New scheme to speed building permits by 2022

WITHIN two years, the government hopes to have fully rolled out changes that would simplify the process for planning and construction permits in a bid to cut waiting times and delays that cost millions.

“We believe that this scheme affords, for the first time, a holistic and not piecemeal way to tackle the licensing problems,” Interior Minister Constantinos Petrides said.

Currently, there are 10 planning and 36 building authorities, something which the government plans to get rid of with the overhaul of local administration. There are many departments involved in the process and there is no rational way of handling applications depending on the development.

The system causes excessive delays while checks and law enforcement are not satisfactory. Petrides said the current regime encourages abuse of discretionary powers and corruption.

There were also a large number of illegal buildings, investments were lost, and there were problems in issuing title deeds.

Cyprus currently ranks 125th out of 190 countries in the World Bank’s Doing Business report, never mind the bad publicity relating to the failure to issue title deeds.

Delays in issuing permits cost some €40m annually and inadequate checks allow for shoddy work, which represents 10 per cent of the construction cost.

The basic characteristics of the new policy are the categorisation of permits into low, medium and high risk, simplification of the process of issuing planning and building permits with the involvement of private experts, changing the way consultations are carried out, reform of the supervisory framework, and changing the process of issuing final approvals.

The new policy is expected to be fully rolled out by 2022, provided that 18 other actions take place, including amendments to the law and ministerial orders.

Cyprus: buying property

PURCHASING property in Cyprus has a number of potential pitfalls. The British High Commission advises potential purchasers to exercise extreme caution when buying a property if the title deeds are not readily available, as it means your property could be at risk.

Mortgage liability

It is common practice for developers to take out mortgages on land or property. If you sign a contract with a developer and there is already a mortgage, loan or claim on the property, then you are likely to become liable for that mortgage should the builder, developer or landowner declare bankruptcy.

You should ask your lawyer to check for mortgages placed on the land through a Land Search Certificate which is obtained from the Land Registry. It should be noted that in order to obtain a Land Search Certificate one requires a relevant authorisation from the Property’s owner. If you are made aware of a mortgage before signing a contract it is unlikely that you will obtain the deeds in your name until the mortgage is paid off.

Lawyers are not required to check for mortgages automatically, although good lawyers should do this as a matter of course. In 2011 the Republic of Cyprus Government introduced a Specific Performance Law to give a contract of sale precedence over any pre-existing mortgage however we still strongly recommend that you check no mortgages have been placed on the land prior to purchase to ensure you do not run into potential difficulties at a later date.

Other issues most frequently raised by British nationals include:

  • lawyers acting for both vendors or builders therefore not independent.
  • building works taking place without the correct planning permission or building permit (eg electricity or water).
  • fluctuations in currency and interest rates affecting mortgages.
  • payment plans or fees not being included in the initial contract.
  • difficulty in obtaining certificates of final completion (deeds cannot be issued without this).
  • difficulty in obtaining title deeds.
  • difficulty in obtaining redress after problems are identified.

With all property purchases, we strongly recommend that you seek your own independent legal advice.

If you have purchased a property or land and are encountering difficulties, you should seek qualified independent legal advice on your rights and methods of redress.

The Foreign and Commonwealth Office and the British High Commission are not able to offer legal advice or become involved with disputes between private parties. However, we direct British nationals to organisations who may be able to help and we can raise systemic issues, problems which affect a number of customers, with local authorities.

You can check on the Association of International Property Professionals website to see if a company or legal advisor are members.

Legal advice

British citizens affected by property problems should take independent legal advice from local lawyers.

Complaints against lawyers

Complaints against lawyers practising in the Republic of Cyprus should be addressed to:

The Cyprus Bar Association
Florinis 11, off.101, 1st Floor,
1065, Nicosia P.O.Box. 21446,
1508, Nicosia – Cyprus

Telephone: +357 22873300 Fax: +35722873013

Email: [email protected]

Website: www.cyprusbarassociation.org

Help in the UK

We have published advice on which UK authorities to contact if you think you have been a victim of property fraud.

If you were living in the UK when you made your purchase you may wish to contact the UK European Consumer Centre. This is part of the European Consumer Centres Network (ECC-Net) that has been set up by the European Commission in co-operation with member states to help consumers with cross-border disputes. The UK European Consumer Centre gives information and advice on problems with buying across borders and can arbitrate when problems arise if they think it might help.

