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Acquisition of immovable property by international business companies and expatriate directors / employees

Cyprus is a popular place among foreigners for holidays, business, permanent residence and retirement and demand for the acquisition of property in Cyprus by foreigners either for holiday houses, residence or offices is high. The factors that contribute to the attractiveness of Cyprus as a place for property acquisition are mainly:

· The pleasant living conditions, the attractive climate and the high quality of life,
· The relatively low cost of living
· The sense of security
· Excellent communications and infrastructure
· The hospitality of the locals and the widely spoken English language

Limitations for acquisition of immovable property in Cyprus by foreigners

Under the existing regulations, property acquisition by aliens (i.e. any person who is not a citizen of the Republic, including an alien controlled company) is limited and currently permission is given to acquire only one of the following:

· Apartment
· House
· Building plot or land up to approximately three donums (2675 square meters)

By acquisition of real estate property we mean either transfer by registration or long - leases of more than 33 years, or the acquisition and control of shares in a company that owns real estate or the establishment of a trust or other set up for the benefit of an alien.

International business entities may also acquire premises for their business and for the residence of their foreign employees provided they maintain a fully fledged office. In certain cases, it is possible that the Council of Ministers will grant approval for the acquisition by an alien of a larger area of land, if the land is to be used for touristic development (eg Hotel or Hotel Complex), especially if the intended project is in area where the government wishes to promote tourism. A similar stand is taken for certain industrial sectors. With the imminent accession of Cyprus to the European Union the above limitations are expected to relax for European citizens.

Procedure for acquisition of immovable property

1. Application for approval

The acquisition of real estate property by aliens requires the approval of the Council of Ministers under the Immovable Property Acquisition (Aliens) Law, an authority which has now been delegated to the District Administrators. The details required for the application form are as follows:

· Personal details of applicant
· Financial standing
· Particulars of the property for acquisition
· Particulars of present owner
· Terms of payment
· Type of acquisition ( i.e. freehold, leasehold or shares in a property company)
· Copies of the land registry survey plans

The application is submitted to the District Officer for consideration and approval. The decision is granted in about 3 months but there is no restriction in taking possession of the property in the meantime. The permit for the acquisition of immovable property by an alien is granted only if:

· The house will be used only for his residence and the building plot or land does not exceed 2675 square meters.
· It is used for professional or commercial business
· It is used in manufacturing in areas where the Council of Ministers believes that it will be for the benefit of the Cyprus economy and the production of products that are related to the use pf new technologies or technical knowledge.

The permit has the following conditions and restrictions:

· The transfer to be effected within a year from the date of the permit or within three years in case of construction or a building on the property
· The costs to be paid in foreign currency
· All taxes to be paid
· The permit is given for the specific property and use only

2. Application to the Central Bank

The Central Bank will provide a certificate evidencing that the purchase consideration was paid in foreign exchange on submission of the following, so that in case of selling the house, the funds to be received to be exempted from any exchange control regulations.

· Contract of sale
· Copy of the permit for the acquisition of the property
· Certificate from the commercial bank evidencing the importation of the foreign exchange
· Registration certificate of the property

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