Retiring in Northern Cyprus

[geetee53]

Help! We're looking at retiring to Northern Cyprus quite soon but we don't have a clue about taxation - there or in respect of the UK. We're both teachers, and will get teacher's pension plus state pension (eventually) Can anyone tell me what the situation is there? We're coming out in July to look at property.

[theresoon]

My advice: Don't buy my property.

[Veronica Kneeshaw]

And my advice is do not buy in Northern Cyprus.

If you take some time to investigate you will find there are far too many problems with Nroth Cyprus property. Yes they are cheaper but there is a very goodreason for that.
Because the developers dont buy the land they build on. They steal it from Greek Cypriots who were forced to flee their homes. Anyone buying in the North could face losing their homes and their money in the future. take a look at this article.


Foreign citizens are warned against the purchase of Greek Cypriot owned property, in the part of the Republic of Cyprus which has been under Turkish military occupation since 1974.
As a result of the Turkish invasion and subsequent occupation of 36.4% of the territory of Cyprus, 170,000 Greek Cypriots, who constituted 2/3 of the inhabitants of the occupied area, were forced to flee from their homes. According to the 1964 Land Registry Office Records, Greek Cypriots owned approximately 78% of the privately owned land in the territory now under Turkish occupation, while persons belonging to the Turkish Cypriot community owned approximately 21%.

The displaced persons are to this day prevented by the Turkish armed forces from returning to their homes and peacefully enjoying their properties. However, under Human Rights Conventions, as well as international and national law, they retain their title to their property.

Court Judgments

The European Court of Human Rights, in its Judgment of 18 December 1996, on the individual application of the Greek Cypriot displaced owner from Kyrenia, Mrs. Titina Loizidou, against Turkey, and in the Fourth Interstate Application of Cyprus against Turkey of 10 May 2001, upheld the rights of the refugees to their properties. In the Loizidou case, the Court ordered the Government of Turkey to compensate the applicant for the time period of deprivation of use of her property and to provide full access and allow peaceful enjoyment of her property in Kyrenia. The right of the displaced owners to their properties was reconfirmed in the most recent decision of the European Court of Human Rights (Dec. 2005) regarding the application of Myra Xenides- Arestis v. Turkey.

Greek Cypriot owners may also bring civil action against usurpers of their property before the competent civil Courts of the Republic of Cyprus. In its judgment of 15 November 2004 in the case of Meletios Apostolides v David and Linda Orams, the Nicosia District Court found the Defendants liable for trespass in the property of the Plaintiff, ordering them to demolish the villa and other buildings erected on the property, surrender vacant possession to the Plaintiff and pay damages. Pursuant to EC Regulation 44/2001, the judgments of the civil courts of the Republic of Cyprus can be enforced in any of the Member States of the European Union against the assets of the Defendants in that state. On 6 September 2006 a Judge of the Queen’s Bench Division of the High Court of Justice in the UK issued his judgment on the Orams’ appeal against registration and enforcement in Britain of the Cyprus judgment in favour of Mr. Apostolides.

Although on technical points the British Court avoided getting involved in enforcing the Cyprus judgment and allowed Orams's appeal, it needs to be stressed that on the substance of the case the British Court pointed out that, according to the relevant judgments of the European Court of Human Rights, the property rights of Mr. Apostolides in relation to the property in question remain in force and Mr. Apostolides remains the lawful owner of his property in Lapithos. Therefore, it accepts the finding of the Cyprus Court that the Orams are trespassers on the property of Mr. Apostolides and should be treated as trespassers. Leave to appeal against this judgment of the High Court has already been granted to Mr. Apostolides, which means that judicial proceedings in the case are still continuing, ultimately leading to the European Court of Justice in Luxembourg, which has the final say in matters of interpretation of EU law.

Under the laws of the Republic of Cyprus, the exploitation of property registered in the name of another, constitutes a criminal offence, for which a European arrest warrant, executable in any of the 25 EU countries, and an International arrest warrant could be issued.

