The Immovable Property (Occupation, Registration and Valuation) Law (CHAP.224)

Preamble
WHEREAS, by its Decision, No. 82.881 dated 20.6.2017, the Council of Ministers decided to authorize the Minister of Finance to promote the transfer of the responsibilities of the Land Reform Service to the structures of the Department of Cadastre and Surveying, as a separate and specialized Sector.

AND WHEREAS the Council of Ministers, by its same decision, decided to authorize the Minister of Interior to promote the necessary amendments to the relevant legislation, so that all powers and responsibilities granted to the Director of the Land Acquisition Service and which derive from it are transferred to the Director of the Department of Cadastre and Surveying,

The House of Representatives votes as follows:

Short title

This Law shall be cited as the Immovable Property (Occupation, Registration and Valuation) Law.

CHAPTER 224
PART I INTRODUCTORY PROVISIONS
Interpretation

In this Law-

“licensed credit institution” has the meaning assigned to this term by article 2 of the Credit Institutions Business Law .

“immovable property” includes-

(a) land;

(b) buildings and other structures, constructions or appendages that are firmly attached to any land or to any building or other structure or structure;

(d) springs, wells, water and water rights whether held together with any land or independently of it;

(e) privileges, liberties, easements and any other rights and advantages belonging or deemed to belong to any land or any building or other structure or structure

(f) indivisible ideal share of ownership set out above;

(g) land created after the sea has been filled in;

(h) only for the purposes of registering immovable property under this Law or for the purposes of the provisions of Part IV of this Law or for the purposes of the Transfer and Mortgage of Immovable Property Law, a marine area, which is declared-

(i) as a marina under the provisions of the Marina Regulation Law, or

(ii) as a berthing and servicing area for pleasure boats under the provisions of the Pleasure Boat Berthing Areas Management Law,

which is to be filled in to create land, as this area appears in a cadastral plan prepared by the Director;

“restructuring” has the meaning assigned to this term by article 2 of the Cadastral and Survey Department (Fees and Rights) Law .

“value”, in relation to real property, means the amount which the real property could be expected to yield if sold in the open market by a willing seller to a willing buyer;

“general assessment value” in relation to immovable property means the amount resulting from the carrying out of a general assessment or reassessment or revision of a general assessment, which is as close as possible to the value;

“public road” means any road, square, footpath, open space or area over which the public has a right of way and includes any land allocated by, or with the consent of, the competent authority as a public road;

“Director” means the Director of the Department of Lands and Surveys and includes any officer appointed by the Director for all or any of the purposes of this Law whether generally or for any specific purpose;

“the Court”, in relation to any matter concerning immovable property, means the Provincial Court of the province in which such property is situated;

“registered”, together with the grammatical variations and cognate expressions of this term, means registered in the Land Registry maintained under the provisions of this Law, whether it is computerized or handwritten, and the date of registration is considered to be the date on which the entry precedes in time in either of the two Registers;

“Provincial Land Office”, for matters relating to immovable property, means the Provincial Land Office of the Province in which the immovable property is situated or any other office or place which the Director may, by notice in the Official Gazette of the Republic, designate for all or some of the provisions of this Law and may include any branch of a Provincial Land Office operating in such province:

It is understood that only such acts as may be authorized by the Director from time to time are carried out in an annex.

“credit acquisition company” has the meaning assigned to this term by article 2 of the Purchase and Sale of Credit Facilities and Related Matters Law .

“hostile possession”, together with grammatical variations and cognates of this term, means possession by a person not entitled to it, where the express or implied consent or permission of the person so entitled to such possession has not been given or obtained;

“religious organization” includes a religious establishment or religious institution of any denomination as well as any throne, church, chapel, monastery, mosque, tekke, place of worship or synagogue;

“Guardian” has the meaning assigned to that term in section 2 of the Turkish Cypriot Property (Administration and Other Matters) (Temporary Provisions) Law of 1991;

“Land Registry” means the Registry maintained under the provisions of section 51 of this Law and includes a computerized Registry;

“government settlement” has the meaning assigned to this term by the Provision of Housing Assistance to Displaced Persons, Sick Persons and Other Persons Law.

“owner” means the person entitled to be registered as the owner of any immovable property whether so registered or not;

“credit institution” has the meaning assigned to this term by the Credit Institutions Business Law, as amended or replaced from time to time;

“transaction”, together with the grammatical variations and cognate expressions of this term, in relation to immovable property, means the voluntary transfer or mortgage of immovable property and any other voluntary encumbrance or act affecting immovable property which is required to be carried out in a District Land Office by any law for the time being in force;

“self-housing settlement” means the area in which the Republic has proceeded to the separation of plots of land for the purposes of housing beneficiaries of housing assistance based on the Provision of Housing Assistance to Displaced Persons, Sick Persons and Other Persons Law.

“registration fee” means the fee payable in connection with the registration of title to immovable property under any law for the time being in force.

CHAPTER 224150(I)/200727(I)/2010155(I)/2013110(I)/201467(I)/2016138(I)/2017131(I)/2022
Abolition of categories of real estate property under Ottoman Laws
3.-(1) The categories of immovable property hitherto known under the Ottoman Land Code as “Mulk”, “Arazı Memlukê”, “Arazı Miriye”, “Arazı Metrukê”, or “Arazı Mevat” are hereby abolished and henceforth all immovable property shall be subject to ownership, possession and usufruct in accordance with the provisions of this Law or any other law in force from time to time and in accordance with these provisions.

(2) Any immovable property hitherto known as “Mulk” or “Arazy Memluqa” and which is owned by a private individual as such on the date of the coming into force of this Law shall continue to be owned, occupied and enjoyed as private property.

(3) Any immovable property known as “Arazy Mirie” and which is held by a private individual as such on the date of entry into force of this Law shall be owned, occupied and enjoyed as private property.

(4) Any immovable property which on the date of entry into force of this Law is held, managed and enjoyed as Waqf property in accordance with the provisions of the Cyprus Evkaf (Management of Mohammedan Religious Property) Decree and Law of 1928 and 1934, shall continue to be held, managed and enjoyed in such manner as if this Law had not been enacted, subject only to the provisions of articles 36, 37 and 38 of this Law.

(5) Any immovable property hitherto known as “Metruke Land” which is legally occupied or usurped communally by a city, village or parish on the date of entry into force of this Law shall continue to be occupied or usurped as communal property of that city, village or parish.

(6) Any immovable property heretofore known as “Arazi Mewat” and any immovable property other than that specified in subsections (2) to (5) and any free or unoccupied immovable property which is not owned by a private individual or which is not lawfully held on the date of the coming into force of this Law shall be owned, occupied and enjoyed by the Republic as the property of the Republic.

CHAPTER 224
No right, etc., in immovable property except under this Law
4.-(1) Notwithstanding the provisions contained in paragraph (c) of subsection (1) of section 29 of the Courts Law or any other law amending or replacing it, and subject to the provisions of this section, the law relating to trusts, the law relating to vakfs and the provisions of any other law for the time being in force, no estate, interest, right, privilege, freedom, easement or any other advantage in, on or over any immovable property shall exist or be created, acquired or transferred except by virtue of the provisions of this Law.

(2) Subsection (1) shall not apply to any right of ownership (estate), interest, right, privilege, freedom, easement or any other advantage in, on or over any immovable property created, acquired or transferred by instrument and for valuable consideration and which exists on the 4th day of March in the year 1953:

It is understood that either-

(a) such estate, interest, right, privilege, freedom, servitude or other advantage is registered or is liable to be registered or registered under any other provision of this Law; or

(b) (i) the document referred to above is filed with the District Land Office; and

(ii) the immovable property referred to above was not transferred by virtue of sale to a bona fide purchaser for appreciable consideration after March 3, 1953, and before the deposit of the instrument as provided in paragraph (i) otherwise or to a purchaser who after such transfer accepted appreciable consideration from the owner of such estate, interest, right, privilege, freedom, servitude or other advantage, as provided in the instrument aforesaid.

(3) Upon the filing of a document as provided in paragraph (b)(i) of the proviso to subsection (2), it shall, if the immovable property referred to above is registered, be recorded in the books of the District Land Office and, where possible, in the certificate of registration relating to such immovable property, without inquiry as to the title, interest, right, privilege, freedom, easement or advantage subsisting, created, acquired or transferred therewith.

CHAPTER 224
PART II POSSESSION
Provisions concerning other Real Estate or Vakf property
Extent of private land ownership
5.-(1) Private ownership of land extends, subject to the provisions of this Law or any other law in force from time to time, to the surface and crust of the earth, under the surface and in the space above the surface, reasonably necessary for its cultivation, but does not extend to arable land:

It is understood that the private ownership of any land, which is land located in the areas specified for the purposes of this article on the spatial map signed by the Director and deposited at the District Land Office before the entry into force of this Law, extends to the crust of the earth below the surface without any limitation as mentioned above.

(2) For the purposes of this section-

“minerals” includes any material of economic value which forms part of, or is naturally derived from, the earth’s crust including mineral oil, tar, asphalt and natural gas but not minerals while in dissolution or peat, trees, timber and similar forest products.

(3) Nothing in this section or in any survey map deposited with the District Land Office under the proviso to subsection (1) shall reduce or extend any rights conferred by virtue of a mining lease granted by or on behalf of the Government under any law for the time being in force relating to mining and in force on the date of the commencement of this Act; but the enjoyment of such rights shall continue, while such lease lasts, to the same extent as if this Act had not been enacted.

CHAPTER 224
Removed

Article 6 is repealed.

CHAPTER 224
Lakes, etc. that are not privately owned are transferred to the Republic.

Every lake, river, stream and natural aqueduct which is not under private ownership on the date of the coming into force of this Law and the basins, beds or channels thereof, and every land from which the sea or the water of any such lake, river, stream or aqueduct has receded, as well as every land which has resulted from the filling up of the sea, excluding every such land which is under private ownership on the date aforesaid, shall vest in the Republic:

It is understood that none of the provisions contained in this article shall be construed as affecting any rights over any lake, river, stream or natural watercourse which-

(a) have been continuously exercised for a full period of thirty years prior to the date aforesaid; or

(b) have been granted by a firman or other valid instrument of title drawn up before the 4th day of June, 1878, which was effective from the time of its drawing up; or

CHAPTER 224150(I)/2007
Public roads and beach

Every public road and part of the beach which is not under private ownership on the date of entry into force of this Law shall be transferred to the Republic for use by the public.

CHAPTER 224
No title with hostile possession against the Republic or registered master

No title to immovable property shall be acquired by any person in hostile possession against the Republic or a registered owner.

CHAPTER 224165(I)/2007
Title with hostile possession in some cases

Subject to the provisions of article 9, proof of undisputed and uninterrupted hostile possession by a person, or by those from whom he receives the claim, of immovable property for the full period of thirty years, shall entitle such person as is deemed to be the owner of such property and as is registered in his name:

It is understood that none of the provisions contained in this article shall affect the period of possession in relation to any immovable property which began to be occupied hostilely before the commencement of this Law, and all matters relating to possession during such period shall continue to be governed by the provisions of the enactments repealed by this Law relating to possession, as if this Law had not been enacted:

It is further understood that regardless of the existence of any incapacity which, under these laws, results in the extension of the period of possession, this period shall in any case not exceed a total of thirty years even when any such incapacity may continue to exist upon the expiration of the thirty years.

CHAPTER 224
No title with hostile possession over certain real estate
10A. Notwithstanding the provisions of article 10, no title shall be acquired in immovable property by hostile occupation-

(a) On immovable property located within an inaccessible area due to the Turkish Invasion against a person belonging to the Greek Community or a foreigner.

(b) On immovable property located within the free zone against a landlord belonging to the Turkish Community.

