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Buying a Property In the TRNC
Summary of the Property Law changes on 21 May 2024 and recent updates:
27.10.2021 IMPORTANT ANNOUNCEMENT FROM THE MINISTRY OF INTERIOR DEPARTMENT OF LAND REGISTRY and CADASTRE:
In order to increase the efficiency of transactions in our Land Registry and Cadastre Office, as of 1st November 2021, an appointment system will be used for transfer and mortgage transactions.
Appointments for transfer and mortgage transactions can be made via the Ministry of Interior's official website:
https://takbis.gov.ct.tr/VATANDAS/VatandasRandevu
Those who are unable to get an appointment can get assistance by calling the numbers below:
Land Registry and Cadastre Office Appointment Information and Help Lines
Tel: (0392) 6111404
Tel: (0392) 6111375
Important Points to Be Considered by Persons Making an Appointment:
1- You must provide correct and complete information, both online and over the phone, to the relevant officer.
2- You must be present at the relevant District Land Registry on the given appointment day and time. No work will be processed outside of the date and time of the appointment.
Many people dream of a in the sun. If you want a holiday home or somewhere to live or retire to in later years. Northern Cyprus unlike many sunshine destinations remains a safe, very good value location to purchase property.
The process of choosing and purchasing a property can be both exciting and nerve racking. This guide provides an overview of what you need to consider when purchasing in North Cyprus. We debunk some of the common myths about properties on the island, cover the costs of purchase, ongoing costs, the legal processes you need to navigate, together with a few helpful hints and tips.
Where to Buy
So you have decided to buy a property, a key aspect to consider is location. When you go on holiday for a couple of weeks in summer you probably just want to relax by the pool and sample local restaurants. If you plan to live on the island, or spend several months a year here, your requirements may be different. Access to local amenities, such as shops, hospitals, cinemas etc. or areas where there are organised activities, such as dance, pottery classes, bowling or cards circles, where you can meet new people and make friends should be considered when deciding on a location. If you are planning to work, consider commuting times, cities such as Kyrenia and Nicosia have traffic problems at peak commuting times.
It’s well worth spending some time before you commence you property search to consider carefully the type of location you want to live in, as it will enable you to reduce your search to suitable areas/property types.
If you know Northern Cyrus well you may already know the area you want to live, however if you haven’t been here before, it’s worth spending some time on the island to get a feel for the place. The link below gives information on many of the villages in North Cyprus.
https://iansmithestate.com/locations.html
Other aspect to consider when buying a property:
⦁Do you want to live on a housing complex with lots of other foreigners
- Several developers are building properties in more rural locations in North Cyprus. These are popular with European Foreigners
- There are several large complexes near to Kyrenia and Famagusta these tend to be more popular with Turkish people and workers
⦁Do you want to live in a quiet area in the mountains or other rural area – if you want to live in a traditional property within a rural village there are several options with locations in the hills above Kyrenia or further afield.
⦁Do you want to live in town or close to a main town where there are facilities such as hospitals, dentists, cinemas, shops
⦁Do you want to live in an area such as Lapta or Çatalköy, which mixes expat type accommodation on small developments with local housing. These locations have the benefit of having facilities close by, but are still only a few kilometres from unspoiled countryside.
If you don’t mind driving distances, living in a rural village can be a rewarding experience, however if you want to be close to a hospital, a location closer to one of the main towns may be more suitable. Areas such as Alsancak, Lapta, Çatalköy are convenient for getting into Kyrenia and still offer properties in a rural setting.
If you are planning to live here year round consider whether a large complex with several properties used primarily for holiday homes will of be suitable when many of the facilities close down in the winter.
If you are planning to purchase for investment purposes, there are many suitable properties, depending on whether you want to let your property for short or long term rental or whether you are more interested in increase in capital value. See below for more detail.
Property Requirements
One you have decided on an area, consider what type of property you need. Your requirements may be different depending on how you will use your property, a holiday home, a retirement home, or a place to live and work.
It’s a good idea to make a list of your property requirements and decide which are essential and which are desirable. When you visit Estate Agents ensure you make clear your essential requirements so you don’t waste time viewing properties which don’t meet your needs.