Address:

UK European Consumer Centre
Chartered Trading Standards Institute
1 Sylvan Court
Sylvan Way
Southfields Business Park
Basildon
Essex SS15 6TH

Telephone: +44 (0) 1268 886 690

Fax: +44(0)1268 582 225

Email address: [email protected]

Further reading on gov.uk

Cyprus: buying property. Information on laws and taxes for British nationals who want to buy property in Cyprus. (Full article)

Cyprus: lawyers. List of English-speaking lawyers for British nationals in Cyprus.

Names of 25 citizenship investors revealed

THE GREEK language daily Politis revealed the names of 25 of the 26 investors who will lose their citizenship and passports if the government succeeds in its efforts to revoke them as it stated earlier this month.

Three Russians

Oleg Deripaska, his son and daughter.

In 2018 Deripaska was put on the U.S. Treasury sanctions blacklist along with the largest companies in his portfolio for Russia’s “malign activities.” Earlier this year, he sued the United States, claiming he was made a victim of the U.S. investigation into Russia’s alleged election interference.

(In January this year the Guardian reported that Deripaska could be the missing link in the Trump-Russia investigation.)

The eight Cambodian investors

All of whom are officials and relatives of the country’s regime, which have been subject to sanctions for corruption and human rights abuses.

Im Paulika and her husband Aun Pornmoniroth, Minister of Finance.

Choeung Sopheap, better known as Yeay Phu, and her husband Lao Meng Khin, MP

Hun Kimleng and her husband Neth Savoeun, Cambodian Police Chief and their two daughters.

The five Chinese investors

Zhang Shumin, his wife and three children.

Zhang is the suspect in a fraud case involving loans on adulterated gold, which caused total losses of more than €2.4 billion in several banks in north-west China.

His brother, Zhang Qingmin, (who is also implicated in the fraud) reportedly fled to Portugal via Cyprus in May 2016.

Police shut down the Lingbao Boyuan Mining Industry refinery, established by Zhang Shumin and his brother Zhang Qingmin in 2007. It was one of the major refineries in the city of Lingbao and an official supplier of standard gold bars to the Shanghai Gold Exchange.

Police found the hidden facilities in the factory complex where the tungsten adulterated gold bars were manufactured.

The two Kenyan investors

Humphrey Kariuki Ndegwa and his wife Stelia Nasike W.

Humphrey Kariuki is wanted by the Kenyan authorities on allegations of evading taxes of more than $30 million and smuggling substandard ethanol products into the country.

When the Kentan authorities raided the Thika-based offices of Africa Spirits Limited, a company owned by the Humphrey Kariuki, they found smuggled ethanol, 312,000 litres of illicit liquor and 21 million fake Kenya Revenue Authority stamps. The factory has since been shut down.

The Malaysian investor

Jho Taek Low, popularly referred to as Jho Low.

Jho Low is possibly Malaysia’s most-wanted man. He faces criminal indictments from the United States Department of Justice for crimes in connection with the scandal-ridden 1MDB sovereign wealth fund, specifically conspiring to launder billions of dollars from the fund and bribing officials to turn a blind eye to misappropriations.

Educated at the Harrow public school for boys in London, he is also wanted by the authorities in Malaysia, Singapore.

Earlier this month the Malaysian authorities said that he still trying to buy purchase properties in Cyprus, but under another name.

The Iranian investor has not been named.

Thank you Google!

Thanks to Google, it was surprisingly easy to discover the allegations against these investors. Maybe those looking into other investors who have been granted citizenship and passports for any wrong-doing should try it!!

 

BoC to repossess non-Estia protected properties

Bank of Cyprus too repossess non-Estia protected propertiesWITH JUST 35 days to go before the time limit to apply for protection under the Estia debt relief scheme for distressed borrowers expires, the Bank of Cyprus says it will repossess properties whose owners do not apply for protection under the scheme.

According to the Bank, it has received a mere 487 Estia applications representing total of €120 million non-performing loans (NPLs); the Bank estimates it has 2,500 eligible property owners whose total debt amounts to €830 million.

Other banks have said they’ve also received a very small number of applications. This unexpected development led the government extend the time limit for applications to the end of the year.

Lawmakers consider the low number of applications is probably due to the complexity of the application process. Applicants must fill 30 pages with family income and property details and at the same time append 40 to 50 different types of documentation, which requires a great deal of time and effort.

