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The Title Deeds fiasco: Ignoring it won’t make it go away

ON MANY occasions this paper has written about the Title Deeds problems in Cyprus and the need for the authorities to resolve it once and for all. Apart from some half-hearted attempts by deputies to find a compromise and the odd, vacuous announcement by the Interior Minister that the matter would be tackled, nothing has been done.

This is because there is no quick fix. To find a solution, the authorities would have to undertake an in-depth study of the effects any proposed measures would have on the banking system, the property market and, inevitably, the economy. They would then have to look at ways of minimising any potential harm on these vital sectors. It is not an easy undertaking, which is why the authorities would rather not have to deal with it, in these difficult times for the economy.

Neither developers nor banks are complaining about this do-nothing approach, as the existing legislation suits them fine. Developers can carry on using property, which they have sold, as collateral for loans that finance other projects, while banks have the adequate security needed to provide said loans.

Only the homebuyers are out on a limb; there are 100,000 waiting for Title Deeds, according to estimates by deputies, but as long as they are not complaining the government is happy to ignore the problem. Only a few British expatriates have been protesting about the situation, but nobody listens to them as they do not have voting rights.

For as long as the economy was in good shape and developers were selling holiday villas to foreigners and new apartments to Cypriots the risk of homeowners without Title Deeds being left in the lurch was minimal. The system was far from perfect, but as long as there was demand for properties and developers were making enough money to service their loans, its glaring weakness was never exposed.

But the situation has drastically changed now and this regime is much more vulnerable under the current conditions. Europe is in recession and the Cyprus economy is heading in the same direction.

Demand for property has already taken a nose-dive and sales are down, given a push by the higher interest rates, which could last well into next year. Everyone agrees that inflated property prices were due for a correction but the big question is how this will come about. Will the bubble burst and cause a collapse in prices or will the correction be a smoother process, with prices gradually falling over the next 12 months?

In the latter case, banks would probably be able to manage the situation, but in the instance of a collapse the consequences would be devastating. Inevitably, there will be developers who are unable to service their loans and go bankrupt; the banks would take ownership of buildings even though the flats would have already been paid for by the buyers living in them.

Legally speaking, the properties would belong to the banks which hold the Title Deeds and people would be living in homes which they have paid for in full, but are owned by the bank.

The only way the bank could recover its loan to a bankrupt developer, is by reselling the properties, which legally belong to it but have already been bought by someone else.

This disturbing possibility may seem remote and everyone hopes it never materialises, but the sad truth is that it cannot be ruled out, as bankers, speaking privately, admit. What would happen then? Would banks show public spirit, by taking the losses and give the buyers their Title Deeds or would they throw people out of their homes and try to re-sell them in order recoup some of their money?

It would probably depend on the scale of the possible collapse and the exposure of the banks. Would the government step in to protect home-owners and if it did, where would it find the funds to do so?

Everyone hopes that the nightmare scenario will be avoided, because its consequences would be devastating. These are the dangers posed by an irrational law which looks after the interests of banks and developers and gives honest homebuyers the status of candidate victims.

Why is the government, which boasts about its people-centred policies, doing nothing to protect people, before it is too late?

Copyright © Cyprus Mail 2008

Credit crunch hits property market

THE credit crunch is hitting the property market in the Paphos region of Cyprus. Other businesses are also being affected including restaurants and hairdressers according to a report in today’s Cyprus Mail. It seems that the only ones seeing a boom are the charity shops.


Credit crunch: Paphos feels the squeeze

Businesses and charities in Paphos are already feeling the effects of a slowing economy, as people try to curtail spending habits.

Small businesses and charities seem to be the worst affected, as consumers manage their money with ever greater care. Paphos is feeling the brunt of the problem because of its dependence on the British expat market – particularly hit by the credit crunch.

For Monica Antoniades of Capital homes in Paphos, the global financial crisis “is definitely affecting us“. Capital homes were established in the UK more than 30 years ago, and have had offices in Cyprus for the past five years.

The last three months have seen a massive reduction in the number of house purchases being completed. I would estimate we’re already down about 90 per cent compared with the same period last year,” she said.

People are still eager to buy in Cyprus, but I think they’re exercising caution, and waiting for the situation to stabilise before taking the plunge.