Well established Estate Agents have a sheet for each of their properties with all the details listed, which you can take away or view in the office, before deciding to visit. Many smaller agents don’t provide information sheets, so be clear on your essential requirements.
Here are some suggestions to consider when thinking about your property requirements:
Budget – Decide how much you can afford/want to spend and stick to it. Property prices in North Cyprus are negotiable, however be realistic about the amount a seller will accept. Include other costs associated with purchasing a property, such as taxes which can vary from 5%-16%, See below for a more detailed breakdown.
Villa / Bungalow / Apartment – apartments are generally cheaper than villas and bungalows, however penthouse or luxury apartments may be similarly priced. If you are planning to use your property for only short periods every year, an apartment or villa with shared facilities maintained by a management company may be a practical choice, so you know the surroundings of your property will be cared for in your absence.
If you are retiring having someone maintain your surroundings may give you more time to relax. Alternatively, gardening is a rewarding and therapeutic pastime. Bungalows are popular choices for people with mobility issues.
Swimming Pool – having your own pool is many people’s dream, however consider the costs of maintenance. Small private swimming pools cost around £60/month to maintain and there may be additional costs for upkeep and repair. In Cyprus pools are usually kept in working order year round, so you pay these costs throughout the year, even when you are not using the pool. A shared pool in a small complex, may be more cost effective as the costs and upkeep are shared. Alternatively consider a property without a pool, the sea is very close and many people prefer swimming in the sea.
Garden/Landscape – Land is relatively inexpensive in Cyprus so you may want a property with plenty of land. However, options to purchase new property with large areas of land have reduced substantially in recent years, as land prices have risen significantly. As a result most new properties are built on fairly small plots. Detached houses must be at least 2 metres apart. If you want a property with a large garden you will probably need to purchase an older property, or purchase land and commission a builder to design and build you a bespoke property.
If you choose a property with a large garden consider the effort to maintain the garden. If you are purchasing a holiday home with a large garden you will need to employ a gardener year round to maintain it in your absence. If you are purchasing a property with a view to retirement, then maintaining a garden may be an enjoyable pastime.
Communal areas around apartments and villa complexes, historically communal areas around apartments have often been poorly maintained as arrangements for management of communal areas were ad hoc and many tenants failed to pay. This is changing, developers are now required to maintain communal areas in apartment complexes for 2 years after the development has completed and must then arrange a suitable maintenance option afterwards. The law now requires occupiers in an apartment to pay maintenance charges and they can now be taken to court and forced to pay. As a result professional Property Maintenance Companies are increasingly taking over maintenance of apartment blocks/complexes rather than the previous ad hoc arrangements between tenants. When viewing a property in an apartment block or complex with shared maintenance take account of the upkeep of common areas and ask about maintenance arrangements.
Sun & Shade – Cyprus is hot especially during the peak summer months of July & August, so shade is very important. Consider whether your property has shady spaces as well as sunny spaces, as unlike Northern European Countries this is important. In winter a sunny aspect will help keep your property warm and reduce heating costs.
Garage / Car Port / Off-street Parking – providing shade for your car in summer, is very useful, if the property you are considering doesn’t have a garage or a car port, is there suitable space where you could add this at a later stage. Building costs for a simple car port are low so you could easily add this facility at a later stage.
Reception Rooms – how many and what type. Many properties have open-plan (American style) living areas, these are spacious and airy in the spring/autumn, but may be expensive to heat in winter and cool in summer. If you are planning to live in Cyprus all year round, consider whether the property will be easy to heat / cool.
Number of Bedrooms & bathrooms – If you live here friends from abroad are likely to come and visit. Consider how often you are likely to have visitors and what facilities they require. New properties in Cyprus are increasingly following the modern trend to have en-suite bathrooms for most rooms. If you only want 1 or 2 bathrooms you may need to consider an older property.
Children – if you have children or family and friends with children regularly visiting you. Consider if the property is child-friendly. Child safety regulations are not a rigorous here as in Europe.
Pets – if you have pets is the accommodation suitable? Apartments may have restrictions on keeping pets.
