderer]

BRS members only are being asked to complete a survey on their property position for July 1 st so that BRS can take it up with the goverment

NEW PROPERTY LAWS FOR FOREIGN NATIONALS - SURVEY
In order to better understand the impact of the new property laws for foreign nationals on BRS members, it has been decided to conduct a survey where members can inform us of their current status regarding their property purchase. This survey is not designed to be fully comprehensive and will simply provide an indicative ‘state of play’ for BRS members. The outcomes of the survey will allow the BRS to identify any specific circumstance that may affect members adversely which will then allow us to make representation as appropriate.

We have decided to go down this route following several meetings with our legal advisors, solicitors, estate agents and developers. Please do bear in mind that the new laws were designed to tighten regulations for the number and type of properties foreign nationals can buy and to tighten the collection of taxes by the government.

We have set out a number of categories for which members can choose only 1 that best describes their current situation. Unless you fall into categories 1 or 2, we strongly suggest that you read through all the remaining categories prior to choosing your best fit. We also encourage all members who have never purchased or are not intending to purchase property (and therefore by implication currently residing in rented property) to also take part as this is vital information too.

We urge all members to take part so the results can be as indicative as possible.
However:

If you reside in a property (as property owners or renters) with a partner and between you and your partner you have one property or rent 1 property (and are both BRS members), it would be helpful if only 1 person of that partnership completes the survey.
We discourage any members who are Turkish Cypriots (and therefore by implication likely to have a TRNC identity card) to take part as this may not best represent ‘foreign nationals’ particularly in relation to PTP issues.
It is acknowledged that there may be certain circumstances where none of the categories are appropriate and therefore the last box of ‘other’ should be chosen. Please note that members who choose the ‘other’ box may be contacted separately by the BRS at a later date to fully understand your differing circumstances.

We would like to re-iterate that the BRS cannot (and should not) provide legal advice to its members. At present, all we can do is encourage members who believe they are being adversely affected by the new changes, to seek legal advice from qualified conveyancing practitioners. We will of course keep members fully informed of any latest developments.

The survey can be taken by clicking here

The survey will close on Monday 1 July 2024

[wanderer]

Taken off the end of the article for over 60's needing to do their residence every 5 years instead of anually


https://www.kibrispostasi.com/c35-KIBRI ... wNfCVJLz2g

"Minister Oğuz stated that their aim is to provide a more comfortable and trouble-free living environment for foreigners by solving other problems experienced by foreigners who prefer the Turkish Republic of Northern Cyprus as a safe and livable country."

[13roman58]

https://kibrisgazetesi.com/turistik-kon ... verilecek/

Another property law coming . There was some detail a few months back about registering daily short term rentals .it's already happened in turkey . Many countries now do similar to be fair . A lot of foreigners renting flats on Airbnb etc will have to get a licence and pay tax . It is what it is . The exact detail not yet available but it will happen . No doubt pressure from hotel owners especially from big hotels & Turkish owners who are running the show...

the article I read some time ago stated that all short term rentals (less than 3 months) have to register with the tourist department, failure to comply and pay rental tax and be found to be renting out will incur a fine of £7000 .

in todays paper.
The law on rentals has been passed onto parliament.
Owners /renters will have to apply online to receive a classification (3) and then pay tax on holiday rentals.
Whatch this space.

[Reyntj]

This was in kibris Haber today "This law aims to classify rental properties, ensure health and safety standards, and prevent tax losses. A classification system and registration requirement for rental properties will be introduced, with penalties for non-compliance. The law aims to create fair competition between hotels and rental properties and increase state revenues."

Not all the details yet but probably very similar to turkey .

[Hector]

We have lost what little faith we have had with the TRNC government and its Ministers following this latest property law change. As others now fear, our long-built shared title kocan villa, is worthless, along with the others on our development (including those with Cypriot owners).

Are we supposed to just walk away and abandon them before we get fined £500,000 and the government seizes the land anyway after 2 years?

If we could sell, we would do so ASAP and leave NC.

What security does any of us have now or in the future, when the NC government can, whenever it wants, pass a law taking all your property and/or residency rights away?

[wanderer]

Hector no comfort you can't sell it but they are not taking it off you as you are existing
Provisions relating to new purchasers

Purchasers intending to purchase property in North Cyprus after the introduction of the new law are now subject to the following rules:

From the date of the new legislation coming into force, non-citizens can purchase the following:

- In the case of vacant land one single plot up to a maximum area of 1338m2

- In the case of an apartment, one single apartment (or three apartments in the case of citizens of the Republic of Turkey)

- In the case of an individual house, one single house with a plot size of no more than 3300m2

Foreign purchasers cannot purchase agricultural or forestry land.

Anyone who carries out any procedure in excess of the acquisition rights set out in the law commits a criminal offence and is liable to a fine of up to 500 times the gross monthly minimum wage.

From the date of the new legislation coming into force, non-citizens are no longer able to purchase properties which have shared title deeds. However, if the property is an apartment or individual house, this can be purchased by up to three co-owners on a shared title basis.

In addition, the sale and transfer of any properties which do not have individual or storey easement title deeds (known as ‘Kat İrtifak Koçanı’ in Turkish) is no longer possible. Contracts of Sale for any such properties would be considered void.

Anyone who sells property which has shared title to a non-citizen or anyone who makes a Contract of Sale in relation to a property which does not have an individual or storey easement title deed or anyone who carries out or assists in the carrying out of the sale or transfer of a property which does not have an individual deed or storey easement deed commits a criminal offence and is liable to a fine of up to 500 times the gross monthly minimum wage.