But there are others, known as ‘strategic defaulters’; those who have the economic means to pay but refuse to do so and fall outside the scope of the Estia scheme. It is believed these strategic defaulters are wary of disclosing information about other assets or income, which might lead to capital or tax audits.

Other developments

In other developments BoC posted a profit of €116 million in first nine months 2019 and said NPLs had dropped significantly following the sale of €2.7 billion (project Helix) to currently stand at €4.1 billion. Since the peak in 2014, that bank has reduced its stock of NPLs by 73%.

The Bank plans to close a further 11 branches following the closure of 26 branches since the beginning of 2018, reducing the branch numbers by 57% since the end of the end of 2013.

In October, the Bank completed a voluntary staff exit plan through which 470 applicants were approved to leave at a total one-off cost of €79 million, reducing the number of employees by 11%. The move is expected to achieve gross annual savings of €28 million or 13% of staff costs.

Online property auctions to combat NPLs

Online property auctions to combat NPLsAN ONLINE e-auctions platform was launched by a subsidiary of the Cyprus Banks Association in an attempt to boost the sale of mortgaged properties belonging to defaulted borrowers.

The process allows banks to auction properties of defaulted borrowers without a prior foreclosure taking place, which has raised critics’ eyebrows.

The first auction on the e-platform will be conducted on 18 December, enabling Cypriots and citizens of an EU member state, or Cyprus registered companies to participate in home sales, thus eliminating the need of a physical presence at an auction procedure.

Cyprus banks are now able to sell-off foreclosed properties online after the Minister of Finance Harris Georgiades issued a decree allowing electronic auctions, earlier this month.

Online auctions were a key demand from the banks to help them reduce the large volume of real estate accumulated in their portfolios from foreclosures.

The decree foresees that bidders must submit bids higher than the one previously submitted.

Bank executives expect electronic divestments will eventually lead to more real estate sales, just as in Greece, where data shows a record increase in auctions and sales after the introduction of online auctions.

The Association of Cyprus Banks said that online auctions were a demand put forward not only by Cyprus’ banks but also from international lenders, known as the Troika.

The ACB’s Andreas Costouris told the Financial Mirror that the creation of a state-controlled online auction platform was one of the Troika demands in approving the sale of the Co-op to Hellenic in July 2018.

Ever since the government had been working to overcome any legal obstacles in issuing a decree allowing for the creation of such a platform.

He said this is seen as a measure to reduce the banking system’s exposure to NPLs while banks demanded the online platform to add another tool in their struggle to bring down toxic debt.

“An online auction platform had been introduced in Greece recently with great success. Sales of properties under foreclosure went up by 300% with banks reducing their NPE significantly,” said Costouris.

“Currently just 5% of foreclosed properties are being sold in auction procedures. If we get that percentage up to 10% that would help to relieve banks from a chunk of their NPLs,” he added.

Costouris said banks intend to put pressure on strategic defaulters rather than aiming just to foreclose properties of struggling families.

“It is another tool. Our policy will not be different than it has been until recently. We will not be seeking to kick people out of their homes for the sake of it. Nor do we want to be overloaded with properties.”

Costouris noted that borrowers have a safety net with the state scheme ESTIA which is there to bail out borrowers who have defaulted on their mortgages following difficulties they faced during the crisis years.

Unconvinced the e-auction platform will go far in helping to speed up procedures, Chairman of the Cyprus Property Owners Association, George Mouskides said the platform will face significant problems, as potential bidders will not have a clear picture of the state the property is in.

“Even if the bidding process has the approval of the borrower/owner of the property, bidders will not physically be there to inspect the property.

Hostile owners

“In cases where the owner is hostile towards the procedure, then potential buyers may be in for another problem as the current owner will not be willing to leave the premises of the property,” said Mouskides.

Cyprus International Institute of Management (CIIM) finance professor George Theocharides told the Financial Mirror that bidders will have the disadvantage of not physically being able to view the property under the hammer and will hesitate to bid high.

However, as he argued, online auctions are a step in the right direction as it will, to some extent, expedite procedures.

“Right now, the pressing matter is to lower the banking system’s exposure to non-performing loans so that banks can finally get around to carrying out their role, which is to fuel the economy and finance businesses.”