Antoniades added that rentals of apartments and houses were up though, “and I think this is because of people waiting to see the outcome, and also there’s an increase in younger families moving here from the UK. I think they’re coming out to Paphos and testing the ground first, before committing themselves to buying anything.

“I’m hoping things will improve,” she said. “There are still people who can’t afford to buy in the UK, and they’re moving out here. People are just taking a more sensible approach.

The property market isn’t the only sector to suffer; food and drink outlets are also experiencing a drop.

Restaurateur Yiannis Solomou owns the popular Jade Palace Chinese Restaurant in Coral Bay and Porto Bello in Kato Paphos.

He told the Cyprus Mail, “Trade is down all over the world, so of course Cyprus is being affected. When the UK is down, we’re down because we’re so dependent on this market.

“I would estimate that in the last three months, our trade is down at least 30 per cent on the previous year, and guests are tending to spend less when they go out to eat.

Solomou said repeat custom was still there, but visits were less frequent than when the financial market is buoyant.

Cyprus is too expensive for the British market, and I think we need to lower our prices.

The government must do something to help. For example, airport taxes could be lowered. I haven’t raised my prices for two years. We have to make sure we give the best to help us survive this crisis.

Beauty shops, spas, nail salons and hairdressers, are all noticing a fall in custom.

Mandy Maskell of Golden Girl hairdressers in Paphos said, “I’ve noticed a decrease in the number of people getting their hair done in the last three months. I would say it’s dropped by at least 15 per cent. Clients are still coming, but just not as regularly,” she added.

According to Maskell, it seems the group worst affected is the older generation, as they’re receiving a poor rate when they exchange sterling UK pensions for the euro.

I hope we will be able to weather the storm, and I’m lucky to have a loyal client base. I’m aiming to keep the prices low and giving good service. The important thing in situations such as this is not to be greedy,” she said.

The only ones seeing a boom in business are charity shops.

Caroline Harman-Smith, the social event organiser for the Paphos Friends hospice charity, confirmed the trend: “We’ve just had our best month ever. In October, I believe our takings were around €7,000.When you consider the nominal sale price of each item, you realise that’s a lot of sales,” she said.

The charity has two shops, one in Chlorakas in Paphos, and a further one in Pissouri.

We’ve had the shops for about two years, and takings are steadily rising. When there’s a credit crisis, people have less money to spend on clothes and household items, and many people turn to thrifty spending and recycling,” she confided.

But although shop takings may be up, Harman-Smith expressed concern over social fundraising events.

I was organising a mid-summer ball, but we had to cancel it as we didn’t sell enough tickets. People just don’t have the money to spend on these occasions at present, and charities will suffer.

“I’m having to look at cheaper ways to raise money for the hospice, as the support is there, but people are tightening their belts.

Bob Windsor, the deputy director of the Cyprus Samaritans agreed sales figures for their charity shop were healthy.

October was a good month for sales in our charity shop in Paphos, as people are watching what they spend; they will try and find alternative sources to purchase clothes. We sell shirts for as little as €1, and I think we’ll see sales figures increase over the coming months,” he said.

By Bejay Browne

Copyright © Cyprus Mail 2008

Cyprus property sector should not expect help in crisis

ECONOMISTS and even a government official yesterday scoffed at any notion of state help if the Cyprus property market sector suffers in an extended financial crisis.

Last week, the government said it was putting together a plan to combat any possible crisis. The plan, which is due to be announced shortly, will focus on the two areas of the economy that may be most affected – tourism and the property market.

However, according to one government official close to the planning, help to the property sector was likely to materialize through government housing and other construction that could boost the building industry.

The main focus will likely be on tourism,” said the official, who spoke on condition of anonymity.

Asked about the possibility of help for the property sector, the official said: “That would be so wrong in my opinion. Ask any economist.

It was an overheated sector and some cooling down was necessary with the amount of over-development that was going on.

The official said statements that the property sector would be helped in the event of a crisis “had no meaning“.

It’s more likely that plans we have for housing from the state sector will be speeded up and incentives given for this. For the private sector? No way.

Mixed messages have been circulating for months on the real state of the property sector since the international crisis began to bite.