In the case of new developments which do not already have building permits in place or in respect of which building permits have not already been applied for prior to the law coming into force, a minimum of 20% of the units must be sold to nationals of the TRNC or the Republic of Turkey and no more than half of the units can be sold to first degree foreign purchasers who are first degree relatives of each other or to foreign purchasers of the same nationality.

[Hector]

Thank you wanderer. What happens to those with a registered contract of sale for a shared title kocan detached property but have yet to be granted PTP?
What about the same circumstances but an owner is waiting to apply for PTP due to having sold their previous property but the new owner of that hasn't yet received their PTP?
Can you still be granted PTP on a shared title deed property?
You don't mention the 6-month time limit to apply for PTP upon signing a contract or the 2-year maximum time limit before the government can seize the property. How long will it take while a current development is parcelled and individual kocans are issued?

[wanderer]

no ptp after 21 may law on shared title

Read this it may answer a few questions
https://www.nmplegal.com/legal-updates/ ... 05.24.html

[Hector]

I'm pleased that I could attend a Foreign Residents (TFR) meeting yesterday when a local advocate gave a talk on the new property laws and answered questions as best she could. There was a lot of frustration, helplessness, and anger amongst the audience members of various nationalities (not aimed at the advocate but at the government). There are, as expected, more questions than answers. Issues over shared property kocan and PTP were high. The TFR, through Caroline Haughton, is doing its utmost to get the issues before ministers and was waiting for another meeting yesterday afternoon. There was a strong feeling amongst those I spoke to that, like us, they now want to be able to sell up and leave.

[Mozzy]

Sadly, even if the Government decide to amend some of these new laws, the damage has been done - why would anyone want to buy here knowing that the Government can just change laws retrospectively when they feel like it! I for one can’t wait to be able to leave and go back to UK but as it stands, apparently I can’t as I can’t market my villa!

[akvam]

From the date of the new legislation coming into force, non-citizens are no longer able to purchase properties which have shared title deeds. However, if the property is an apartment or individual house, this can be purchased by up to three co-owners on a shared title basis.

Anyone who sells property which has shared title to a non-citizen or anyone who makes a Contract of Sale in relation to a property which does not have an individual or storey easement title deed or anyone who carries out or assists in the carrying out of the sale or transfer of a property which does not have an individual deed or storey easement deed commits a criminal offence and is liable to a fine of up to 500 times the gross monthly minimum wage.

Is it possible or not? how does it fit together?

[wanderer]

From the date of the new legislation coming into force, non-citizens are no longer able to purchase properties which have shared title deeds. However, if the property is an apartment or individual house, this can be purchased by up to three co-owners on a shared title basis.

Anyone who sells property which has shared title to a non-citizen or anyone who makes a Contract of Sale in relation to a property which does not have an individual or storey easement title deed or anyone who carries out or assists in the carrying out of the sale or transfer of a property which does not have an individual deed or storey easement deed commits a criminal offence and is liable to a fine of up to 500 times the gross monthly minimum wage.

Is it possible or not? how does it fit together?

It doesn't our existing site of apartments 20 years old .All Aliens including including 1 Turkish citizen
1 The site has to be pacellised first ----At what cost? ----Geting 10 to 20 people to fund parcelisation and agree to do it
2 With the demographic the only possible buyers are T.C's and there hasn't been a T.C owner in 20 years or 2 Turkish people

To our world of unsaleable property and unpurchaceable property

[Reyntj]

There is only one winner here . The trnc lawyers. It's like they have won the lottery .

[Dalartokat]

There is only one winner here . The trnc lawyers. It's like they have won the lottery .

If that’s the case, then some of those TRNC lawyers who were around in 2004 onwards may have won the Lottery again then.

[wanderer]

There is only one winner here . The trnc lawyers. It's like they have won the lottery .

Lawers arent the winners as no shared title can be sold 500x minimum wage fine .They don't parcelise not their skill set .Oh and no sales no tax revinew make a sentance of these words for the government
Foot shoot self and missing word y---

[Reyntj]

Many many people will be applying for their title deeds and paying lawyers fees . Simples a bonanza.

[benjaminbutton]

What about those who can't apply for their title deeds because of their parcellation problem which has to be solved first. (For which in our case there is NO ANSWER (OTHER THAN no!!)

[wanderer]

Many many people will be applying for their title deeds and paying lawyers fees . Simples a bonanza.

All apartments are shared kojan/ villas shared pool shared kochan/ A lot of estate or gated villas shared kochan
Shared Kochan need to be parcellised before deeds can be obtained
After kochans are issued after parcelisation the sites arethen limited to the amount of aliens
The property market is frozen and broken as of 21 May 2024

ps those who have clear title feel insecure because of what has happened to shared title at the stroke of a government pen

[JoandJelly]

Can someone please explain the 2nd sentence to me as it seems totally contradictory?

"From the date of the new legislation coming into force, non-citizens are no longer able to purchase properties which have shared title deeds. However, if the property is an apartment or individual house, this can be purchased by up to three co-owners on a shared title basis."

[Robert157]

Why would 3 people buy a villa/apartment on a shared title deed, it won’t make it a full title deed, so all they are buying is another shared title which can’t be sold

[Hector]

I'm hearing now that the charity shops have so much second-hand furniture that they are having problems finding a place to store it. What does that tell you?

[MnM]

Well at least our stuff isn't getting in the way as it's on it's way back to the UK and with any luck will end up in Crete late this year / early next.

[Hector]

Just heard from a friend that they are shared kocan property owners but hadn't heard fully about the new property laws and hadn't grasped the serious ramifications on them. A good example of why it pays to be a member of the TFR or BRS.