CHAPTER 224
Rights of way, etc. over the immovable property of another
11.-(1) No right of way or any privilege, freedom, easement, or any other right or advantage shall be acquired over the immovable property of another except-

(a) by virtue of a concession by its owner duly registered in the books of the District Land Office; or

(b) where it has been exercised by any person or by those from whom he receives the claim for a full period of thirty years without interruption:

It is understood that the provisions of this paragraph do not apply to any immovable property which is the property of the Republic or property included in the Republic; or

(d) where it was granted by a firman or other valid instrument drawn up before the 4th day of June, 1878, which took effect from the time of its drawing up; or

(e) where it has been acquired under the provisions of section 11A; or

(f) where it was created and acquired under the provisions of the Compulsory Expropriation Law of 1962 or any law amending or replacing it; or

(g) where this was reserved in writing by the owner of any immovable property upon the transfer of such property:

It is understood that the preceding paragraph also applies in the case where any provision is included relating to the use or development of any immovable property or to a restriction on the use or development thereof; or

(h) where this is created by decision of the Director to ensure passage to an enclosed plot, resulting from division and distribution, within the framework of the application of the provisions of subsections (1), (2) and (3) of article 29.

(2) No person shall exercise any right of way or any privilege, freedom, easement or any other right or advantage over the immovable property of another except when he-

(a) was acquired as provided in subsection (1); or

(b) is exercised pursuant to the provisions of any law in force at any time;

CHAPTER 22441(I)/2015
Obligation to provide passage
11A.-(1) Notwithstanding the provisions of this Law, if immovable property for any reason is enclosed in such a way as to deprive it of the necessary access to a public road, or if the existing access is inadequate for its proper use, development or exploitation, the owner of the immovable property is entitled to demand access over the neighboring immovable properties upon payment of reasonable compensation.

For the purposes of this subsection, “right of way” includes the right to channel water, sewage or any other liquid through channels, or pipes or any other suitable means.

(2) The direction of the passage and the extent of the right to use it, as well as the compensation to be paid, shall be determined by the Director after prior notification to all interested parties, and if, following such notification, any of the interested parties fails to attend the on-site investigation specified in the notification, the Director may proceed with any required action in his absence.

(3) The obligation of the neighbors to provide passage does not exist if the communication of the immovable property to the public road was stopped by a voluntary act or omission of the owner thereof.

(4) If, due to the sale of part of the immovable property, the communication of the part that was sold or remained to the public road was cut off, the owner of the part through which the communication was made until now is obliged to provide a way. The sale of one of several immovable properties belonging to the same owner is also equated with the sale of a part.

(5) A right of way granted under this section shall be deemed to be a right, easement or benefit acquired under the provisions of section 11, and the provisions of this Law shall apply to any such right of way.

(6) The Council of Ministers shall issue Regulations regulating any matter that requires regulation for the better implementation of this article and in particular the procedure followed for its purposes:

It is understood that Regulations made under this subsection shall be submitted to the House of Representatives, which shall decide on them within 15 days of such submission. In the event of approval or amendment of the Regulations so submitted, they shall come into force as approved by the House.

(7) The provisions of this article shall not apply to any type of state land without a specific decision of the Council of Ministers and under such conditions as may be provided for in the decision.

CHAPTER 224
Rights, etc., acquired or exercised in relation to the immovable property of another
12.-(1) Where any right, privilege, freedom, easement, or other advantage has been acquired as provided in subsection (1) of section 11 in relation to any immovable property, it shall be deemed to be attached to such property and to be included in any transaction effected in relation to such property.

(2) When any such right, privilege, freedom, easement or any other advantage has been abandoned by written notice to the District Land Office, or has not been exercised for a full period of thirty years without interruption, it shall be deemed to have lapsed.

(3) When this right is a right of way, if due to the opening of a public road or other passage or if due to another reason there is no longer a need for it, the owner of the servient or dominant property is entitled to demand its abolition, and the Director shall investigate the case, decide whether this right should be abolished or not, notify his decision to all interested parties and if his decision is that the right should be abolished, proceed with its abolition after the lapse of thirty days from the date of the aforementioned notification:

It is understood that, if any claim is submitted for the payment of any compensation by the owner of the working property for the abolition of the above right, the Director, after taking into account the facts of each case, including the time of use of the right, determines the compensation that may have to be paid and notifies all interested parties and does not proceed with the abolition of the right before being satisfied that the compensation estimated by him has been paid.

CHAPTER 224
Calculation of the thirty-year period

The period of thirty years specified in articles 10, 11 and 12 shall be deemed and shall be deemed to be the period immediately preceding the date on which a claim may be brought under those articles.

CHAPTER 224
Determination or modification of the right-of-way location, etc.
14.-(1) Upon application by the owner of the dominant property or the owner of the servient property, the Director may, after thirty days’ notice to all interested parties, determine or modify the position or direction of any relevant right of way, passage, furrow, ditch, stream, conduit, pipe, wire or other similar thing in such a manner, however, that such determination or modification does not affect either of these two properties more adversely than before.

(2) The Director may proceed with the determination or modification provided for in subsection (1) even if the owner of any of the two affected properties to which the notification provided for in the above subsection was given fails to appear on the day and time specified in such notification.

CHAPTER 224
Aqueducts and irrigation ditches
15.-(1) Where any parcels of land belonging to several owners are irrigated by an aqueduct or ditch, any owner may apply to the Director for the alteration of the position or direction of such aqueduct or ditch in his parcel and the Director may, after giving thirty days’ notice to any owner whose land will be affected by such alteration, alter the position or direction thereof, but only in such manner as not to materially affect or prejudice the interests of any such other owner or the applicant. If, after such notice, the person to whom the notice was given fails to appear, the Director may proceed in his absence.

(2) Where more than one person is entitled to water flowing through an aqueduct or ditch, for the purpose of preventing any waste of water-

(a) all such persons shall be required to clean and maintain such water conduit or ditch in proper repair and condition and each such person shall be liable for the consequential expense in proportion to his share of the water; and

(b) each of these persons must close the main opening of his own aqueduct or ditch as soon as his land has been irrigated or as soon as the time during which he is entitled to use the water has expired.

(3) If any person fails or neglects to comply with the provisions of subsection (2), any other person or persons having an interest in the matter may take all steps which they may reasonably consider necessary to prevent waste and may also recover the amount for which the person in default may be liable, by civil action.

(4) The provisions of this article do not apply to irrigation departments established under the Irrigation Departments (Villages) Law.

CHAPTER 224
Wells
15A. When more than one person is entitled to water drawn from a well, all such persons are obliged to clean, properly repair and maintain such well in good condition and each of such persons is liable for the resulting expenses in proportion to his share.

For the purposes of this article, the word “well” has the meaning assigned by article 2 of the Wells Law.

CHAPTER 224
Irrigation right area

When any person acquires or holds any right of irrigation, such right shall extend to a right in or to any artificial or other ditch, aqueduct, aqueduct, well or chain of wells made for the distribution of the water to which such right relates and a space not exceeding five feet from either end of such ditch, aqueduct, aqueduct, well or chain of wells which may be required for the cleaning, repair or protection thereof shall be deemed to form part thereof, and the owner of the land on either side of the ditch, aqueduct, aqueduct, well or chain of wells shall not interfere with and shall not cultivate or plant such space.

CHAPTER 224
Plantations along public roads
17.-(1) No person shall plant any tree, shrub or reed on any immovable property adjoining a public road at a distance of less than five feet from the boundary of such property along the public road without first obtaining permission from such person as may be appointed by the Council of Ministers for that purpose (hereinafter in this section referred to as “the authority”).

(2) The Government may plant any tree, shrub or reed on any immovable property adjoining a public road within five feet of the boundaries of such property along the public road regardless of the fact that such property belongs to another person and any tree, shrub or reed so planted shall be the property of the Republic.

All trees, shrubs, or reeds planted in this manner before the entry into force of this Law by or under the authority of the Government shall be deemed to have been legally planted under the provisions of this Law and to constitute the property of the Republic.

(3) Where land on which a tree, shrub or reed has been planted under the provisions of subsection (2) is subsequently required for building or irrigation purposes and such tree, shrub or reed obstructs the reasonable use of the land for such purpose, the authority shall, upon application by the owner of the land, remove it at the expense of the Government.

(4) A tree, shrub or reed planted after the commencement of this Law in contravention of subsection (1) may be removed at the expense of the person who acted in contravention of this subsection.

(5) Where the Authority is satisfied that any tree, shrub or reed planted within the limits specified in subsection (1) before the commencement of this Act is causing damage or unreasonable obstruction to the reasonable use of any public road or to the safety of any person travelling along any such road, it may, after serving thirty days’ notice on the owner thereof, remove it at the expense of the Government.

CHAPTER 224
Power of the Council of Ministers to exchange property of the Republic, etc.
18.-(1) The Council of Ministers may, under such terms, restrictions, conditions and criteria as may be determined by Regulations-

(a) To grant, lease, exchange or otherwise alienate any property of the Republic or immovable property which has come to the Republic under the provisions of this Law, other than a public road or the seashore;

(b) to exchange or alienate part of any public road, if he is satisfied that another adequate public road has been provided in its place or that such exchange or alienation will improve such public road;

(c) to lease part of the beach for the purposes of ports, marinas, berthing and service areas for pleasure boats, piers, docks, quays, fish farms and for any other purpose of public benefit.

(1A) Notwithstanding the provisions of this Law or any other Law or the Regulations issued thereunder, a marine area which has been registered as immovable property under paragraph (h) of article 2 of this Law and has been declared as a berthing and servicing area for pleasure boats under the provisions of the Pleasure Boat Berthing Areas Management Law, may not be alienated, except only to be leased for development purposes, and free access of citizens is ensured to such property.

(2) Within three months of the Council of Ministers taking any action under subsection (1) of this section, a report shall be laid before the House of Representatives showing in detail the cases in which such concessions have been made.

(3) Notwithstanding the provisions of subsection (1), the Council of Ministers shall not grant or dispose of immovable property of the Republic or immovable property that has come to the Republic under the provisions of any law for residential purposes, except only for cases of housing of persons who are considered beneficiaries under the provisions of the Provision of Housing Assistance to Displaced Persons, Sick Persons and other Persons Law and of the heirs, beneficiaries, who died on or after 7 April 2006 in the case of a residential unit in a Government Settlement and after 20 July 1974 in the case of a residential unit in a Self-Housing Settlement or of other related persons who lived or cohabited in the same residential unit with the said deceased and in accordance with such terms, restrictions, conditions and criteria for the for this purpose, by regulations issued under this article and which may have retroactive effect:

It is understood that the Council of Ministers may decide to alienate immovable property of the Republic or immovable property that came to the Republic under the provisions of any law for the purposes of housing or self-housing of persons, as a result of the Turkish invasion, who are considered beneficiaries based on the provisions of the Provision of Housing Assistance to Displaced Persons, Sick Persons and other Persons Law, despite the fact that the state land on which the housing units have been erected has not been classified as Government Settlements or Self-Housing Settlements:

It is further understood that, in the event of the death of the beneficiary person who erected a residence on land owned by the Republic which he possessed on the date of his death, this residential unit is the subject of inheritance.

(4) [Deleted].

(5) Notwithstanding the provisions of this article or any Regulations issued under it, the Council of Ministers may assign and alienate the immovable property of the Republic described in Table C to the Fund established under article 3 of the National Solidarity Fund Establishment Law under conditions which it itself determines by decision and after informing the House of Representatives.

CHAPTER 22431(I)/199855(I)/2006120(I)/200761(I)/2010178(I)/201467(I)/2016139(I)/201743(I)/2019145(I)/201945(I)/2025
Special provision

18A. [Deleted]
History of Modifications136(I)/2006
Provisions regarding community property

When by law or custom immovable property (which in this law shall be referred to as “the community property”) is held or enjoyed communally by any city, village or parish, the following provisions shall apply, namely-

(a) The residents of such city, village or parish have jointly, to the exclusion of any person who is not a resident thereof, the right to possess or enjoy the community property subject to any conditions under which the community property is possessed or enjoyed by law or custom;

(b) no person shall possess or acquire at any time any individual or exclusive right over the community property or any part thereof –

(i) the creation of a village or parish;

(ii) land improvement;

(iii) soil conservation;

(iv) mining exploitation

(n) public utility project;

the Council of Ministers may, by notification in the Official Gazette of the Republic, declare that such property or part thereof shall cease to be community property:

It is understood that in any such case, Republic property of equal utility to the community property, if available, shall be assigned to replace it or, if no Republic property is available, an amount equal to the value of the community property, as determined by the Director, shall be assigned and made available for the benefit of such city, village or parish.