Purchasing for Investment – Points to Consider
In Northern Cyprus there are restrictions on foreigners purchasing multiple properties, therefore, most Europeans purchasing for investment are individuals looking to make some additional income through rental of their own property or a small portfolio of properties. There are two main rental options in North Cyprus either long term rental >6months or short term holiday rental.
Some people purchase to gain from capital appreciation. The price of housing in Northern Cyprus is rising overall, however the speed of increase varies considerably dependant on the area.
If you want to purchase property for investment purposes either long term rental with asset capital appreciation then the best place to purchase is in a city such as Kyrenia or Famagusta or the villages close by.
If you plan to let your property for short term holiday rental, either throughout the year or for part of the year then you have more flexibility about location.
Most European visitors to North Cyprus are primarily looking for a ‘sun, sea & sand’ type holiday, so keep this in mind when choosing a property for short term rental investment. If you plan to purchase a property solely for use as a Short term rental property, you should select a property which is either in a large or small complex, where your customers can meet other tourists and where there is easy access to the beach and restaurants. Many tourist do not want to rent a car during their vacation as this adds considerably to their costs, so consider what public transport (primarily dolmuses) options available.
The market in the TRNC for rural retreats or boutique rentals is very limited and you are unlikely to achieve high levels of occupancy.
Many people who purchase property as a holiday home consider the option of limited short term rental for periods when they are not using the property themselves. This can provide you additional money, however there are downsides. You need to be able to store your personal belongings away from the property or lock off an area in the property for storage. You need someone reliable in Cyprus who can manage the property for you. There are many Property Management Companies in Northern Cyprus who will undertake this on your behalf, however you need to factor in their charges when considering the likely rental returns.
When calculating your possible rental income be aware that the main tourist season runs from April to October. If your property is located on a holiday complex some distance away from a major town, it is unlikely you will be able to rent your property outside the main holiday season. There is a market for ‘Winter Breaks’ in Northern Cyprus, but tourists taking this type of break generally prefer to be located close to the main towns, where facilities remain open and there are winter activities, such as Christmas events.
If you want to offer your property for rental consider purchasing in a main town, such as Kyrenia or Famagusta as there is a large rental market of foreign workers, mainly Turks, Asians and African workers who need accommodation close to their workplace. There is also a large student population in the TRNC who want to rent properties which are close to their University or in town where there are social facilities.
Some European foreigners are reluctant to rent their properties to non-Europeans as they are worried about problem tenants. Northern Cyprus housing law tends to favour the tenant over the landlord so if you have a problem tenant it may be difficult to evict them from the premises. To protect yourself again such issues it is advisable to use an Estate Agent to arrange and manage the rental, they will ensure you have an appropriate rental contract in place, will collect the rent, pay all taxes to the Tax Office (Vergi Dairesi) and can assist if a tenant doesn’t pay on time. If you decide to arrange the rental yourself make sure you have a comprehensive contract correctly signed and registered at the tax office.
It is common practise here for an agent to take one month’s deposit for arranging the rental then the tenant pays 2 months rental in advance. Some people ask students to pay 1 year in advance to ensure there are no issues with rental payment.
If you want to offer long term rental (i.e.>6months) to other Europeans you have more flexibility over the location of the property. Again it is essential you have a written contract signed by both parties and registered at the tax office and the tax required paid. Tax on rental income is 10%
Costs of Purchasing a Property
In North Cyprus the costs of buying vary depending on the type of property you purchase. If you purchase a new property you will need to pay taxes/Connection fees which are not applicable if you purchase a ‘second hand’ property where the previous owner will have already paid these costs.
When considering the cost of Purchasing a Property there are 3 main types :
⦁ A “resale” or second hand property purchased from a private vendor. The title deed is in the individuals’ name and the VAT is paid.
⦁ A “resale” or second hand property purchased from a private vendor, where the vendor has not taken the title deed into their name. This may be because the title deed is either pending or still in the developer’s name. In this case, VAT will usually be payable by the buyer, even if the seller has already paid it once before. This type of purchase is generally considered by the government as a “professional sale”.
⦁ A new build key-ready or under construction property being purchased from the developer. VAT at 5% is ALWAYS payable to the tax office on all new property, but not until you take possession.