Economist Costas Apostolides said it all depended on what figures were being used. Some statistics cite building permits, some cite cement demand and others cite sales as the indicator.

It’s a little bit confusing,” said Apostolides. “We are in a fight with statistics. Personally, I don’t believe there will be a correction.

There might be a price correction for British buyers because they were charged too much,” he added.

Apostolides cited several reasons why housing would be still in demand in most areas. These included the rate of growth of wages, immigration that would result in housing needs, and low interest rates on mortgages.

He does not expect Nicosia to suffer, nor Limassol, “which is holding its own” with the help of Russian buyers. Paphos would be affected in the holiday home market, but balancing this out, he said Pontian residents were starting to move up economically and would be buying more apartments.

Larnaca, due to its cheaper prices would also see some demand on that factor alone, but Paralimni and Ayia Napa would likely have the worst of the problems, Apostolides said.

As for state support for the property sector, he said: “They can’t support it.

He said, however, that bringing forward development projects would not necessarily mean more employment because big machinery digging a road would not require the same number of employees as house building.

I think they will open up more plots for housing for poor families,” he said.

A similar view was expressed by Pambos Papageorgiou, European University of Cyprus research executive.

They will speed up the implementation of housing projects in the public sector through the Land Development Corporation and give them to poorer people,” he said.

As for the private property sector, [the government] haven’t even thought about it. That would be beyond the pale. They are not that stupid. Capitalism in Cyprus in that respect is harsher than it is in the US.

Copyright © Cyprus Mail 2008

Cyprus 13th in Top of the Props

IN THE September 2008 Top of the Props chart published by themovechannel.com, Cyprus maintains its position at number 13.

The most popular investment destination for British overseas home buyers for a second successive month was the USA, followed by Portugal (up 4 places to number 2) and the United Arab Emirates (up 1 place to number 3).

Two new entries to the Top 10 are Bulgaria at number 7, and India at number 8.

Just a couple of years ago, Cyprus was the third most popular destination for British overseas investors behind Spain and France.

The weakness of Sterling against the Euro and the UK credit crunch are often blamed for Cyprus’ lacklustre performance in attracting British property buyers. But with Euro countries Portugal, Italy, France, Spain and Germany all performing better than Cyprus in the property charts, perhaps something else is to blame for the fall in its popularity?

Property action group releases Government report

FOLLOWING months of deafening silence from the Cyprus Government, the Cyprus Property Action Group (CPAG) has today released its report Cyprus Property Pitfalls: a time for ACTION.

CPAG also calls on those who have been scammed by the rogues and conmen in the Cyprus property industry to write to their MEPs and MP urging them to exert pressure on the Cypriot authorities to ensure their property rights.

Established in 2007, CPAG is a pressure group dedicated to creating awareness within the industry and Government of the problems buyers may face as a result of buying property in Cyprus and lobbying for change.

In the latter part of 2007, and at the request of the then Finance Minister Michalis Sarris, CPAG prepared a report. This detailed the problems faced by Cypriot and non-Cypriot property buyers together with suggestions as to how those problems could be resolved.

CPAG delivered its report to Minister Sarris on 3rd January 2008. Mr Sarris replied, “I would like to refer to your  letter dated January 2nd, 2008, and to thank you for sharing with us the Report “Cyprus Property Pitfalls”.  We found the Report very useful and we are in the process of analyzing its content and concrete suggestions.  I look forward to continuing the dialogue on this issue, shortly on the basis of the results of this analysis which we expect to complete by the end of March 2008.”

Following the 2008 elections, which resulted in Minister Sarris being replaced in office, CPAG sent their report to the Minister of the Interior, the Minister of Justice and Minister of Finance. Since that time the Cyprus Government has neither refuted the contents of the report, nor has it shown the common courtesy to respond formally.

Government pronouncements

Sunday’s report, Property buyers get one finger salute from Government, clearly demonstrates that the Government of Cyprus would rather turn a blind eye to the illegal activities of property developers and others, than take assertive action to protect the rights of property buyer.

This, in a so-called civilised country that is a member of the EU, is totally unacceptable!

In light of this revelation and the Cyprus Government’s reluctance to enter into any form of meaningful dialogue to resolve the many property problems, the Cyprus Property Action Group has decided to make their report generally available and urges all those with property issues in Cyprus to write to their MEP, MP and Prime Minister Gordon Brown.