(d) where by law or custom community property is held or usurped by any town, village or parish for a specific use, the Council of Ministers may, upon the application of at least two-thirds of the inhabitants of such town, village or parish, who have completed the age of eighteen, and after being satisfied that such use is no longer in the interest of such town, village or parish, terminate such use and either substitute it for another use or dispose of the property in such manner as it may deem appropriate:

It is understood that any such alternative use or the proceeds of any such disposal are or are disposed of for the benefit of such city, village or parish.

CHAPTER 224
Cultivation of land without the consent of the Republic or the registered owner

Where a person cultivates land belonging to the Republic or to a person registered for that purpose without the written consent of the Republic or such person, as the case may be, any produce thereof or any profit therefrom shall become and constitute the property of the Republic or such person, as the case may be, without payment of any compensation.

CHAPTER 224
Structures, etc., on immovable property held in undivided ideal shares

When immovable property is held in indivisible ideal shares, all co-owners are entitled in proportion to their respective shares, to-

(a) any building or other structure or structure erected on, or firmly attached to, the property;

(b) any tree or vine planted or well dug therein.

regardless of whether it was erected, annexed, planted, opened, or commissioned by the owner or any other person.

CHAPTER 224
Imposition of fees on immovable property held in indivisible ideal shares
21A.-(1) Notwithstanding the provisions of this Law, for the purposes of imposing fees under the provisions of the Municipalities Law, the Communities Law and the Sewerage Systems Law, as amended or replaced from time to time, in the event that immovable property is held in indivisible ideal shares, it shall be deemed to belong to its owners in proportion to their natural shares of ownership therein.

(2) For the purposes of subsection (1) –

(a) any co-owner may submit a written application to the Director for the determination of the general assessment value of the share attributable to him.

(b) the Director shall enter in a special register kept at the District Land Office the data in relation to the general assessment value of all shares for which an application has been submitted under paragraph (a).

(3) The special register provided for in subsection (2) shall be notified to the authorities competent for the imposition of fees on immovable property, pursuant to the provisions of the Municipalities Law, the Communities Law and the Sewerage Systems Law, as amended or replaced from time to time, so that the prescribed fees imposed on co-owners are determined in accordance with their physical ownership shares on the immovable property.

(4) The provisions of subsections (1), (2) and (3) shall apply until the issuance of separate ownership titles in relation to the shares provided for in subsection (1).

48(I)/2015
Trees, etc., on land are considered to be the property of the landowner.
22.-(1) Anything growing wild on any land is deemed to be the property of the owner of the land.

(2) The following provisions apply in relation to-

(a) any budded wild tree on any land;

(b) any tree or vine planted on any land;

(d) any building or other structure erected on any land;

(e) any permanent attachment firmly attached to any land or any building or other structure or structure,

that is-

(i) if it was planted, discovered, opened, constructed, erected or permanently connected before the date of commencement of this Law, it shall be deemed to be the property of the owner of the land unless another person is registered as the owner thereof or another person entitled to be so registered requests to be registered within two years from the date of commencement of this Law or within two years from the date on which he became so entitled;

(ii) if it was planted, discovered, opened, constructed, erected or firmly connected after the date of entry into force of this Law, it is deemed to be the property of the owner of the land,

and every transaction affecting such land shall be deemed to include any such wild tree, tree, vine, spring, aqueduct, ditch, building, structure, structure or appurtenance which is the property of the owner of the land.

(3) Nothing in this section shall apply to or affect-

(a) an instrument or thing which is the subject of an agreement or hire purchase under any Law for the time being in force relating to such agreements;

(b) an attachment which is firmly attached by lease to any land or building or other structure or building for purposes of trade or agriculture or for beautification and convenience, which the lessee has the right to detach and remove during the term or at the end of the lease.

CHAPTER 224
Transfer or mortgage of trees, etc., separately registered includes transfer or mortgage of the land

When trees, vines or other things planted growing on any land though belonging to the owner of the land are separately registered in his name, he shall not be entitled to transfer or mortgage them unless he transfers or mortgages the land on which they stand; and every transfer or mortgage of any such trees, vines or other thing planted or growing on any such land shall be deemed to include the transfer or mortgage of the land belonging to the same owner.

CHAPTER 224
Right of choice when trees and land belong to different persons
24.-(1) Subject to the provisions of section 26, where trees, vines or other things or buildings, or other structures or structures are planted, growing or erected on any land belonging to a person other than the owner of any such trees, vines, thing, building, structure or structure and each of the said owners has made a declaration before the District Land Office that he has agreed to sell his interest to a third party, the transfer of the interest shall not be registered unless

(a) within sixty days from the date of the declaration of sale the owner selling his interest satisfies the Director that the other owner does not wish to purchase the said interest at the price being sold; or

(b) the intended purchaser publishes the intended sale thereof or brings it to the notice of the other owner as provided for in subsection (2) within sixty days from the date of the declaration of sale and another owner does not acquire it by virtue of this section.

(2) The intended sale shall be published in such form and in such newspaper or newspapers as the Director may require, or shall be notified to the other owner by service on him of a written notice in such form as the Director may require, and the owner of the other interest may register for it, by depositing in the District Land Office, within thirty days of the publication or service of the notice, the price at which the seller’s interest is sold together with the registration fee, and for this purpose the amount so deposited shall be paid to the party who participated in the declaration of sale as purchaser:

It is understood that when such other interest is owned in indivisible ideal shares and two or more of its co-owners act as provided above, independently of each other, the Director shall register the seller’s interest in the name of the co-owners who acted in this manner, in accordance with the proportion that their shares bear to each other; and the Director shall thereafter make the appropriate adjustments and refunds of the amounts deposited to the persons entitled thereto:

Provided further that where there are interests separately owned in real property situated in any land declared to be for sale, and two or more of the owners of such interests separately owned act as aforesaid independently of each other, the Director shall cause the value of the interests of the owners so acting to be calculated and shall register the land of the seller in the name of the owner whose interest is of the greatest value, and where the interests of two or more owners so acting are of equal greatest value, he shall register the land of the seller in the name of the said owners in equal shares; and he shall thereupon make the appropriate adjustments and refunds of the sums deposited to the persons entitled thereto.

(3) If the action required by paragraph (a) or, as the case may be, by paragraph (b) of subsection (1) is not taken and proof thereof is not submitted to the Director, within the prescribed period of sixty days from the date of the declaration of sale, the declaration shall be cancelled by the Director and shall be deemed not to have been made, and the seller and the person appearing in the declaration as the intended purchaser shall be given notice of the cancellation by the Director.

(4) Before the Director registers the transfer of an interest declared for sale, he may require the person selling such interest and the intended purchaser thereof to declare in writing whether any other interest belonging to a third party is related to the interest agreed for sale; and any person who knowingly and with fraudulent intent makes a false statement or causes a false statement to be made in such statement shall be punished in the same manner as if he had given false evidence in any legal proceedings.

(5) For the purposes of this section “land” includes trees, vines or other things or buildings or other structures or constructions, planted, growing or erected on any land and belonging to the owner of such land:

“other owner”, “owner of the other interest” and any other related term means a person who was the owner of the other interest at the date and time at which the declaration of sale referred to in subsection (1) was made.

(6) This section shall remain in force until December 31, 1980 and shall then expire without affecting the validity of any act or omission done under this section.

CHAPTER 224
Right of option to co-owners of real estate
25.-(1) Subject to the provisions of section 26, when the owner of an undivided ideal share in immovable property makes a declaration before the District Land Office that he has agreed to sell it to a person who is not a registered co-owner in the same property, the transfer of such share shall not be registered unless

(a) within sixty days from the date of the declaration of sale the seller satisfies the Director that the other registered co-owners do not wish to purchase his share at the price at which it is being sold; or

(b) the intended purchaser publishes the intended sale or brings it to the notice of the other owner as provided for in subsection (2) within sixty days from the date of the publication of the sale and no registered co-owner acquires the share pursuant thereto.

(2) The intended sale shall be published in such form and in such newspaper or newspapers as the Director may require or shall be brought to the notice of the other owner by service on him of a written notice in such form as the Director may require and any registered co-owner may, by depositing with the District Land Office, within thirty days of the publication or service of the notice, the price at which the seller’s share is being sold together with the registration fee, register for that share and for this purpose the amount so deposited shall be paid to the person who participated in the declaration of sale as purchaser:

It is understood that if more than one registered co-owner acts as provided above, the Director shall register in the name of the co-owners who are willing to proceed with the purchase, the seller’s share in the proportion that their shares bear to each other. The Director shall thereafter make the appropriate adjustments and refund the amount deposited to the persons entitled thereto.

(3) If the action required by paragraph (a) or, as the case may be, the action required by paragraph (b) of subsection (1) is not taken and proof thereof is not furnished to the Director within the prescribed period of sixty days from the date of the declaration of sale, the declaration shall be cancelled by the Director and shall be deemed not to have been made, and notice of the cancellation shall then be given by the Director to the seller and the intended purchaser shown in the declaration.

(4) When an indivisible ideal share in some immovable property is held together with another immovable property owned entirely by the same owner as a single unit covered by a registration in the land register and this unit is the subject of a declaration of sale as provided for in subsection (1), the provisions of this article do not apply.

(5) For the purposes of this section, “registered joint owner”, “other owner” and any other related term means a person who was a registered joint owner on the date and time at which the declaration of sale referred to in subsection (1) was made.

(6) For the purposes of this section, where the person appearing in the declaration of transfer as the intended purchaser believes that the agreed and declared sale price does not represent the value of the share of the immovable property on the date of the declaration of transfer due to an increase in the value of the immovable property in question, since the date on which the sale was agreed, he may, by written application to the District Land Office on the date of the transfer, require any registered co-owner who wishes to exercise the right to acquire the share transferred to pay such amount as in his opinion represents the value of the share transferred on the date of the transfer. This requirement shall be referred to in the publication or notification provided for under subsection (2) of this section to the other co-owner, as the case may be. Subsequently, any registered co-owner wishing to exercise the right to acquire the transferred share must, within the thirty-day period provided for in subsection (2), deposit with the District Land Office the value required by the intended purchaser and the new transfer rights, or deposit with the District Land Office the price shown in the declaration in which the seller’s share is sold together with the new transfer rights and apply to the Court, within the aforementioned period, for the determination of the amount of any additional value to be paid by serving a copy of his application to the Court on the District Land Office:

It is understood that this subsection applies when the transfer declaration is accepted after a lapse of at least six months from the date on which the sale was agreed, and a copy of the sale contract has been deposited with the competent Land Office under the Sale of Land (Special Execution) Law:

It is further understood that none of the provisions contained in this subsection shall apply where the contract of sale was concluded before the date of entry into force of this subsection and a copy of such contract has not been deposited with the competent District Land Office under the Sale of Land (Special Execution) Law, unless such contract is brought to any District Land Office within two months from the date of entry into force of this subsection in order to note thereon the date of its bringing, and such notation of the date shall constitute incontestable proof of the bringing of the contract.

CHAPTER 224
Articles 24 and 25 do not apply in certain cases

None of the provisions contained in articles 24 and 25 shall apply to a declaration of sale made pursuant to a written contract of sale concluded before the entry into force of this Law:

It is understood that this contract shall be brought to the District Land Office within three months from the date of entry into force of this Law by any of the contracting parties in order to note thereon the date of its bringing; this notation of the date shall constitute indisputable proof of the bringing of the contract.