If you purchase a ‘second hand / pre-owned’ Property you should budget approx. 5% for purchase costs in addition to the price of the property. If you purchase a property where the vendor has not taken the title deed or a brand new property the additional costs may be up to 16% of the property value.
The table below shows indicative costs for each of the main property types. Ensure you factor these into your budget calculation.
Note: the Transfer of Title charge is not payable until your permission to purchase has been confirmed which can be up to 12 months after you have signed the Contract of Sale
Depending on whether you are a cash buyer or whether you are purchasing the property with a mortgage, there may be extra costs associated with taking out a bank mortgage which are NOT covered in this chart.
Ongoing Costs
The table below, provides a rough guide to some typical ongoing costs associated with living in Northern Cyprus. Costs are generally substantially lower than other Northern European countries.
Loans & Mortgages
So how does a foreign buyer or investor purchase a property if they do not have all the funds available? There are three main options:
⦁ Re-mortgage your home in your home country to release capital and use that to purchase in North Cyprus. Interest rates are lower in many European countries, so this can be a good option.
⦁ Take advantage of one of the non-status “developer payment plans”. The buyer borrows from the company who builds the property and pays it back over a period of up to 12 years. Each developer has a different interest rate, minimum deposit percentage and time period for full payment, so bear this in mind when choosing property.
⦁Take advantage of the mortgage options available from TRNC banks to assist you to purchase. If you are purchasing a new property. Many Turkish Cypriot and Turkish Banks are now offering mortgages to Foreigners who wish to purchase on the island. Generally they require that 50% of the property value has been paid. You will need to demonstrate that you have sufficient monthly income to meet the repayments which are usually arranged over a 5-10 year term.
The Buying Process - how long does it take?
Property Sales can be completed rapidly. Do not expect the lengthy 2 stage (exchange & completion) process which takes place in the UK. Property purchase is a single stage process. Once you sign the contract the money is released to the seller on the same day. If you are a cash buyer buying a second hand property takes only two or three weeks.
Many overseas buyers purchase brand new properties, in this scenario the time to complete the sale is determined by whether the property is purchased ‘off plan’ in which case you will need to wait until you property is built before completing the purchase or whether you are buying a new build property which is finished and read to occupy immediately. Many new builds now have 5 year structural warranties which mean a property survey is not normally carried out.
A cash sale or purchase where the developer is paid stage payments, are quick to arrange. Once the money has been transferred (either the full sale price or agreed deposit) and the contract signed and registered at the land registry, the keys can be handed over. Sales involving bank mortgages take a little longer to complete. Banks now offer 50% mortgages to overseas buyers, provided you can demonstrate you are able to make the required repayments. Mortgage terms are usually between 5 – 10 years.
Not all properties are eligible for bank mortgages for overseas buyers. North Cyprus properties with individual title deed (ready to transfer) are however, generally suitable. Banks do not normally permit mortgages for properties with shared title deeds. Shared title deed properties were previously quite common, but now most new properties (including apartments) have individual title deeds. If you purchase an older second hand property it is important to check which type of title deed the property has, as if the title deeds are shared you may find it is more difficult to sell your property in the future, as it can only be purchased by a cash buyer.
Brand new properties which are awaiting their deeds, or older properties which have an interim shared deed, are not bank mortgageable, even though they are still very good investments.
Risk Associated with Buying Property
In the past purchasing a property could be a risky business, however there have been substantial legal changes to the Construction Business regulations, which mean the TRNC is now a safe place to purchase. The new “Estate Agents Bill” protects the buyer and insists upon the rapid registration, within 21 days of the contract of sale with the land registry of North Cyprus soon after signing.
Buying Off-Plan
Historically foreigners purchasing a property in Northern Cyprus were often targeted with a range of purchasing scams. As most foreigners do not speak Turkish it was difficult for people to understand the requirements and rules. As a result of past issues property building rules have been strengthened and it is now much more difficult for a builder/developer/property agent to sell fake property or re-sell property to multiple people.
Construction Companies must demonstrate that they have the funds to complete the build before construction starts and building plans are reviewed more closely and requirements to include appropriate facilities such as parking places, access etc. are enforced.