The illegality of the secessionist entity

It is reminded that the regime in the occupied area is an illegal secessionist entity (United Nations Security Council Resolutions 541 (1983), 550 (1984) called upon all states to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and not to recognize any state in Cyprus other than the Republic of Cyprus). As stated by the European Court of Human Rights in its examination of the Fourth Interstate Application of Cyprus v Turkey (10 May 2001), "§61. .. it is evident from international practice and the condemnatory tone of the resolutions adopted by the United Nations Security Council and the Council of Europe’s Committee of Ministers that the international community does not recognise the "TRNC" as a State under international law. The Court reiterates the conclusion reached in its Loizidou judgment (merits) that the Republic of Cyprus has remained the sole legitimate government of Cyprus…"

As such, the illegal secessionist entity in the occupied area of Cyprus does not have jurisdiction to perform valid transfers of property ownership.

Caution for foreign citizens

Thus, foreign citizens interested in purchasing property in the area under Turkish military occupation are strongly advised to thoroughly examine the legal ownership status of the property concerned, through the Lands and Surveys Department of the Ministry of Interior of the Republic of Cyprus, in order to ascertain, at first, that no violation of the property rights of the legal owners will be effected through the transaction, and, second, to safeguard that the purported seller is the true owner of the property and can transfer a valid title.

Foreign visitors are further advised that, material advertising property offered for sale in the areas which are not under the effective control of the Government, found in the possession of persons coming from the areas situated north of the buffer zone to the areas under the effective control of the Government, can and may be confiscated.

Given that more than 4/5 of the property in the areas situated in the north of the buffer zone belongs to forcibly displaced owners (the term ‘owners’ includes the Republic of Cyprus), one can reasonably reach the conclusion that this advertising material relates to illegal activities, even if at the time of its discovery there is no evidence linking the object of the advertisement to specific displaced owners.

The material in question could be used as evidence in a future case against usurpers of property in the areas situated north of the buffer zone. It is also considered material that could be used in the commission of crimes, such as under Article 281 of the Penal Code – use of land registered in the name of another without the consent of the registered owner - and Article 14 of the Law on the Registration of Estate Agents – whereby, no person can exercise the profession of a real estate agent or project himself as such, unless he is duly registered and in possession of an annual license issued by the Registration Council of Real Estate Agents.

On the basis of the above, such advertising material can be confiscated, since there is reasonable suspicion that it is at the core of the illegal sale of property in the areas situated to the north of the buffer zone. After its confiscation, the said material would be transmitted to the police for evaluation and appropriate use. It is imperative that complete testimonies be taken from the persons carrying this material, since they could be potential witnesses in judicial proceedings. If there is reasonable suspicion that the person in possession of the material is actively participating in circles promoting illegal property transactions or exploitation of hotels belonging to displaced owners, an arrest warrant will be issued against him.

source: http://www.mfa.gov.cy/mfa/properties...//uk.msn.com//

[gloucester_geezer]

I spent a good many years in Cyprus, during my RAF career and have many Greek Cypriot friends and a strong feeling for the South of the island. However.... people should be aware that the property problems on the island will, in my opinion, affect both sides of the island in terms of property. There were Turkish Cypriots that fled North, and Greek Cypriots that fled South, but all that left their homes will/may have claim on the land in the future. So although people that have bought in the North do so in the knowledge that there may be land issues, those that have bought in the South of the island do not expect any problems. But what will happen to buyers in the South when a Turkish Cypriot comes knocking on the door to say it used to be his land? I just see it as 2 sides to the same coin! I am NOT taking sides at all, and please don't bombard me with replies for voicing an opinion that I feel is valid. The property issue is as likely to affect buyers in the South as much as it may in the North. Personally, I see the island as one, I see it as 'Cyprus' with Cypriots... not Greeks and Turks.