CHAPTER 224
General provisions concerning the division, etc., of immovable property
27.-(1) The following provisions shall apply to all cases of division or partition of immovable property, and no division or partition thereof shall be lawful if it contravenes any of these provisions, namely-

(a) no immovable property located within the residential, commercial, tourist, holiday, industrial, craft and livestock zones and no building shall be divided into separate lots, except in accordance with the provisions of any Law or Regulation in force at any time:

It is understood that, jointly owned real estate, which falls within a residential zone and cannot be divided in accordance with the provisions of any urban planning legislation in force at any time, may be divided into plots with a minimum area of the minimum area required for the creation of a plot, as calculated based on the applicable urban planning parameters of the urban planning zone in the area by the Urban Planning Authority, provided that the number of new plots resulting after the division does not exceed the number of co-owners, under the terms or commitments that the Director imposes, including the terms set by the Urban Planning Authority:

It is further understood that the above reservation applies to co-ownerships that were registered before the date of entry into force of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 2015, except in cases where co-ownership is created following the transfer of property from a parent to a child or children or following hereditary succession;

(b) no vineyard, garden, forest or land irrigated by a continuous or seasonal source of water or which is susceptible of irrigation by a continuous source of water shall be divided into plots smaller than the scale in area or, if susceptible of irrigation by a seasonal source of water, into plots smaller than two scales in area:

It is understood that the division into plots is carried out regardless of the fact that in some of the plots into which the immovable property is divided no irrigation supply has been installed and the water supply to the new plots that are created is installed at any time at the expense of these owners;

(c) no land which is not irrigated or irrigable either from a continuous or seasonal source of water shall be divided into separate plots of less than five scala in area;

(d) subject to the provisions of paragraphs (a), (b) and (c), no immovable property shall be divided into separate parcels unless in the opinion of the Director each such parcel may be suitably and conveniently held and enjoyed as a separate and independent estate;

(e) no tree shall be assigned to more than one person;

(f) no land in which a person is the owner of a share shall be assigned to that person as his separate property unless everything planted or growing on it is assigned to him.

(2) Notwithstanding the provisions of paragraphs (b) and (c) of subsection (1), in an area in which a Consolidation and Redistribution Cooperative has been established or consolidation and redistribution has been carried out under the Consolidation and Redistribution of Agricultural Lands Law and any Law amending it, the following provisions shall apply:

(a) no vineyard, garden, forest or land irrigated by a continuous or seasonal source of water or which is irrigated by a continuous source of water shall be divided into plots of less than two steps in area or, if irrigated by a seasonal source of water, into plots of less than four steps in area:

(b) no land which is not irrigated or irrigable from a continuous or seasonal source of water shall be divided into plots of less than ten scales in area:

It is understood that the Director may, by Notification published in the Official Gazette of the Republic, determine areas in which, instead of the minimum areas provided for in paragraphs (a) and (b) above, the corresponding minimum areas provided for in paragraphs (b) and (c) of subsection (1) shall apply, for the purposes of the aforementioned paragraphs.

(3) Notwithstanding the provisions of section 9, the provisions of this section shall apply to all cases of division or partition of immovable property effected after the date of the coming into force of this Law or within ten years immediately preceding that date and where the property acquired by virtue of any such division or partition contravenes the provisions of this section no title by hostile possession shall be acquired therein.

(4) Notwithstanding the provisions of paragraph (b) of subsection (1), a division of a plot may be carried out by the Director, in the event that –

(a) A specific section, regardless of its area, is detached from a plot which, after the division, has a remaining area beyond the minimum area provided for in paragraph (b) of subsection (1) and this section is merged with a bordering plot,

(b) the boundaries of the plots are adjusted and none of these plots has an area smaller than the minimum area provided for in paragraph (b) of subsection (1), unless both plots have a smaller area even before the adjustment, and

(c) a part of the plot, regardless of its area, which results from division, constitutes a separate registration, if it concerns a source, pit, drilling or other similar specialized use, together with the surrounding space necessary for its operation.

CHAPTER 22441(I)/201515(I)/201679(I)/2018
Power to a Director to sell property held in undivided ideal shares in certain cases
28.-(1) Where immovable property is held in indivisible ideal shares but no division into at least two parcels can be made without contravening the provisions of section 27, from which a parcel with a minimum area corresponding to at least one co-owner results, any co-owner may request from the Director a certificate that the division of the property is impossible due to the aforementioned provisions, and such co-owner, after being provided with such certificate, may serve notice on the other co-owners in Cyprus together with a copy of such certificate informing them that, unless within thirty days of service they are able to agree on an arrangement by which the property will be assigned to one person, he shall request the Director to put the property up for sale by auction; and the Director, upon proof of such service and after being satisfied that no settlement as provided above has been agreed, he may, at his discretion and without any further notice and regardless of the absence from Cyprus of any co-owner, proceed to sell the property by auction, and distribute the proceeds, after deducting the expenses of such sale, among the persons entitled thereto in accordance with their respective rights over the property:

Provided that where, due to the value of the property or the number of co-owners or for any other reason, it appears to the Director that the service of the notice and copy of the certificate as aforesaid on the other co-owners in Cyprus may be omitted, notice may instead be published at the expense of any of the co-owners to the other co-owners in such form and in such newspaper or newspapers as the Director may require; and the date of publication in the newspaper or in the last of the newspapers, as the case may be, shall be deemed to be the date of service of the notice for the purposes of this subsection.

(2) Where immovable property, the value of which is less than one thousand euros, is held in indivisible ideal shares, but no division thereof can be made into at least two pieces from which a piece with a minimum area corresponding to at least one co-owner can result without contravening the provisions of section 27, the Director may cause a notice to be posted that, unless the Director is informed by the owners of the said property within thirty days of the posting of such notice that they have agreed to an arrangement whereby the property will be granted to one person or will be divided in a manner which does not contravene the provisions of section 27, the Director shall put the property up for sale by auction, and the Director, after being satisfied that no arrangement as aforesaid has been agreed, may, at his discretion: power and without further notice, to proceed with the sale of the property by auction, and to distribute the proceeds, after deducting the expenses of such sale, among the persons entitled to it in accordance with their respective rights over the property.

(3) The provisions of subsections (1) and (2) shall not apply to any property held in indivisible ideal shares, when such property together with other properties is held in indivisible ideal shares by the same co-owners, unless division and distribution between the co-owners becomes impossible, as provided for in article 29.

CHAPTER 22441(I)/2015
Division of real estate held in indivisible ideal shares
29.-(1) When immovable property is held in indivisible ideal shares, the Director may lawfully, upon the application of any of the co-owners, cause the property to be divided between the various parties entitled to it and the plots into which the property is divided to be registered in the names of the persons to whom they are respectively granted.

(2) Where the property to be divided consists of several parcels, the total value of all such parcels shall be taken as the basis of the division, and the division may be effected either by the division of each parcel separately or by the division of the parcels as a whole, as in the opinion of the Director, may be in the best interests of all persons concerned:

It is understood that when a building is used as a permanent residence by any of the co-owners, it is not included in the division except with the consent of the co-owner or co-owners by whom or by whom it is used in this way; in the event that there is no consent, the Director may examine elements which make the division or distribution obvious in accordance with the provisions of article 65KG and decide on the division and distribution of the residence, without holding a draw in accordance with the provisions of subsection (3), provided that the other provisions of this article are complied with:

It is further understood that, where it is practically impossible due to the number of parties having an interest therein and the number of plots that may arise after their division or due to a substantially greater value of a property than the value attributable to the co-owners, the Director may allocate plots to more than one co-owner, in ideal proportions:

It is further understood that, for the purposes of this subsection, the term “permanent residence” means a building which, in the opinion of the Director, is used for the purposes of residence of the owner or owners for one or more periods exceeding in total one hundred and eighty-three (183) days per year.

(3) When making a division under the provisions of this section, the Director shall, to the extent possible, distribute the property in accordance with the wishes of the several co-owners, and if the co-owners, although otherwise agreeing on the division, do not agree as to the plot or plots to be allotted to each of them, the matter shall finally be settled by the Director by drawing lots, and upon the completion of the division the Director shall give notice of that fact to all persons affected thereby.

(4) Where, due to the nature of the property to be divided or the number of parties interested in it or for any other reason, it appears to the Director that it is not practicable to allocate plots of value equal to that corresponding to the respective shares of the co-owners, the Director may order that those co-owners who receive plots of value greater than that which is due to them pay to those who receive plots of value less than that which is due to them or do not receive a plot, such compensation as the Director may decide, taking into account their respective shares and the value which he attributes to the plots.

(5) Upon making an order under the provisions of subsection (4), the Director shall give notice thereof to all persons affected by the separation.

(6) If a co-owner who has been ordered to pay compensation to another co-owner under the provisions of this section fails to pay it within forty-two days from the date of the final order, the Director may put the plot or plots allocated to the co-owner in default up for sale by auction and pay such compensation from the proceeds of the sale.

(7) Where compensation has been ordered to be paid by a co-owner under the provisions of this article, such co-owner shall not be entitled to deal with the plot allocated to him before the payment of the compensation ordered, except with the consent of the person to whom the compensation is to be paid.

(8) Notwithstanding the provisions of section 27(1), the provisions of subsection (1) of this section shall also apply to the vertical division of a plot of land resulting from a division of land which took place in accordance with the provisions of the Roads and Buildings Law, as well as to any building located on such a plot of land, provided that the following conditions are met:

(a) The director is satisfied that each separate parcel resulting from the division can be suitably and conveniently held and enjoyed as a separate and independent part;

(b) if the case concerns a building, the co-owner requesting the separation shall produce a certificate of approval or a certificate of approval with notes or a certificate of unauthorized works issued in accordance with the provisions of the Roads and Buildings Law in relation to the part of the building which he himself owns and uses; and

(c) none of the co-owners of the plot has previously been registered as the owner of another plot of land that was separated under the provisions of this subsection (unless ownership was acquired by inheritance or donation from a spouse to a spouse or donation from another blood relative up to the third degree).

(9) An application for division under this article, which concerns cases to which the provisions of paragraph (a) of subsection (1) of article 27 apply, may be submitted by a co-owner or co-owners who are registered owners of at least twenty-five percent (25%) of the immovable property and the Director shall promote the division procedure, subject to the provisions of subsections (1) to (7) of this article, in accordance with the preliminary spatial plan and subsequently with the urban division permit and the relevant division permit under the provisions of the Roads and Buildings Regulation Law:

It is understood that, when any co-owner produces a Court order regarding the expenses paid for the execution of the terms of the competent authority and for the making of the separate registrations, the order constitutes a charge on the property attributable to the co-owners who, based on the order, are obliged to pay their proportionate share of the expenses:

It is further understood that such charge shall have the effect of registering a court decision, in accordance with the provisions of article 53 of the Civil Procedure Law, as amended or replaced from time to time.

(10) The Council of Ministers shall issue Regulations for the regulation of any matter which requires determination for the better implementation of this article and in particular for the determination of the procedure to be followed for the purposes of implementing its provisions.

CHAPTER 22441(I)/201542(I)/2019
Adjustment when the owner of trees and land is not the same person
30.-(1) When any tree, vine, building or other structure or building becomes the property of a person other than the owner of the land on which it stands, the Director may, on the application of any person having an interest in the land, tree, vine, building or other structure or building, effect an adjustment of the interests of the parties thereto, so as to ensure that in no case shall any tree, vine, building or other structure or building become the property of a person other than the owner of the land on which it stands.

(2) When carrying out such readjustment, when the portion to which any person would be entitled is so small that a plot cannot be allocated to him, without contravening the provisions of section 27, the Director may order that his portion be allocated to any other owner of land, trees, vineyards, buildings or other structures or buildings in respect of which the readjustment is carried out, with payment of such compensation to the person whose portion is so allocated, as the Director may decide.

(3) Upon the issuance of an order under the provisions of subsection (2), the Director shall give notice thereof to all persons affected by the adjustment and thereafter the provisions of subsections (6) and (7) of section 29 shall apply mutatis mutandis to this section as they apply to the said section.

(4) (a) The provisions of the preceding paragraphs of this article shall apply, mutatis mutandis, in cases where immovable property, which is a well or a small piece of land on which there is a well or any other small piece of land, including ditches or water transport or storage tanks, is located in such a position within the boundaries of a larger area of immovable property that, in the opinion of the Director, the development of the said larger area of immovable property is prevented, provided that any of the following conditions are met:

(i) the specific well has been dry for at least five years, or

(ii) the specific well or the small piece of land on which the well is located is located in a development area, in accordance with the provisions of the Town and Country Planning Law or the Roads and Buildings Regulation Law, and the permitted use of such water is only for the purposes of irrigation of immovable property located in a development area, or

(iii) the specific small piece of land, including ditches or tanks that have ceased to be used for the transport or storage of water for five years, is located within a development area, in accordance with the provisions of the Town and Country Planning Law or the Roads and Buildings Regulation Law.

(b) For the purposes of this subsection, the term “small plot of land” means a plot of land which, according to the legislation in force at the time, cannot be built on or, if it can be built on, the area of such building cannot exceed 60 square meters.