Provided you purchase through a reliable builder and employ an independent (not the builder’s) then there is no longer a risk purchasing from plan. We recommend that you keep a check on the progress of your property either through the selling agent or friends if you are outside the country. Also ask your solicitor to include penalty clauses if the build does not complete on time, if the builder has not included them in their standard contract.
Title Deeds
After the division of the island, in 1974, North Cyprus developed its own rules and regulations and a different legal system has been constituted by the Turkish Cypriots in relation to the conveyancing procedure. In North Cyprus there are several different deed types which are as follow:
⦁ Turkish Cypriot or other foreign ownership pre- 1974: these type of title deeds are considered as wholly safe. Pre-74 Turkish or British/Foreign Ownership Deed properties are built on land which was owned prior to 1974 by Turkish Cypriots or British Nationals and the rights to the title deeds pre-date the separation of the island in 1974. There can be no claim or property loss from properties built on this land. Many people still consider “Pre 74 Turkish Title” to be the gold standard and property with this type of Title does command a small price premium.
⦁ Greek Cypriot owned pre 1974: TRNC Freehold also called Esdeger or Exchange Land. This is land that was given to Turkish Cypriots by the TRNC Government in exchange for land that they lost on the south side when the island was divided. Based on 1983 TRNC Constitution, all the deeds are rectified and named as TRNC deeds and are freely transferable to foreigners
⦁ Grant Title Deeds: TRNC TMD Land is land that was given to mainland Turks as a reward for their military services.
⦁ Leasehold – Properties owned by the TRNC Government who will grant long-term leases of 49 years. Properties within Karaman (Karmi) are leasehold, as these properties were formally Greek owned and in the event of reunification these properties could be returned to their forme owners. If you purchase a property in Karaman, the purchase price paid is to cover transfer of the lease into your name.
Many people believe due to the division of the island in 1974 that if the island was reunited a pre-existing deed may appear to supplant your TRNC title deed. This is a mis-conception and properties built on Pre-74 and Exchange Title Deed Land in North Cyprus are safe.
The name “TRNC Title Deed” is given to the deeds issued for new properties which have been built since 1974 on land which was not developed prior to the island’s division. These deeds are underwritten by the North Cyprus government.
The issue of compensation for ‘lost’ land by former Greek Cypriot landowners and former Turkish Cypriot landowners is a key element within the unification negotiations. However, it is very unlikely that any solution agreed would take the form of individual current landowners paying compensation.
The Immovable Property Commission (http://www.tamk.gov.ct.tr/) was set up in under the Immovable Property Law (No 67/2005) in accordance with the rulings of the European Court of Human Rights. The purpose of this body is to establish an effective domestic remedy for claims relating to abandoned properties in Northern Cyprus. This body has been operating since 2006, and it was formally acknowledged and endorsed by the European Court of Human rights in 2010.
The Immovable Property Commission examines claims for restitution, compensation and exchange according to the provision of the law no 67/2005. Its decision are based on the principle of bi-zonality and bi-communality which have been previously agreed as the basis for any reunification agreement.
As of 20th August 2020 6,694 applications have been lodged with the Commission and 1,213 have been concluded through friendly settlements and 33 through formal hearing. Over £312 million has been paid out in compensation, in only 5 cases has the Commission ruled that restitution should be enacted.
Note: Foreigners will not be granted a Permission to Purchase if the property is situation on land that is close to a military facility. Your Estate Agent should avoid showing you property located on this type of land. If you ask to see a copy of the Title Deeds the type of title deeds will be clear.
Checks Prior to Purchase
When you find a property that you are interested in purchasing, it is a good idea to ask the vendor the following questions:
⦁ Make a physical inspection of the property – make a note of any issue you observe and ask about whether these will be rectified before the purchase is completed
⦁ Check location, access, boundaries – ask the vendor to show you clearly the boundaries of the property and ask if there are any issues. Also ask about access arrangements for the property if this is not straightforward
⦁ Ask for a copy of the title deed
⦁ Check the sheet plan, plot references and the site plan, associated with the title deed
⦁ Look at the site plan and ascertain from it its shape and boundaries – does this align with the information you have been given.