Get your copy of the Cyprus Property Action Group’s report by clicking on: Cyprus Property Pitfalls: a time for ACTION.

Write to your MP, MEP and Gordon Brown

The Cyprus Property Action Group urges all those who:

  • do not have their Title Deeds;
  • have been exploited and coerced into paying illegal Immovable Property Tax, contract cancellation fees, etc. whilst in the Title Deed trap;
  • believe that what happens in Cyprus has no place in the EU!

to write to their Euro MP (www.europarl.org.uk for British citizens or www.europarl.europa.eu for other EU nationals).

British nationals are also urged to write to their MP and to the Prime Minister Gordon Brown. Contact details can be found on the UK Government website at www.parliament.uk

What should I write?

Your letters should urge your MP and MEP to put pressure on national Government (MP) or the EU (MEP) specifically to:

  • Exert pressure on Cyprus to adhere to the Constitution of Cyprus in protecting all buyers’ property rights.
  • That Cyprus should also follow EU and UN charters on the protection of property rights, copies of which follow this message.
  • That in the event of a developer defaulting on a mortgage that the buyers’ property rights are no longer handed to the lender bank on a plate.
  • Specifically, that the Government of Cyprus should guarantee every sales contract which has been officially lodged with the Land Registry, even in the event of a developer defaulting. (N.B. – let us not forget that they are currently standing behind the local banks with guarantees on bank deposits).
  • That the Cyprus Government should be forced into developing a strategy and timetable for transfers of all outstanding Title Deeds.

The Cyprus Property Action Group has prepared draft letters, copies of which you can request by clicking here.


International Legal texts for the

Protection of Private Property as a Human Right

The Universal Declaration on Human Rights of the United Nations General Assembly,
December 10, 1948

Article 17

Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.

The European Convention for the Protection of Human Rights and Fundamental Freedoms

Article 1 of the Protocol 1 to the Convention:

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The European Parliament Declaration of fundamental rights and freedoms.

Article 9:

The right of ownership shall be guaranteed. No one shall be deprived of their possessions except where deemed necessary in the public interest and in the cases and subject to the conditions provided for by law and subject to fair compensation.

The European Charter of Fundamental Rights (Nice)

Article 17: Right to Property.

Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions except in the public interest and in cases and under the conditions provided for by law subject to fair compensation being paid in good time for their loss.

Constitution of the Republic of Cyprus

Article 23 of the Constitution states:

1.    Every person, alone or jointly with others, has the right to acquire, own possess, enjoy or dispose of any movable or immovable property and has the right to respect for such right.

2.    No deprivation or restriction or limitation of any such right shall be made except as provided in this Article.

EU predicts slowdown in Cyprus property market

THE EU Economic Forecast autumn 2008 predicts a slowdown in the Cyprus Property market. Global growth slows sharply and with the financial crisis having escalated, economic growth in the euro area and the EU grinds almost to a standstill.

Subdued real estate activity weighs on 2009

In 2009, economic activity is foreseen to decelerate further and grow by almost 3%. GDP would continue being driven exclusively by domestic demand. Private consumption would still be robust supported by rising disposable income, which reflects sustained employment and wage growth, as well as the impact of the recent income tax reform.

Compared with the most recent past though, private consumption is projected to show signs of moderation in the face of rising household debt burden, of a severely uncertain environment and of the ongoing international financial crisis.

Housing investment will decelerate strongly and weigh on growth, largely due to a subdued demand for dwellings by non-residents. As a result, housing prices, mainly in the coastal areas, are foreseen to somehow moderate.

The projected slowdown in private consumption and deceleration in investment should put a brake on import growth.Exports of goods would grow only moderately while exports of services are expected to grow below their long-term trend, due to the adverse external conditions. The contribution of net exports to GDP growth will remain negative.

GDP growth is projected to recover mildly in 2010, on the back of a soft rebound in private consumption and investment. Imports are foreseen to follow. In line with an improving external environment and demand, exports, particularly of services, are projected also to rebound. However, the contribution of net exports to growth will improve only marginally while the current account deficit is projected to remain at about 10% of GDP.

For the EU’s full set of forecasts for Cyprus, click here