(5) When carrying out a readjustment in the cases referred to in subsection (4), the Director shall, to the extent possible, proceed to readjustment of interests in accordance with the wishes of the owners and, where possible, redistribute them in a manner that does not impede the development of any property, regardless of whether by such action any property is divided into smaller pieces of land in violation of the provisions of section 27 or any other law.

CHAPTER 22457(I)/2005
Separation or readjustment of real estate subject to a lien

Where immovable property or part thereof to which section 29 or 30 applies is subject to a lien under the provisions of any law for the time being in force, the Director may lawfully proceed to divide or adjust such property in accordance with the provisions of the section applicable thereto and to make such lien a lien on the part of the property granted to the person against whom the lien operates:

It is understood that any compensation paid under article 29 or 30 shall be paid to the person for whose benefit the encumbrance operates.

CHAPTER 224
No separation or adjustment without notice

No division or adjustment shall be made under the provisions of section 29 or 30 unless the Director gives thirty days’ prior notice thereof to all parties affected thereby, and if after such notice, any person to whom such notice was given fails to appear, the Director may proceed in his absence.

CHAPTER 224
Forced acquisition when readjustment is impossible
33.-(1) Where on any land there are trees, vines, buildings or other structures or buildings belonging to a person other than the owner of the land, and the Director considers it impossible to carry out an adjustment under the provisions of section 30, the following provisions shall apply, namely-

(a) the owner of such land may, if it is registered in his name, and if the assessed value of such land or the assessed total value of such land and any trees, vineyards, buildings or other structures or buildings thereon belonging to the owner of the land is greater than the assessed value of the trees, vineyards, buildings or other structures belonging to the other person, acquire them compulsorily by paying their value to their owner:

It is understood that when the land is owned in indivisible ideal shares the right granted herein shall not be exercised except by all the co-owners acting jointly, and then only on condition that each of them shall receive the same share in the trees, vineyards, buildings or other structures or structures acquired by virtue of this as that which belongs to him by ownership of the land:

It is also provided that when on land there are trees, vines, buildings or other structures or buildings that are owned separately, the right granted herein to the owner of the land may be exercised by him in relation to all trees, vines, buildings or other structures or buildings that belong to one or more owners:

(b) the owner of such trees, vineyards, buildings or other structures or buildings may, if they are registered in his name and if the estimated value of such trees, vineyards, buildings or other structures or buildings is greater than the estimated value of the land or the estimated total value of the land and any trees, vineyards, buildings or other structures or buildings thereon which belong to the owner of the land, acquire the land compulsorily by paying to the owner such value thereof:

Provided that where any such trees, vines, buildings or other structures or buildings are owned in undivided ideal shares, the right granted herein shall not be exercised except by all the co-owners acting jointly, and then only on condition that each of them shall receive the same share in the land acquired by virtue of this act as that which belongs to him by ownership over such trees, vines, buildings or other structures or buildings:

It is also provided that, where, by reason of the fact that trees, vines, buildings or other structures or buildings existing on any land are separately owned, two or more persons seek to acquire such land independently of each other, preference shall be given to the person or persons whose trees, vines, buildings or other structures or buildings are estimated to be of greater value or the trees, vines, buildings or other structures or buildings belonging to another person or persons seeking to acquire it and, where trees, vines, buildings or other structures or buildings belonging to another person or persons seeking to acquire the same land are estimated to be of equal value, the land shall be acquired by them in equal shares.

(2) For the purposes of this section the value of property to be assessed shall be assessed by the Director with the assistance of the village head of the village or parish in which the property is situated or his representative, or where the parties concerned belong to different communities each of which has its own village head, with the assistance of both village heads or their representatives:

It is understood that the calculation made by the Director is valid for the purposes of this article, even if any such community leader or his representative fails to assist in carrying out the calculation.

(3) Upon making the calculation under the provisions of subsection (2), the Director shall give notice thereof to all persons affected thereby.

(4) The procedures under this article must be in accordance with the Regulations contained in the First Schedule, which may be amended from time to time by the Council of Ministers.

CHAPTER 224
Compulsory acquisition also in cases of wells or small plots of land located within a larger plot of land
33A. When within the limits of any immovable property, under the exact same conditions and terms referred to in subsection (4) of section 30, there is a well or a small piece of land on which there is a well or any other small piece of land, including ditches or tanks for the transport or storage of water, which belongs to a person other than the owner of the said property and the Director considers it impossible to carry out an adjustment under the provisions of section 30, then the provisions of section 33 shall apply, mutatis mutandis.

57(I)/2005
Separation from co-owners

Where immovable property, consisting of more than one registration, has been divided by the registered owners, the Director may, on an application for registration of the property so divided, order that the registration of the property be effected in accordance with the terms of the division, if they do not contravene the provisions of section 27, and on the basis of the value corresponding to the interest of each registered owner, which he had before the division:

It is understood that, when the property or part thereof subject to division is subject to any encumbrance or when its owner is subject to prohibition, by virtue of the provisions of any Law in force at any time, the division shall not be registered, unless the person for whose benefit the encumbrance or prohibition operates gives his consent in writing:

It is further provided that, if the person for whose benefit the encumbrance or prohibition operates refuses to give his consent, any of the registered owners affected may apply to the Court for such order as it may deem appropriate in the circumstances.

CHAPTER 22441(I)/2015
How to sell

Any sale carried out under this Part shall be carried out in accordance with the provisions of any law relating to sales by public auction and the Sale Procedural Regulation in force from time to time:

It is understood that the Director may determine the maximum number of persons who, acting jointly, may be permitted to bid at an auction for property put up for sale under the provisions of section 28 of this Law.

CHAPTER 224
Provisions concerning Vakf Real Estate
Real estate that becomes a Vakf
36.-(1) Immovable property which is located within the areas specified, for the purposes of this article, on the spatial map signed by the Director and deposited with the District Land Office before the entry into force of this Law and which is registered in the name of a person who professes the Muslim faith may, by a valid deed of dedication, become a Vakf.

(2) Immovable property which is situated outside the areas referred to in subsection (1) and is registered in the name of a person professing the Muslim faith, and which, to the satisfaction of the Director, is sufficiently planted with trees or vines or is covered with buildings, may, by a valid deed of dedication, become a Vakf:

It is understood that a fee equal to one-fourth of the registered value of such property shall be paid by the owner to the revenues of the Republic, and that no such property shall become a Vakf until such fee has been paid.

CHAPTER 224
Vakf registration in the name of a trustee

When immovable property becomes a Vakf after the entry into force of this Law, such property shall be registered in the name of the person who is entitled to be its trustee by virtue of the deed of dedication.

CHAPTER 224
Trees, etc., held as a Vakf on land that is not a Vakf and vice versa

Where a tree, vine, building or other structure or building held as a Vakf is situated on land which is not a Vakf, or vice versa, the Director may, on the application of a person having an interest in the land, tree, vine, building or other structure or building, effect an adjustment of the interests of the parties so as to ensure that in no case shall the tree, vine, building or other structure or building be held as a Vakf independently of the land, or vice versa, and upon making such adjustment the provisions of section 30 shall apply to the extent possible.

CHAPTER 224
PART IIA COMMONLY OWNED BUILDINGS
General Provisions
Interpretation
38A. In this Part-

“licensed insurer” means an insurer who, under the Insurance Companies Law, holds a license to conduct insurance business in the insurance sector specified by or under this Law.

“competent authority” means the authority under the Roads and Buildings Regulation Law or any Regulations or other administrative acts issued thereunder.

“Management Committee” means the Management Committee provided for in articles 38KB to 38L.

“Regulations” means the Regulations issued pursuant to articles 38IΘ and 38L.

“jointly owned property” means any part of a jointly owned building that has not been registered as a unit.

“jointly owned building” has the meaning assigned to this term in article 38B.

“unit owner” means the owner of a unit in a shared building and includes, in relation to a unit held under a lease registered under Part IV (hereinafter referred to as a “long-term lease”), the long-term tenant or the long-term sub-tenant, as the case may be, unless the lease agreement provides that the long-term tenant or the long-term sub-tenant shall not be deemed to be the owner of the unit for the purposes of this Part; a long-term tenant or long-term sub-tenant shall be a tenant or sub-tenant under a lease or sub-lease registered under Part IV. The term “ownership of a unit” shall be construed accordingly.

“unit” means a floor or section, or part of a floor, room, office, apartment or shop or any other part or space of a jointly owned building which can be suitably and conveniently occupied and used as a complete separate and independent unit for any purpose for which a building permit has been obtained:

It is understood that if, with each application for horizontal division of real estate or part thereof, residual unutilized development rights arise, such as an inexhaustible building factor, which are not contractually granted with the horizontal division to future co-owners, these rights belong to the original owner and are registered as a unit in a separate title deed together with exclusive use rights over a part of the real estate for the benefit of the beneficiary, as provided for in the relevant application, with a specific determination in accordance with a valid urban planning permit or a licensed urban planning general spatial plan or, if requested by the applicant, without a specific determination, in which case these rights will be determined in whole or in part, at the time of submission of subsequent relevant applications for division in accordance with a valid urban planning permit or a licensed urban planning general spatial plan in accordance with the urban planning legislation in force at the time.

“limited joint ownership” means a part of a joint ownership building granted under section 38F for the exclusive use of one or more but not all units.

“model regulations” means the Regulations set out in the Annex.

“building” means a permanent structure and includes the land on which it is built.

CHAPTER 22448(I)/2011
Shared ownership of building. Separate ownership of units
38B. Notwithstanding anything contained in this or any other Law-

(a) When a building consists of at least five units, even if it and all its units are owned by one owner, it constitutes a jointly owned building and will be registered as jointly owned in accordance with article 38LA:

It is understood that a property consisting of two to four units may constitute a jointly owned building and be registered as such, if the owners of at least fifty percent (50%) of the jointly owned property or any two owners of the units submit a relevant application to the Director requesting that this property constitute a jointly owned building and be registered as such;

(b) each unit of a common-ownership building shall be owned, occupied and enjoyed separately as private property and shall be registered as such in accordance with section 38LA. A separate registration certificate shall be issued for each unit, and no other real property may be included in the same registration certificate except the share in the common-ownership property corresponding to such unit, as specified in this Part, and any limited common-ownership property granted exclusively to such unit, as specified in this Part.

CHAPTER 224
Implementation of laws governing real estate
38C. Subject to the provisions of this Part, any provision of this Law or any other Law relating to immovable property shall apply, with the necessary adjustments, to units of a jointly owned building.

CHAPTER 224
Rights of unit owners for conversions, etc.
38D. Subject to the provisions of this Part, the owner of each unit may make alterations, additions or repairs to his unit, provided that-

(a) They do not prejudice the rights of the owner of any other unit nor interfere with the enjoyment thereof by its owner; or

(b) do not affect in any way the jointly owned property, its smooth functioning or its enjoyment; or

(c) do not affect in any way the walls supporting the jointly owned building, the external walls of the jointly owned building or any part of the frame of the jointly owned building or do not in any way endanger safety or do not alter the external appearance of the jointly owned building in accordance with the provisions of the Regulations.

CHAPTER 224
Application of this Part to separate buildings etc. on the same piece of land
38E. The provisions of this Part shall apply, mutatis mutandis, to buildings consisting of more than one building or wing or complex of buildings located on the same piece of land, even if they are not separated horizontally, either in whole or in part.

CHAPTER 224
Ownership of unit-owned common property and limited common property
38F.-(1) The jointly owned property of a jointly owned building shall belong, be held and enjoy the benefits of all the owners of the units in indivisible ideal shares, in accordance with the proportion determined in article 38I, and shall belong to the units in accordance with this proportion:

It is understood that a certain portion of a common property may be granted for the exclusive use of a specific unit. In such case, such portion of the common property (hereinafter referred to as “limited common property”) shall be specifically described in the unit registration:

It is further understood, unless otherwise provided in the Regulations, that the owners of the units may, at any time after the registration of the jointly owned building and its units and by decision of the owners of at least seventy-five percent (75%) of the jointly owned property and, if the Director is satisfied in this regard, decide to classify as limited jointly owned property a certain part thereof and to grant it to a certain unit or units for exclusive use:

It is further understood that the Director may register a jointly owned property as a limited jointly owned property if the refusal of the owner of the unit to consent to the characterization of part of the jointly owned property as a limited jointly owned property clearly exceeds the limits imposed by good faith or the social or economic purpose of his right:

It is further understood that no decision may be taken under the foregoing proviso with respect to the stairs, roof, foundations, main walls supporting the entire jointly owned property, lifts, corridors and spaces or facilities intended to serve all or some of the owners. Any decision in violation of this provision shall be null and void and no registration shall be made under it.