⦁ Ask whether the vendor checked the plans following the review of boundaries that was undertaken in 2019 and ask whether the new boundaries align with the kocan plans.
⦁ Ask whether construction permissions have been obtained (from State Planning Office) – especially if the property has been extended or significantly altered
⦁ Ask about provision of services and whether there are any issues
⦁ Ask about whether the property has a sceptic tank or if not what the arrangements are regarding sewage
⦁ If the property has a well, ask whether if it usable and whether the water quality has been tested recently
⦁ If your developer has agree to extras within the purchase price, make a list of these and confirm that they are included so it is clear what is included within the sale price.
When you meet with your conveyancing solicitor, make sure your solicitor is aware of any issues or concerns and ask them to check any potential issues. If your solicitor is aware upfront of any potential issues they can check these first before progressing the contract or make sure remedies are specifically listed in the Contract of Sale. Advise you solicitor any extras which you have agreed within the sale price so these can be specifically listed in the Sales Contract.
Conveyancing Process with a Solicitor
Typically you would arrange an initial meeting where your solicitor will obtain the particulars of the property you wish to purchase and look at any informal agreements you have made with the vendor regarding the purchase price, payment schedule and any items included in the sale.
They should explain the procedure you will need to follow including the taxes and fees. They will carry out the preliminary investigations on your behalf to ensure the transactions are carried out securely and efficiently.
Solicitors will normally provide a document outlining the legal services they will undertake on your behalf. You will generally be asked to sign an agreement for them to act on your behalf and be requested to pay part of the conveyancing costs upfront. If you are not going to remain in the TRNC they may take a power of attorney from you to ensure that they can act and sign documents on your behalf if you are not available to be there in person.
Services provided by a conveyancing solicitor:
⦁ Your lawyer should undertake a land registry search at the relevant Land Registry Office in order to confirm that the seller is the registered freehold owner of the immovable property, that the property is free from any liens, charges or encumbrances. They will check the documents to ensure the relevant building permits, construction permissions and approvals have been obtained.
⦁ Your lawyer will prepare a Contract of Sale or review the draft Contract of Sale provided by the Vendor and tailor it to your specific requirements identifying the particulars of sale, the completion dates, responsibilities of both parties and default penalties and compensation clauses. The contract will be given to you and the vendor for review and if both parties are satisfied with the contents the contract will be signed.
⦁ If the results of the search are satisfactory and the Contact of Sale is signed by both parties they will register the Contract of Sale at the District Land Registry office. It is compulsory for the registration of all contracts of sale for the purchase of immovable property at the District Land Registry office within 21 days of the contract being signed and for the stamp duty to be paid at the rate of 0.5% of the property value before registration can take place. Registering the contract ensures you are protected from the property being sold or transferred to a third party and from any subsequent liens being placed on the property.
⦁ Under the laws of the TRNC, non-TRNC Citizens are entitled to take title to only one property up to a maximum area of 5 donums per household providing that the property only consists of one dwelling (unless you form a company or constitute a trust with a local person). The Immovable Property Acquisition and Long term Lease (Aliens) Law (52-2008) of Turkish Republic Northern Cyprus (TRNC) requires that every non-TRNC citizen has to obtain Permissıon to Purchase from the TRNC Council of Ministers before the title to the property can be registered in their name. Your lawyer should make the applicatıon for a purchase permit on your behalf. Note: Currently the law permits a husband and wife to own one property each.
⦁ Permission to Purchase (PTP) - The Council of Ministers will carry out relevant searches these include land searches, military searches and immigration authorities searches. The Council of Ministers will also need to be satisfied that you are of good character and have no criminal records. Provided these are satisfactory permission to purchase wıll be granted. Your lawyer will notify you once your permission has been granted and complete the necessary land registry valuation forms. The taxes due on completion must be paid and your lawyer will then instigate the transfer of the title deeds into your name.
The four main taxes involved in any property sale and purchase transaction are:
⦁ Capital gains tax
⦁ V.A.T.