[Veronica Kneeshaw]

Turkish Cypriot property stands empty in the south.
No one is allowed to build on Turkish land. Some Turkish land is being farmed by Greek Cypriots who know that the Turkish owners may one day come to reclaim it.
Also in some villages where there are many Turkish houses Greek Cypriots are allowed to occupy them for a peppercorn rent but know again that the owneres may one day reclaim them. These houses are being kept in good habitable condition so the Turkish owners will actaully benefit from the fact that they are being lived in and not standing empty and falling down like most Turkish owned houses in the South are.
We have only heard of a very small handful of case where Greek developers tried to build on Turkish land but they were forbidden by the land registry.
If there are any cases of Turksih land being built on we have not heard of them.
I must also add that I too lived here before the split and had many Turkish Cypriot friends. It is not the Turkish Cypriots who are the problem but the Turkish government and the Turks who were brought over from Turkey to swell the Turkish population.

[Veronica Kneeshaw]

Originally Posted by geetee53

Help! We're looking at retiring to Northern Cyprus quite soon but we don't have a clue about taxation - there or in respect of the UK. We're both teachers, and will get teacher's pension plus state pension (eventually) Can anyone tell me what the situation is there? We're coming out in July to look at property.

One thing to bear in mind when deciding where to retire to is that Southern Cyprus is in the EU and your pensions can be paid directly into bank acoounts here. Also as far as tax is concerened which you were asking about, if you de-register in the UK you would pay any taxes in Cyprus not it the UK. This means that you would have £10kCyp(whatever that equates to in Euors) allowance per person before paying any tax and after that you would be taxed at 10%. So you would be paying far less tax than in the UK.

[gloucester_geezer]

Hi Veronica,

Certainly don't want to get into a slanging match with anyone over this issue... but there are good and bad stories to be told/heard regarding both sides. If the press is to believed then Larnaca airport and some of Paphos airport are built on Turkish Cypriot land. I accept that some houses may be left standing and empty, but in an area such as Paphos, which had a strong Turkish Cypriot community, then it is obvious that the properties have not been left empty, the land has been built on and it will all have to be sorted out once, if ever, and agreement is made.
As I say, I don't want to get into a tit-for-tat arguement with anyone so this will be my last input on the subject, but everyone buying/retiring etc. to Cyprus, on either side of the border, should be fully aware of the potential problems associated with buying on either side.

[theresoon]

Hi Gloucester geezer,

I don't know if you have ever purchased property in Cyprus but if so you would remember that in the Republic of Cyprus there is a Land Registry, which is actually very well run. Very busy but still well run. This was established before any problems had started in Cyprus and therefore you can know exactly what you are buying. If you try and get a mortgage the bank will do the search and let you know. I had a customer before who wanted a loan on a piece of land in Cyprus, the bank did the search and found that she owned 1/2 of this property and the other 1/2 was jointly owned by 16 members of a family that most of it's members are in prison for serious crimes. She knew about it but didn't think to tell me. Now if you were to try to buy such property the bank would tell you the problems and advise you against such purchase.

[geetee53]

Well, this is a hornets nest! I am aware of the difficulties & differences that exist in Cyprus and clearly we are trying to deal with them in the best way we can. thanks for the advice on tax and pensions.
Political situation - we are trying to look at Pre 74 Turkish title deed property only do safeguard ourselves and to ensure we don't get embroiled in a political/personal dispute. Any thoughts?

[Veronica Kneeshaw]

We also tried to buy a piece of land and our solicitor found when doing a search at the land registry that the family who were selling it only had a small share and the remainder was owned buy 5 other family members.
Anyone trying to buy property which is not legally owned by the vendor will soon find out provided they have the sense to use a solicitor.
Even if someone was foolish enough to buy such land because they do not use a solicitor they would not get planning permisssion to built on it as they would not be the legal owners.
Yes it is true that there is some turkish owned land which has been used for building roads, airports etc. But there is a govenment fund to re-imburse the Turkish owners of such land in case of a solution to the Cypriot problems.