(2) The unit registration certificate will also mention any limited common ownership granted to that unit for exclusive use.

(3) Every disposal or transaction in relation to a unit shall include-

(a) The share in the jointly owned property belonging to the unit without express reference to this share,

(b) any limited common property granted exclusively to this unit for exclusive use without express reference to it,

and any disposition or transaction in relation to such share in the joint ownership or in relation to the limited joint ownership or any part thereof or share therein separately from the unit shall be void.

(4) Subject to the provisions of the Roads and Buildings Regulation Law, the owners of the units may, by decision of the owners who own one hundred percent (100%) of the jointly owned property, decide to reduce or expand the area of land that forms part of the jointly owned property.

CHAPTER 224
Non-application of the provisions concerning undivided ownership by ideal shares
38G. The provisions of this Law in relation to undivided ownership by ideal shares do not apply to jointly owned property:

It is understood that nothing prevents the co-ownership of a unit or the separation of its co-ownership.

CHAPTER 224
Unit area
38H.-(1) The area of a unit consists of the covered space enclosed by the external walls of the unit and includes the covered and uncovered verandas and the covered and uncovered balconies of the unit. In the case of common walls between units or between a unit and jointly owned property, the area of such walls shall be divided equally between the adjoining units or between the unit and the jointly owned property, as the case may be.

(2) The area of the unit must be indicated on the unit’s registration certificate.

CHAPTER 224
Share in jointly owned property
38Θ. The share of the owner of the unit in the jointly owned property that is proportional to and belongs to the unit will be determined by the owner of the property on which the jointly owned building is erected and will be equivalent to the proportion that the value of this unit has in relation to the total value of all the units of the jointly owned building. For the calculation of the share ratio, fractions smaller than one hundredth are not taken into account:

It is understood that the Director may determine a value other than the value of the unit determined by the owner of the property, if he considers that there is a discrepancy between it and the actual value of the unit:

It is further understood that the share of the owner of the unit in the jointly owned property that is proportionate to and belongs to the unit, with respect to a building for which a building permit has been issued before the date of application of this Law, unless otherwise agreed, will be equivalent to the proportion that the value of the unit has in relation to the total value of all the units of the jointly owned building at the prices of 1 January 1980 determined by the provisions of Part VII of this Law:

It is further understood that, in the case of a building whose building coefficient has not been exhausted, the Director will determine this proportion, after taking into account the total value of the units that can be built at prices as of January 1, 1980.

CHAPTER 224
Separation of jointly owned premises consisting of separate buildings, etc.
38I.-(1) When jointly owned buildings consist of separate buildings or wings or a complex of buildings located on the same piece of land, are self-contained and have separate entrances, then unless otherwise provided in the Regulations, the owners of the units may, by decision of the owners of at least seventy-five percent (75%) of the jointly owned property, decide that the jointly owned property or any part thereof, located in each building or wing or complex of buildings, shall belong only to the units located therein and that each such building or wing or complex of buildings and the jointly owned property located therein belonging to such units shall be considered as a separate jointly owned building:

It is understood that jointly owned buildings may be separated in the above manner, even if certain services or facilities or other jointly owned property serving them cannot be separated and must remain jointly owned by all the owners. In such a case, such services, facilities or other jointly owned property shall be deemed to belong to all the units in proportion to their share in the jointly owned building in accordance with the provisions of this Law.

(2) No decision to divide a jointly owned building under subsection (1) shall be valid unless approved by the competent authority.

(3) The Director, after being satisfied that the provisions of subsections (1) and (2) have been complied with, shall proceed to the appropriate amendment of the relevant entries.

CHAPTER 224
Expenses for the maintenance, etc. of jointly owned property
38K.-(1) The owners of all units shall participate in the expenses necessary for the insurance, maintenance, repair, restoration and management of the jointly owned property and for the provision of the services specified by this Part or by the Regulations. The proportion of each owner’s share of the expenses shall be determined by the Regulations based on the area of each unit.

(2) If any owner fails or neglects to comply with the requirements of this section, the Management Committee may take any action and incur any expense reasonably necessary for this purpose and may recover by action the amount owed by the offending owner in accordance with the provisions of this Law.

CHAPTER 224
Insurance of jointly owned buildings
38L.-(1) The Management Committee shall insure and keep insured at all times the jointly owned building against fire, lightning and earthquake, with a licensed insurer for the amount that the Management Committee shall consider to correspond to its replacement value. For any other risks, insurance shall be mandatory only if this is decided by an ownership percentage exceeding fifty percent (50%).

(2) The Management Committee shall take out any other insurance required by any other Law.

CHAPTER 224
Partial or total destruction of jointly owned buildings and termination of jointly owned buildings
Partial or total destruction of a unit
38M. In the event of partial or total destruction of a unit for any reason, the owner of such unit, within the absolutely necessary period of time and at his own expense, shall take measures for the reconstruction, repair or restoration of the unit and its restoration to its previous condition. Priority shall be given to the reconstruction, repair or restoration of the parts or areas that affect the unhindered use and enjoyment of the other units or the jointly owned property. A unit owner who fails or neglects to comply with his obligations under this article shall be obliged, in addition to any other obligation or liability imposed on him by or under this Part or the Regulations, to compensate the other unit owners, if due to his negligence or omission the disruption of the free, unhindered and full use of these units or the jointly owned property is prolonged.

CHAPTER 224
Partial destruction of a jointly owned building
38N. In the event of partial destruction of jointly owned property for any reason, the Management Committee, upon receiving the insurance money, will allocate it for the reconstruction, repair or restoration of the jointly owned building.

CHAPTER 224
Total destruction of a jointly owned building
38O.-(1) The jointly owned building is considered to be completely destroyed when the owners of one hundred percent (100%) of the units of the jointly owned property so decide, in a general meeting convened for this purpose.

(2) In the event that a decision is taken, pursuant to subsection (1), according to which the jointly owned building is considered to be completely destroyed, the owners of the units shall decide on the measures to be taken, at a general meeting convened specifically for this purpose. The decision must be taken unanimously.

(3) If the unit owners do not agree under this section regarding-

(a) Whether the jointly owned building will be considered totally destroyed pursuant to subsection (1); or

(b) for the measures to be taken under subsection (2),

An application may be made to the Court for a decision on the above matters and the Court has jurisdiction to issue a decision on the matters in dispute.

(4) The Court shall issue a decision that the jointly owned building is totally destroyed if it is satisfied that, having taken into account the rights and interests of the owners of the units as a whole, it is fair to consider the jointly owned building to be totally destroyed.

(5) If the Court issues a decision that the jointly owned building is totally destroyed or if it issues a decision regarding the measures to be taken under subsection (2), the Court may by order impose such conditions and give such directions, including directions for the payment of sums of money, as it deems appropriate for the equitable distribution of the consequences of the decision among all the owners of the units.

(6) If the Court makes a decision that the jointly owned building is not totally destroyed, it may give any directions it thinks fit, including directions for the reconstruction or restoration, in whole or in part, of the jointly owned building. In the exercise of the powers conferred on it by this subsection, the Court may make such orders as it thinks necessary or expedient for the purpose of carrying out its directions, including orders by which-

(a) The allocation of insurance money in relation to damages to the jointly owned building received by the Management Committee is ordered;

(b) the payment of sums of money is ordered by the owners of the units or one or some of them;

(7) For the purposes of this article, the application may be submitted to the Court by the Management Committee or by a unit owner or any person who has a registered real charge or right.

(8) In the event of an application being submitted to the Court under this article, any licensed insurer who has taken out insurance in relation to the jointly owned building has the right to appear before the Court.

(9) The Court may amend any order made under this section.

(10) Where an application is made under this section, the Court may make such order as to the payment of costs as it may think fit.

CHAPTER 224
Sale of a jointly owned building
38ST. The decision to sell the jointly owned building may be taken by the owners of one hundred percent (100%) of the jointly owned property.

CHAPTER 224
Interest of the owners of the units in the event of destruction or termination of the jointly owned building
38ΙΓ. In the event of total destruction of the jointly owned building, as provided for in article 38ΙΕ, or in the event of sale of the jointly owned building, as provided for in article 38ΙΣΤ, or compulsory expropriation, the respective interests of the owners of the units will be their respective shares in the jointly owned property, as provided for in article 38Θ.

CHAPTER 224
Regulations
38I.-(1) Commonly owned buildings shall be regulated and governed by Regulations to be issued in accordance with the following provisions. These Regulations shall provide for the control, operation, management, administration, use and enjoyment of the units of common ownership and shall regulate the relations between the owners of the units and their rights and obligations with respect to the common building and the common ownership.

(2) The owners of jointly owned building units may draw up Regulations and may amend, revise, replace or revoke them by a decision of the owners of at least seventy-five percent (75%) of the jointly owned property, unless a different percentage is determined by or under this Part in relation to any specific matter.

(3) The model regulations apply with regard to jointly owned buildings for which a building permit has been issued and which have not yet been registered as jointly owned premises in the Land Registry:

It is understood that, after the registration of the jointly owned buildings, the owners of the units may draw up Regulations and amend, revise, replace or revoke them, as provided for in subsection (2).

(4) Regulations made under this Part must be consistent with the provisions of this Law.

(5) No Regulation and no amendment, revision, replacement or revocation of any Regulation shall have the effect that-

(a) To prohibit or restrict the transfer of the units by inheritance or any transfer, lease, mortgage or other transaction in relation to them or to eliminate or modify any easement or right created by or under or consequential to this Law or any other Law;

(b) to terminate, vary or abolish the rights of any unit owner

(c) impose on any unit owner an obligation to pay the nature or extent of which is not specified by or under this Part or the Regulations, unless this is done with the consent of the unit owner.

(d) to designate a certain part of the jointly owned property as limited jointly owned property and to grant it exclusively to a specific unit, unless this is done in accordance with article 38F.

CHAPTER 224
Registration of Regulations and binding nature
38K.-(1) All Regulations made in accordance with the provisions of section 38I and any amendment, revision or replacement thereof shall be registered under subsection (2) and, after such registration, shall be binding on every unit owner and every subsequent unit owner.

(2) The registration of the Regulations or any amendment, revision or replacement thereof shall be carried out after the Management Committee has deposited a duly certified copy thereof with the Director and the Director shall register a note to this effect in the Land Registry.

CHAPTER 224
Model Regulations. Annex
38KA.-(1) Where no Regulations are registered under section 38K, the model regulations set out in the Annex shall be deemed to be registered in relation to the relevant jointly owned building, Regulations.

(2) Where the Regulations registered under section 38K do not provide for any matter, that matter shall be governed by the corresponding provision of the model regulations.

CHAPTER 224
Management Committee of jointly owned buildings
38KB. Every jointly owned building must have a Management Committee for the regulation and management of its affairs. The Management Committee is constituted and acts in accordance with the provisions of this Part and the Regulations.

CHAPTER 224
First Management Committee
38KG.-(1) After a jointly owned building has been registered in the Land Registry, the Director shall, if requested by the owners of the units that applied for registration, appoint in writing a temporary Management Committee of the premises, until the first Management Committee is established under the Regulations. The composition of the temporary Management Committee shall correspond to the recommendation of the owners of the units that applied for registration. If there is no such recommendation, the Director, at his discretion, shall appoint a Management Committee from among the owners of the units of the jointly owned building or, if this is not possible, from other persons, in the latter case he may fix a fee for it.

(2) A Management Committee appointed under subsection (1) shall be deemed for all purposes to be a Management Committee established under the provisions of this Part and the Regulations.

(3) The term of office of a Management Committee appointed under subsection (1) shall expire on the day specified by the Regulations.