He said banks have been focusing almost solely on bringing down their NPEs for the past six years and this has to come to an end. Borrowers could also benefit as they would get rid of loans which held them back.

Independent MP Anna Theologou argues that the online auction procedures were introduced to bypass safety valves in the legal framework protecting homeowners who have fallen onto hard times.

In comments to the Financial Mirror, the MP argued that if a bank decides to enter the property of a defaulted borrower for online auction then it is no longer obliged to come to any other form of mutual understanding to prevent the borrower losing their home.

“With the introduction of the online platform, banks can basically do what they want. Once a bank decides to register a property on the platform, then the owner/borrower will have 30 days until the auction date to file an appeal in court. This is next to impossible, which means borrowers are stripped of their right to seek justice.”

Theologou argued that the platform is less than transparent as there is scope for a bank to manipulate the bidding process.

“A Bank will be able to see if a borrower has registered with the system in an attempt to buy his property, but the borrower will not be able to make sure that a bank employee is not behind a screen trying to push price upwards. So, there goes transparency out the window.”

In response, the Bank Association noted that there are limitations to who can join the procedure, which exclude employees of lending institutions from participating in the procedure.

The system will be administered by ACB E-auctions, a subsidiary of the Cyprus Banks Association. It is responsible for the maintenance, control and operation of the Electronic Auction System through which the sale of properties takes place.

Bidders may participate in electronic auctions through the website upon registration with the system. To do so, bidders need to be listed on the Civil Registry of Cyprus or with the Registrar of Companies.

A wide range of properties will be available for auction, such as private residences, commercial spaces, parking lots, storage units and industrial plots of land.

Currently, there are 18 properties up for grabs during the first pilot auction to be held on 18 December, while banks are expected to add more properties at the second auction to be held on 10 January.

The properties are displayed in the system with their main features as well as the reserve selling price. Currently, properties on offer for auction are agricultural parcels with a price tag ranging from €17,000 and €777,000.

Interested parties can visit the platform’s website at https://www.eauction-cy.com/

Instability expected in Cyprus real estate sector

Instability expected in Cyprus real estate sectorHIGH property prices in the real estate sector have begun to deflate as the 3rd quarter of 2019, paints an entirely different picture to what Cyprus has grown accustomed to over the past few years.

While the first half of 2019 recorded a 25% increase over the corresponding period of 2018, Q3 2019 saw a 35% decrease in the total value of transactions, dashing hopes for further growth next year, according to a PwC report.

PwC’s ‘Cyprus Real Estate Market – First Half in Review‘ noted: “Even though it’s too early to make any conclusions, there are indications that there may be significant instability and uncertainty in 2020”.

In comments to the Financial Mirror, PWC’s Constantinos Savvides said while Q3 results regarding the total value of sales are in sharp contrast with the first half of the year, the number of sales contracts has dropped only by 3%.

“The fact that there is such a great gap between the percentage drops in total value and the number of properties sold, is a clear indication the industry is overdependent on investors eyeing the Cyprus passport,” said Savvides.

He argued it may be too soon to conclude what the future holds, but the sharp drop in the value of properties sold in Q3 should act as a wakeup call for the construction industry.

“The industry should seize the opportunity and diversify its product. It is time for developers to start considering projects related to services, such as co-working facilities.”

The year started with a bang as the total value of real estate transactions in the first six months reached €2.5 billion, recording a 25% increase over the same period of 2018.

The residential real estate sector made up 77% of the total value of transactions in the first six months of the year, amounting to €2 billion, while land transactions amounted to €0.4 billion.

Limassol continues to attract the biggest share of transactions, with 44% of the value of transactions. Paphos, which mainly attracts foreign buyers, was second with 25%.

Meanwhile, even though Nicosia attracted 21% of transactions in the first half of the year, the value of these transactions comprised a mere 15% of the total, thus recording the lowest average value of transactions compared with Limassol and Paphos.

The data shows that there were 225 sales of luxury properties in total (residential properties ? €1.5 mln), recording a 68% increase compared with the same period last year.

Furthermore, there were 2,482 sales to foreign buyers in the first half of 2019, compared with 2,187 last year, marking an annual increase of 13%.

The increase in the value of new planning permits is also indicative of the momentum the sector has gained, having increased by 116% in the first half of 2019.

The construction of new hotels appears to have contributed to this increase.