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The Immovable Property Commission

Following the ruling on the case of Demopoulos vs.Turkey and 7 other cases the European Court of Human Rights on 5 March 2010, the Court upheld that the Immovable Property Commission in North Cyprus was an accessible and effective local remedy for all persons seeking redress and therefore an appropriate forum for deciding on complex matters of property ownership and valuation and assessing financial compensation.

The Commission was set up under the Immovable Property Law (number 67/2005) in accordance with the rulings of the European Court of Human Rights in the case of Xenides-Arestis v. Turkey. The purpose of the Commission is to establish an effective domestic remedy for claims relating to abandoned properties in Northern Cyprus after the troubles in 1974. The Commission officially began its activities on 17 March 2006.

Hearing and making a decision

All natural or legal persons claiming rights to movable and immovable properties may bring a claim by way of an application in person or through a legal representative, to the Immovable Property Commission requesting restitution, exchange or compensation for such property.

The Commission, after having heard the arguments of the parties and having examined the documents submitted shall decide as to
? restitution of the immovable property to the person whose right in respect to the property has been established, or
? to offer exchange of the property to the said person, or
? decide as to payment of compensation, or
? where the applicant claims compensation for loss of use and/or non-pecuniary damages in addition to restitution, exchange or compensation in return for immovable property.

To date there has been 459 applications lodged before the Commission, 95 have been concluded through friendly settlement and four cases through formal hearings. The Commission has awarded exchange and compenstion in two cases, restitution in one case and restitution and compensation in five cases. The Commission has paid GBP 40,191,100 to the applicants as compensation.

The Commission has resulted in thousands of people enjoying a fair, fast and cost effective local remedy to their property dispute rather than making applications direct to the European Court of Human Rights which can be very time consuming and expensive.

Right of Appeal

Parties who are not satisfied with the decision of the Commission have the right to apply to the High Administrative Court . If the applicant is not satisfied with the judgment of the High Administrative Court, he may then lodge an application before the European Court of Human Rights but this can be a rather long and expensive process and the Court may uphold the decision of the Commission.

Application procedure

In proceedings bought before the Commissions the burden of proof rests with the applicant who must satisfy the Commission beyond any reasonable doubt as to their rights to the property in order for a decision to be taken in his favour.

Making an application to the Commission can be a complicated matter requiring professional assistance and guidance. To obtain fast and effective remedies to your property disputes it is recommended to use the services of a legal representative based in Northern Cyprus.

The Law Firms we work with gained many years of experience in making applications to the Commission, settling property disputes and representing parties at the High Administrative Court.

We have assisted thousands of people to achieve a fair, fast and cost effective local remedy to their property dispute.

For further advice please contact us at: ipc@cyprus-northern-property.com

Frequently Asked Questions

The Immovable Property Commission Following the ruling on the case of Demopoulos vs.Turkey and 7 other cases the European Court of Human Rights on 5 March 2010, the Court upheld that the Immovable Property Commission in North Cyprus was an accessible and effective local remedy for all persons seeking redress and therefore an appropriate forum for deciding on complex matters of property ownership and valuation and assessing financial compensation.

Is acquiring property issues unrestricted in the regime that will be established after the acceptation of the Annan Plan? If not, what are the restrictions? Those who have resided for 3 years can acquire property freely.

Actual Procedure For Land and Property Purchase The actual procedure of property or land purchase would entail the following procedure:

Passports and Visas in Northern Cyprus A valid passport is necessary for entering and a visa is granted on entrance to Northern Cyprus.

Language in Northern Cyprus The official language in Northern Cyprus is Turkish.

Money and Banking in Northern Cyprus HSBC has a full service presence here.

Value Added Tax in Northern Cyprus Applied VAT rates are: 0%, 3%, 5%, 10%, 15% and 20%.

Postal Services in Northern Cyprus Incoming mail must be suffixed ?Mersin-10, Turkey?.

Leasehold Title Deed There is also the method of leasing land or property from the Government.

Law regulating the Acquisition of Immovable Property in the TRNC by Aliens Law regulating the Acquisition of Immovable Property in the TRNC by Aliens (Cap 109)

Some important points aliens should pay attention to when buying immovable property in the TRNC The most important point to be paid attention on this subject is that the alien himself or a lawyer he will appoint collects information from the relevant District Land Office about the land to be bought.

What is to be understood from the "1 donoum" limitation for aliens? When we look at Cap 109 which is the law regulating the acquisition of immovable property by aliens in the TRNC, we can see that this is possible only under certain circumstances.

The legal procedure aliens should follow when buying property from the TRNC For aliens to acquire immovable property in TRNC and becoming ?the owner? on the title deed of the immovable property, it is necessary that some documents (title deed, site plan taken from the authorized office etc), some forms consisting of personal details of the alien are submitted to the Ministry of Internal Affairs and an application in person or via a lawyer is made to the same office.

How are the rights of Aliens reserved until the transfer of the title deed? If the necessary permits from the authorized offices are not ready by the time the title deed is to be transferred, the Alien person and/or Company may have to take some measures to reserve his/its rights because in such a case, although the Alien has paid all the amount due, the title deed of the immovable property is still under the name of the previous owner.

What is the amount of VAT aliens are liable to pay when acquiring immovable property? Upon obtaining the legal permits for the acquired immovable property from the Ministry of Internal Affairs, Police and Security Investigation and lastly from the Board of Ministers, its time for the transfer of the title deed of the immovable property to the name of the alien at the relevant District Land Office.

Is it possible for aliens to establish a company and buy immovable property as a company? Limited or joint stock Companies established in foreign countries can be registered as a Foreign (or Overseas) Company to establish an office (or branch) in the TRNC, provided that the consent from the Ministry of Economy and a permit from the Board of Ministers is obtained.

Is it possible for aliens to have shares in Turkish Companies? For a company to be considered a Local Company, 51% of its shares must belong to a TRNC subject.

Regulation on the residence permits in TRNC for aliens. It is possible for an alien who has bought immovable property in the TRNC to obtain a residence permit.

About the Annan Plan. The Annan Plan, which was prepared by United Nations General Secretary Kofi Annan and which until very recently lit the way for the Cyprus problem is for now shelved as a result of a referendum to which Turks said ?yes? and Greeks said ?no?.

How would the Cyprus Republic structure according to the Annan Plan? According to the Annan Plan, Cyprus is a sovereign state with a non-annullable partnership structure that consist of one Common state and two constituent states; one being Greek Cypriot and the other Turkish Cypriot.

The definition of equality according to the Annan Plan. According to the Annan Plan, the Turkish, Greek and the Common States are of equal status.

According to the Annan Plan, how many Greek Cypriots shall be able to come into the TRNC? In the event that the number of residents who came from the other constituent state reach 8% of the population of a village or town between the 5th and the 9th years and 18% between the 10th and 15th years, in line with the law qualified as the Constitution, the State can limit the residence of persons who do not have the internal citizenship statue.

Will the economic embargoes and sports embargoes removed with the Annan Plan? With the coming into effect of the Foundation Agreement, it is ensured that both the economic and the sports embargoes are removed.

What will happen to immovable property acquired through equivalent property and then sold to third persons? These persons, just like those who have equivalents, shall be treated as though they themselves had left property in the South.

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