CHAPTER 224
Procedure in the event of the absence of a Management Committee
38KD.-(1) If no Management Committee has been established under the provisions of this Part or the Regulations or if the Management Committee has ceased to function, the Director may appoint a Management Committee of the jointly owned building and the provisions of article 38KD shall apply, mutatis mutandis, to its appointment, determination of remuneration and legal status.

(2) Where the Regulations provide for the election of the Management Committee by the general meeting, the Director shall not exercise the powers conferred on him by subsection (1), unless he convenes a general meeting of the owners of the units for the election of a Management Committee and such meeting fails to elect a Management Committee or if he is satisfied that under the circumstances it is not practicable to convene a general meeting.

CHAPTER 224
Management Committee Fee
38K. The remuneration of the Management Committee appointed by the Director under article 38KC or article 38KD shall constitute an expense for the coverage of which the owners of the units are required to contribute under article 38KA.

CHAPTER 224
Responsibilities of the Management Committee
38KST.-(1) The Management Committee shall act on behalf of and on behalf of the owners of the units, shall be responsible for the enforcement of the Regulations, shall have the powers and obligations specified by or under this Part or the Regulations and shall exercise the powers and perform the duties specified by or under them.

(2) Without prejudice to the generality of subsection (1), the Management Committee may-

(a) To sue and be sued in relation to any matter concerning the jointly owned property or the jointly owned building.

(b) to sue for and in relation to any damages or injuries caused to the jointly owned property by any person, regardless of whether that person is a unit owner or not.

(c) to enter into contracts in relation to any matter concerning the maintenance and management of the jointly owned building.

(d) to sue and be sued in relation to any matter concerning the application of the provisions of this Law or the Regulations issued thereunder.

CHAPTER 224
Management Committee Duties
38KZ.-(1) The Management Committee has, among other obligations-

(a) To control, operate, manage and direct the common property and to take any action necessary for the enforcement of the Regulations and the control, operation, management and direction of the common property and for the provision of the services specified by or under this Part or the Regulations;

(b) to maintain in good condition and operability and to maintain the jointly owned property and such other parts of the jointly owned building and the improvements, components and appendices, as may be assigned to it by or under this Part or the Regulations;

(d) to convene a general meeting of the owners of the units at least once a year and any other meeting specified by this Part or the Regulations;

(e) to comply with any notice, order or other decision of any competent administrative body, authority or person regarding the jointly owned property;

(f) to take out any insurance prescribed by or under this Part or the Regulations;

(g) to pay premiums in respect of any insurance taken out;

(h) to dispose of the insurance money received, as determined by or under this Part or the Regulations.

(2) For the purpose of taking out any insurance under subsection 2 of section 381B the Management Committee shall be deemed to have an insurable interest in the replacement value of the jointly owned property and for the purpose of taking out any insurance permitted by or under this Part or the Regulations the Management Committee shall be deemed to have an insurable interest in the subject matter insured.

(3) No insurance permitted by or under this Part and taken out by the Management Committee in relation to the jointly owned building shall be subject to set-off with any other insurance, except insurance permitted by or under this Part or the Regulations in relation to the same building.

CHAPTER 224
Powers of the Management Committee
38KH.-(1) The Management Committee, among others, has the power to-

(a) To establish and maintain a fund which in its judgment is sufficient and which may be used-

(i) For the management costs and for the control, operation, management and administration of the jointly owned property and for the payment of insurance premiums; and

(ii) for the execution or fulfillment of any of its powers, duties or obligations;

(b) to determine from time to time the amounts to be collected for the purposes referred to in paragraph (a) and the time and manner of payment of the amount to be paid under section 38IA by each unit owner;

(d) to recover by action from the owner of the unit any amount of money spent by the Management Committee for repairs or works carried out by it or at its discretion for the purpose of complying with any notice or order of a competent administrative body, authority or person in relation to a part of the building which includes the owner’s unit.

(2) Subject to the provisions of subsection (3), any contribution imposed as provided for in subsection (1) may be required and must be paid after the relevant decision has been taken and the Management Committee may, by action, recover the contribution from the owner of the unit at the time the decision is taken and from the owner of the unit at the time the action is brought, since both are jointly and severally liable.

(3) The Management Committee, upon request of a unit owner or any person authorized in writing by him, shall certify-

(a) The amount of the contribution of the owner of the unit;

(b) the method of payment of the contribution; and

The certification shall constitute prima facie evidence of the matters certified therein for the benefit of any person dealing with that principal.

CHAPTER 224
General meeting of the unit owners
38KTH. If the general meeting of the owners of the units is not convened in accordance with the provisions of the Regulations, the Director may, upon request of any owner of the unit, convene it and determine the matters to be discussed. In such case, the provisions of the Regulations governing the general meeting shall apply as if the meeting had been convened in accordance with these provisions.

CHAPTER 224
Decisions of the unit masters
38L. Every decision of the unit owners taken in accordance with the Regulations and entered in the register of decisions shall be binding on every unit owner whether he was a unit owner at the time of taking the decision or became a unit owner thereafter. Every unit owner may inspect the register of decisions within a reasonable time.

CHAPTER 224
Registration of jointly owned building units and jointly owned property
Registration of a jointly owned building
38LA.-(1) No registration of a jointly owned unit building, jointly owned limited jointly owned property and jointly owned property belonging to the units under this Part shall be carried out without the production of all required documents and the observance of all requirements provided for by this Law or any other Law.

(2) The registration of a jointly owned building in the Land Registry shall be carried out upon an application submitted by the owner of the building or the owners of the units that comprise it. In the event of refusal by any of them, the application shall be submitted by any of the owners. In such case, the Director shall have the power to conduct an investigation and register the building as a jointly owned building, if he is satisfied in this regard.

For registration in the Land Registry, the Director shall register the jointly owned building as a jointly owned building and shall register each unit and the limited jointly owned property granted exclusively to it and the share in the jointly owned property belonging to it, as specified in this Part. For this purpose, the relevant provisions of this Law shall apply, unless special provision is made in this Part with respect to any matter.

CHAPTER 224
Reservation and transitional provisions
38LB. A building registration made before the entry into force of this Part under article 6 shall be valid and effective as if this Part had not entered into force:

It is understood that the provisions of articles 38L to 38L, both inclusive, shall apply, mutatis mutandis, to buildings registered before the entry into force of this Part under article 6, as if they had been registered under this Part.

CHAPTER 224
Regulations
Regulations
38LG.-(1) The Council of Ministers may issue Regulations and publish them in the Official Gazette of the Republic for the better implementation of the provisions of this Part.

(2) Without prejudice to the generality of subsection (1), any such Regulations may provide for all or any of the following matters:

(a) The determination of any type of application, notice or other document permitted or required under the provisions of this Part.

(b) the determination of fees or charges in relation to any document or matter under this Part;

(c) generally for the better implementation of the provisions of this Law and the determination of any issue or matter that needs or is capable of being determined under the provisions of this Part.

CHAPTER 224
PART III REGISTRATION
Real estate registration provinces

The provinces established under the Administrative Regions Law are provinces of registration of immovable property for the purposes of this Part.

CHAPTER 224
Validity of certain acts affecting real estate
40.-(1) No transfer or encumbrance on immovable property shall be valid or enforceable unless it is registered or recorded in the District Land Registry Office.

(2) No transfer affecting or voluntary encumbrance affecting any immovable property shall be effected at the District Land Office by any person unless that person is the registered owner of such property:

It is understood that the executor or administrator of the estate of a deceased person is deemed, for the purposes of this subsection, to be the registered owner of any immovable property registered in the name of the deceased.

CHAPTER 224
Registration of real estate in the name of a religious minister
41.-(1) (a) Any immovable property belonging to or connected with a religious organization on the date of the commencement of this Law, which is not already registered in its name, and any immovable property which, although registered in the name of a person, is held on the said date for or on behalf of a religious organization, may be registered in the name of such organization:

It is understood that the organization must submit an application for such registration of the property to the District Land Office before eight years have passed from the said date, and when the Director so requires, it must pay the fees prescribed for on-site investigation.

(b) With the exception of immovable property, to which the provisions of subsection (2) of section 22 apply, immovable property belonging to or connected with a religious organization or constituting a church, even a dilapidated church, churchyard or other place of worship of the said organization and which, on the date of entry into force of the Immovable Property (Occupation, Registration and Valuation) (Amendment) (No. 3) Law of 2010, is not already registered in the name of such organization, as well as immovable property which, although registered in the name of a specific person, is held by or on behalf of a specific religious organization on the above date, may be registered in the name of such organization, subject to the provisions of paragraph (c) of this subsection, as well as the provisions of subsection (1A).

(c) The interested religious organization must submit an application to the District Land Registry Office for the registration of the property, which may be registered in its name under paragraph (b), within two (2) years from the date of entry into force of the Immovable Property (Occupation, Registration and Valuation) (Amendment) (No. 3) Law of 2010, by paying the fees prescribed therefor and in addition:

(i) to pay the prescribed fees for the necessary on-site investigation, in the event that the immovable property is located within the areas controlled by the Republic and the cadastral registers or other books are available at the District Land Office; or

(ii) in all other cases and when the necessary on-site search and access to the relevant land registers or other books becomes possible, to pay the prescribed fees for the said on-site search:

It is understood that in the case referred to in subparagraph (i) of this paragraph, the application must be specific, with reference to the full details of the immovable property, and, in the case referred to in subparagraph (ii) of this paragraph, the application may be general, with reference to the municipality, community, parish and/or province where the immovable property is located.

(1A) In the event of an application submitted by a religious organization for the registration of immovable property in its name, pursuant to paragraph (b) of subsection (1), the following procedure shall be followed after the on-site investigation:

(a) The religious organization shall cause to be posted in a conspicuous place in the municipality, community or parish where the real property is located, where notices addressed to the public are usually posted, and shall then publish in two (2) daily newspapers, one of which shall be designated by the Director and the other of his own choice, a notice which includes-

(i) description of the real estate,

(ii) the name of the religious organization, in which the immovable property is to be registered, informing the public of the Director’s intention to register the said property in the name of the religious organization.

(b) Any person may, within sixty (60) days from the date of the last publication of the notice, file an objection, paying the necessary fees for this purpose, and present the reason why the intended registration in the name of the religious organization should not be made.

(c) If, within the period specified in paragraph (b), any objection is submitted, then the Director shall not proceed with the registration of the immovable property in the name of the religious organization, unless a Court Order is presented to him, recognizing that the said organization is entitled to be registered as the owner of such property.

(d) If no objection is submitted within the period specified in paragraph (b), the Director, subject to any other conditions under any law, shall proceed with the registration of the immovable property in the name of the religious organization concerned.

(2) After the expiry of the period referred to in subsection (1) no claim of title over or in relation to any immovable property by any religious organisation shall be valid or shall be accepted or recognised by any Court or District Land Office unless the organisation files with the document of claim a certificate from the Director that the organisation has applied to the District Land Office within the period referred to in subsection (1) for the registration of the property in its name, and, when so required by the Director, has paid the prescribed fees for on-site investigation:

It is understood that none of the provisions contained in this subsection shall apply to any immovable property which is already registered in the name of the religious organization or which was legally acquired by such organization by transfer from a registered person after the entry into force of this Law.

(3) No transfer duty shall be imposed on the registration of any immovable property in the name of a religious organization, upon transfer by a registered person who held the property for or on behalf of the organization.

(4) Any transfer affecting or voluntary encumbrance affecting immovable property registered in the name of a religious organization may be declared to the District Land Office by the head of the organization or by its duly authorized representative.

CHAPTER 22482(I)/2010
Compulsory registration of unregistered property

When immovable property is not registered in the name of the person entitled to be registered as its owner, the Director may, subject to the provisions of article 44, compel the registration of such property in the name of such person.

CHAPTER 224
General registration
43.-(1) The Director may order that all immovable property in any town, village or parish or any specified part thereof, or any particular kind of immovable property listed in the definition of the words “immovable property” in section 2, be registered in the name of the respective owners thereof:

It is understood that no general registration shall be carried out of any such property where a general registration thereof has already been carried out either under the provisions of this Law or under any other Law which this Law repeals.

