Buying a property in Turkish Republic of Northern Cyprus (TRNC)

Buying a property in TRNC can be a complicated and strenuous for those who are not familiar with the law and legal procedure. This information is based on the benefit of many years of experience in the conveyance procedure for the sale and purchase of residential and commercial property here in North Cyprus.

What type of Title does the property have?

After the division of the island, in 1974, North Cyprus has developed its own rules and regulations and a different legal system has been constituted by the Turkish Cypriots in relation to conveyances procedures. The first and foremost issue which should be clarified is the various types of title deeds that exist in the TRNC today. The various Title Deeds are as follows:

Turkish Cypriot or other foreign ownership pre-1974: these type of title deeds are considered as wholly safe

Greek Cypriot owned pre-1974: TRNC Freehold also called Esdeger or Exchange Land. This is the land that was given to Turkish Cypriots by the TRNC Government in exchange for land that they lost in the South 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

Tahsis (TMD) Deeds:  It was land originally owned by a Greek Cypriot prior to 1974. Tahsis title deeds were issued by the TRNC North Cyprus government post-1974 to a Turkish Cypriot refugee or to a Turkish mainland settler.

Leasehold – Properties owned by the TRNC Government who will grant long-term leases of 49 years

Taxes in Relation to Property Purchase

There are four main taxes involved in any property Sale/Purchase transaction, these taxes are as follows:

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 the Contract value of the property and 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.

Transfer Fee

Transfer Fees payable to the Land Registry Office just before transfer of title takes place is usually paid by the purchaser and is currently 6% of the property assessed value. However, if you are purchasing for the first time, you have the right to exercise your discount for “once in a lifetime option” which is 3% of the assessed value of the property.

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 basis of the assessed value. 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

Stamp duty which is payable to the Tax Office and is calculated on the contract value of the property. Generally Stamp Duty is payable by the Purchaser, although this can always be varied by the parties by an express clause in 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 now compulsory for the Stamp Duty to be paid at the rate of 0.5% before registration can take place.

Capital Gains Tax 

Capital Gains Tax (Stopaj) which is payable to the Tax Office 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 prior to transfer of title. It will then calculate the Capital Gains Tax based on the basis of the assessed value of the property and is currently 4%.

How can we help?

We only work with solicitors who are fluent in English and Turkish, and who are familiar with UK law, can offer independent and professional services to clients wishing to purchase immovable property and assist and facilitate secure and efficient transactions from preliminary stages to post completion.

At an initial meeting you will discuss the particulars of the property you have chosen to purchase and look at any informal agreements you have made with the vendor regarding the purchase price, payment schedule and any items included within the sale. The procedures that you will need to follow including the taxes and fees you will need to pay plus investigations on your behalf to ensure the transactions are carried out securely and efficiently will all be explained. This stage may also involve taking a power of attorney from you to ensure that action on your behalf to sign documents if you are away from Northern Cyprus for long periods of time, can be carried out.

As a result of recent legislation, your identity will be validated prior to undertaking work on your behalf. Identity required as follows:

  • Full Passport/Full Driving Licence
  • Recent Bank Statement/ Utility Bill (not more than 3 months old)
  • Please also note that further documentation might be required in compliance with the current Money Laundering Regulations. This would be explained to you.

The general principles of the Conveyancing Services are outlined below:

A land registry search will be carried out 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. All documents will be analysed and checked that the relevant building permits, construction permissions and approvals have been obtained.

In order to protect your rights and interests, a Contract of Sale will be prepared and tailored to your specific requirements identifying the particulars of sale, the completion dates, payment schedule and any fixtures and fittings, 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.

Once satisfied with the results of the search and contracts have been signed and exchanged, the Contract of Sale will be registered 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 that 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 at any one time up to a maximum area of 5 donums per household providing that the property only consists of one dwelling and the property is completed at the time of transfer (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 Permission to Purchase from the TRNC Council of Ministers before the title to the property can be registered in their name. The application for a purchase permit will be carried out on your behalf and followed up until the application is completed.

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 that these are satisfactory permission to purchase will be granted. You will be notified once your permission has been granted and necessary land registry valuation forms will then be completed. Taxes due on completion will be paid and then the transfer of the title deeds into your name will be carried out.

The obtaining of permission to purchase is a protracted procedure and can take up to one year or longer but this does not mean that you will be unable to take possession of your new property once contracts have been exchanged.

Buying Property in the TRNC – Frequently Asked Questions

I am not a citizen of the TRNC, but I want to purchase two properties in the TRNC? How can I do this?

You can sign the contract of sale for the two properties in your own name; however, you can only apply for purchase permission for and take title to one property. Therefore, you will need to find a nominee (this person should be a friend or relative or someone you know and trust) to take title to the property and hold the property on trust for you or you will need to set up a TRNC company. Please ask for more detailed advice on trusts and companies.

Can my spouse and I purchase one property each?

No. Husband and wife are counted as one household and the current property restrictions are one property per household.

How long will the purchase permission process take and what does it involve?

This process can take some time – current estimations are around 12 months. The process involves searches being taken from the Land Registry, the Immigration and the Military. Please note that in order to apply for a permission to purchase you will need to produce a Criminal Record Bureau Disclosure Report from your home country.

Do I need to wait for my purchase permission before I can move into my property?

No. Once your property is complete, you will be able to take possession of your property and move in. Once the contracts are exchanged between the parties and registered at the Land Registry you will then acquire contractual rights of the property. Registering the contract ensures that you are protected from the property being sold or transferred to a third party  and from any subsequent liens being placed on the property.

What taxes are payable on the purchase and when are these payable?

Taxes, apart from stamp duty which is payable within 21 days of the date of the Contract, are usually payable right at the end of the transaction after your purchase permit has been granted and the title deeds are being transferred into your name. However, some vendors require VAT to be paid on the sale price at the date of delivery of possession of the property.

The rates of tax are as follows:

  • Land Registry Transfer Fee – 6% (First time purchase 3%)
  • VAT – 5%
  • Stamp Duty – 0.5%