⦁ Transfer fee
⦁ Stamp duty
Capital Gains Tax (Stopaj) which is payable to the Tax Office and is generally payable by the Vendor although this can always be varied by the parties by an express clause in the Contract of Sale.
The Tax Office requires a copy of the Contract of Sale to be presented to it prior to transfer of title. It will then calculate the Capital Gains Tax based on either the Assessed Value or the Contract value of the property, whichever is the highest and is currently 4%.
V.A.T. - The Tax Office requires a copy of the Contract of Sale to be presented prior to transfer of title. It will then calculate the VAT based on either the Assessed Value or the Contract value, whichever is the highest. V.A.T is currently 5%.
The payment of VAT depends on whether or not the transaction is subject to VAT.
This depends on whether the Vendor (the person who has title to the property not simply contractual ownership or possession of the property) is deemed by the Tax Office to be a ‘Professional Vendor’ (i.e. whether the transaction is of a commercial nature or for profit). If the Vendor is deemed to be a Professional Vendor, the transaction will be subject to VAT.
If the Vendor is a private individual, not a Professional Vendor, the transaction will not be subject to VAT. If the transaction is subject to VAT, the purchaser normally pays the VAT dependant on the terms of the Contract of Sale.
Transfer Fee - is payable to Land Registry Office just before transfer of title and is usually paid by the purchaser and is currently 6% of the property assessed value or the contract price whichever is the highest. There is a one-time exemption to pay 3% when you first purchase a property in the TRNC.
The Land Registry will view the Contract of Sale before transfer of title to assess the value of the property and will calculate the Transfer Fee on the higher of either the assessed value or the Contract price. The Transfer fee is generally payable by the Purchaser, although this can always be varied by the parties by an express clause in the Contract of Sale.
Stamp Duty - is payable to the Tax Office and is calculated on the contract value of the property. Generally Stamp Duty is payable by the Purchaser, dependant on the terms of the Contract of Sale.
All Contracts of Sale must be registered at the District Lands Office within 21 days of being signed and it is compulsory for the Stamp Duty(0.5%) to be paid before registration can take place.
All foreigners in order to obtain the Title Deeds for a property, must apply for Permission to Purchase. This process commences after you have signed the Contract of Sale. It is a straightforward process and is normally undertaken by your solicitor on your behalf. It may take several months before Permission to Purchase is issued, however, provided you pass a police check in your country of origin there is no reason to believe Permission to Purchase will not be granted.
Concerns that PTP may not be issued, are generally unfounded, provided you are buying a new home from a reputable developer with a track record of delivering deeds and the property legalities have been checked by a reputable lawyer. Foreigners are only allowed to hold one title deed per person, so if you want to purchase more than one property, and you are a couple you should put one property in one person’s name and the second property in the other person’s name.
There are rare cases where there are injunctions or blocks on the granting of the title deed to the buyer. This can sometimes occur when the deed is shared with another property. Make sure your solicitor checks that a valid title deed exists before you make an offer on a property, or before reservation deposit monies are released to the seller.
Permission to Purchase
Documents which need to be provided to apply for Permission to Purchase
In order to apply for Permission to Purchase the following documents need to be prepared
⦁ Letter addressed to Interior Ministry, including share of property (if applicable) - Flat, Home Purchases or Land Purchases
http://icisleri.gov.ct.tr/Portals/32/EK_1%20%28%20ANNEX%201%29.pdf - flat
http://icisleri.gov.ct.tr/Portals/32/EK_2%20%28%20ANNEX%202%29.pdf – private house
http://icisleri.gov.ct.tr/Portals/7/EK_3_%20%28%20ANNEX%203%29%20%281%29.pdf - land
⦁ Application form
http://icisleri.gov.ct.tr/Portals/32/EK_%204%28%20ANNEX%204%29.pdf – application form (in Turkish)
http://icisleri.gov.ct.tr/Portals/32/EK_5%20%28ANNEX%205%29.pdf – application form (in English)
⦁ Copy of Passport
⦁ Copy of Title Deed
⦁ Map of the property and land
⦁ Sale contract (If available)
⦁ Police report from your country (Original not copy)
⦁ If the application is being made by someone on your behalf - 45.00 TL stamps
See full list in Turkish and English here