(2) Where any immovable property in any town, village or parish or any specified part thereof for which the Director has ordered a general registration to be made is already registered on the date of such order, the Director may correlate the registration of such immovable property with the plan used as the basis of the general registration and may proceed to a new issue of such registration for a more precise determination of such property or for greater clarity including a different description of the boundaries, area or registration number:

It is understood that this new issuance shall not be carried out unless the Director includes in the statement to the community manager as provided for in article 45, details of the properties affected by it.

It is further provided that no fee shall be imposed for any such new issue.

CHAPTER 224
Procedure in individual cases
44.-(1) Where the Director intends to compel the registration of any immovable property in the name of any person under the provisions of section 42, he shall give notice to that effect to that effect, calling upon him to cause such property to be registered in his name within sixty days from the date of service of the notice or to show cause why such registration should not be effected. A notice to that effect shall also be posted.

(2) Every such notice shall include a description of the immovable property, its extent, boundaries, location, value, the share, interest and name of the person entitled to be registered and the grounds on which the right to register arose together with a statement of the fees to be paid in connection with the registration.

CHAPTER 224
General registration process

If the Director, under section 43, orders that a general registration of the whole or a specified part of the immovable property in any town, village or parish be carried out, he shall furnish the community manager of the town, village or parish with a plan of the land of the town or village or the specified part thereof and the various plots as surveyed together with a statement containing a description of the various plots, the area, boundaries, location, value thereof, the share, interest and name of the person entitled to be registered and the grounds on which the right to register arose together with a statement of the fees to be paid in connection with the registration and for this purpose the following provisions shall apply:

(a) The Director shall publish in the Official Gazette of the Republic and in such other newspaper as the Director may deem necessary, a notice informing the public that a general registration is to be held and giving particulars of the area in relation to which the notice is given, and that the plan and particulars relating to such property have been given to the community manager, and shall call upon all landlords generally to show cause within sixty days from the date of publication of the notice in the Official Gazette of the Republic why the property appearing to belong to each of them in the list of particulars given to the community manager should not be registered in his name or why a new issue should not be made in accordance with such particulars;

(b) any person having an interest in any immovable property to which this notice relates may at all reasonable times inspect the plan and statement of details and the community manager who is responsible for such plans and details shall at all reasonable times allow any such person to obtain an extract from them or a copy thereof free of charge.

CHAPTER 224
The Director may register in the event of failure of an unregistered owner to register
46.-(1) If within the period specified in section 45 an objection is made but the Director is of the opinion that registration should nevertheless be effected in the name of the person shown in the notice or in the statement of particulars, he shall give notice to that effect to the objector who may within thirty days from the date of such notice apply to the Court for a declaration that he is the person entitled to be registered in place of the person intended to be registered and give the Director notice of his application. If the objector does not so apply, the Director may register the property in the name of the person shown in the notice or in the statement of particulars.

(2) If an owner affected by a notice given by the Director under section 44 or 45 fails to comply with it within the period referred to therein, the Director may proceed to register such property in the name of such owner or to proceed to issue such new title.

CHAPTER 224
Fees in case of compulsory registration
47.-(1) The registration fee shall be paid in three equal annual installments, the first of which shall be paid on the 13th day of March immediately following the date of registration and the remaining two on the 13th day of March of each of the following years, and any such installment may be collected in the manner provided for by the Tax Collection Law.

(2) The registration fee constitutes a real burden on the immovable property to which it relates and has priority over all other real burdens and encumbrances, regardless of whether they arose before or after the date of registration and when the property is to be sold in satisfaction of another real burden or encumbrance, the sale is subject to a reserve price which must not be less than any balance of the registration fee which has not been paid, regardless of the fact that the said balance has not become due and payable.

(3) Where an application is made for the transfer or mortgage of property subject to the payment of a registration fee before its full collection, such transfer or mortgage shall not be effected except upon payment of any balance of the fee which has not been paid, regardless of the fact that such balance has not become due and payable.

(4) For the purposes of subsections (1), (2) and (3), “registration fee” includes the fee paid in relation to the issue of a registration certificate under any law for the time being in force.

CHAPTER 224
Payment of fee in case of voluntary registration is postponed in certain cases

When immovable property is not registered in the name of its owner and an application is submitted to the District Land Office for the property to be so registered, the Director may register it in the name of the owner without requiring the advance payment of the registration fee, and upon the registration of the property the provisions of article 47 shall apply to it as they also apply to registrations carried out under articles 42 to 46, both inclusive.

CHAPTER 224
Registration of property registered in the name of a deceased person in the name of persons claiming title to it
49.-(1) Where an application is made for the registration of immovable property in the name of a person claiming to be entitled to it and such property is registered in the name of a person who has died, the Director may register the property in the name of the person so entitled, upon production of a written consent of the heirs of the person in whose name the property is registered duly certified:

Provided that where in the opinion of the Director such consent is unreasonably withheld or is impossible or impractical to obtain, the Director may, at the expense of the applicant, in lieu of such consent publish in such newspaper as he may deem appropriate and also post a notice which includes-

(a) Description of the property;

(b) the name of the person who is registered;

and to call upon any person having an interest in the property to show cause within sixty days from the date of publication of this notice why the intended registration should not be carried out.

(2) If no objection is filed against the intended registration within the aforementioned period, the Director may, subject to the provisions of subsection (4), proceed to register the property accordingly.

(3) If within the aforesaid period any objection is made but the Director is of the opinion that the registration should nevertheless be effected, he shall give notice thereof to the objector who may, within thirty days from the date of such notice, apply to the Court for a declaration that he is the person entitled to registration in place of the person intended to be registered and give the Director notice of his application. If the objector does not so apply, the Director may register the property in the name of the person entitled to it.

(4) Where an heir of the person in whose name the property is registered is absent from Cyprus, no registration which the Director considers to be adverse to the interests of the absentee shall be made under this section, unless thirty years have elapsed from the date of the death of the registered person.

CHAPTER 224
How to determine the area of registered land

The area of land covered by a title registration on immovable property is the area of the plot with which the registration may be associated on any Government survey plan or on any other plan drawn up to scale by the Director:

It is understood that when the registration cannot be associated with any such plan, this area is the area of land to which the title holder is entitled due to hostile occupation, purchase or inheritance.

CHAPTER 224
Adoption of new plans
50A.-(1) The Director may order the adoption of new plans for any town, village or parish, or for any part of a town, village or parish specified by him, in replacement of the plans in use, whether such new plans (hereinafter in this section referred to as “the new plans”) are on the same scale as those to be replaced or on a different scale.

(2) When, pursuant to subsection (1), the adoption of new plans is ordered, the Director shall furnish the president of the relevant community with a copy of each of the plans currently in use and with a copy of the new plan to be adopted in its place and with a list showing the number and area of each piece of immovable property on the first copy and the corresponding number and area of the piece on the second, and the following provisions shall apply:

(a) The Director shall publish in the Official Gazette of the Republic and in at least two daily newspapers circulating within the area in respect of which the adoption of new plans is intended and shall post in conspicuous places within that area a notice informing the public of the intended adoption of new plans, specifying the area in respect of which the adoption of the new plans is intended and stating that both the aforementioned plans and the aforementioned list have been submitted to the President of the relevant community and shall invite every owner of immovable property located within the aforementioned area to show cause for the non-adoption of the new plan in respect of his immovable property within sixty days from the last publication of the notice;

(b) any person having a legal interest in any immovable property situated within the area specified in the notification may inspect at all reasonable times the plans and list referred to, and the chairman of the relevant community is obliged to allow the inspection thereof at any such time and the copying of anything contained therein without any charge.

(3) If any objection is submitted within the period provided for in paragraph (a) of subsection (2), the Director shall consider it and communicate his decision thereon by notice served on the person submitting the objection and on any other person whose legitimate interests may be affected by the objection or by the decision thereon.

(4) After the expiry of the period provided for in subsection (2) of this section or, as the case may be, the period provided for in section 80, the Director shall proceed to adopt the new plans, as they may have been amended by him after the submission of an objection under subsection (3) or, as the case may be, as they may have been amended by a court order issued under section 80, and when any immovable property in the relevant area is already registered in the land register, the Director may relate its registration to the new plan, by amending or correcting the land register and any other cadastral book or record and the certificate of registration of such immovable property without imposing any right or fee:

It is understood that when this article is applied to areas where the cadastral register and other cadastral books are illegally retained and are not under the control of the Republic of Cyprus, the Director may associate any registration with the new plan as soon as it becomes possible to possess the relevant cadastral register or other cadastral book.

CHAPTER 224
Register and other books

In each District Land Office there are kept-

(a) a separate Land Registry for each province, municipality and community, or if the Director so directs, for any parish of a municipality or community in such form as he may determine, in which all registrations and transfers of immovable property shall be recorded;

(b) such other books and summaries as the Director may deem necessary.

CHAPTER 22427(I)/2010
Providing information
51A.-(1) The Director shall provide to any interested person, upon payment of the prescribed fee, any information in relation to any entry in any register or other book kept in any District Land Office.

(2) For the purposes of subsection (1), “interested person” means the owner, his general and special successors, the owner of any trees, buildings or other objects on land belonging to another person and vice versa, the beneficiary of any right or interest in immovable property, the person who satisfies the Director that he is an intended purchaser or mortgagee, the plaintiff in any action against the owner of such property, the professional valuer who would like certain information for the purposes of valuing certain immovable property in a case relating to compulsory expropriation as well as a lawyer who has been proven to have been assigned by any of the aforementioned persons to request any information relating to any registration under subsection (1) and includes any person not so specified to whom the Director may specifically order the provision of any information. information.

(3)(a) The Director may immediately provide, to a credit institution, information relating to immovable property registered in the name of a specific natural or legal person or information relating to a specific property, upon request of the credit institution.

(b) A credit institution requesting information, in accordance with the provisions of paragraph (a), shall state in its application the reasons from which its right to receive the said information as an interested person derives, and the Director shall provide the information to the credit institution immediately without the simultaneous verification of the reasons stated in its application:

It is understood that the credit institution must immediately inform in writing the person for whom it requested information regarding his real estate property from the Director and simultaneously record the reasons he has given in his application.

(c) A credit institution may make use of the provisions of paragraph (b), after having previously obtained the relevant permission from the Director.

(d) The Director shall, ex post, carry out frequent sample checks in order to ascertain the validity of the reasons put forward, as provided for in paragraph (b), in the applications of credit institutions and for this purpose the Director shall, by registered letter, request from a credit institution and the credit institution shall be obliged to send, within one (1) month from the date of receipt of this letter, the evidence of the reasons invoked for obtaining information and which make it an interested person, in accordance with subsection (2), as well as a copy of the information letter sent to the person for whom information concerning his immovable property was requested, as provided for in the proviso to article 51A(3)(b):

It is understood that a person for whom information concerning his real estate has been requested may submit a written request to the Director to conduct a post-clearance check regarding whether the credit institution had valid reasons to obtain the specific information, for a specified fee:

It is further understood that, in such a case, the Director must inform this person in writing of his findings and his decision as to whether any reason existed for the credit institution to become an interested party with regard to the receipt of the information that it requested and received from the Director.

(e) In the case of a credit institution that does not send the evidence within the prescribed deadline as provided for in paragraph (d), the Director shall withdraw for a period of up to two (2) years the relevant license granted to it in accordance with paragraph (c) and/or impose an administrative fine not exceeding the amount of two hundred and fifty thousand (€250,000) euros and shall notify the credit institution accordingly by registered letter.

(f) In the event that, from the information provided by the credit institution, or due to the sample check carried out by the Director on a person for whom information regarding his real estate has been requested, it is established that there was no reason to make him an interested person to receive the information requested and received from the Director, then the credit institution is notified, by registered letter, of the Director’s decision to withdraw the relevant license, for a period of up to two (2) years and/or the imposition of an administrative fine not exceeding the amount of two hundred and fifty thousand (€250,000) euros.

(g) In cases where the license is withdrawn in accordance with the provisions of paragraphs (e) and (f) and the credit institution, during or after the lapse of the period for which the license has been withdrawn, resubmits an application for the issuance of a license provided for in paragraph (c), the Director, when issuing the license, may include in it any conditions or restrictions regarding the provision of real estate information to the institution in question.

(4) For the purposes of subsection (3), the phrase “credit institution”, where it occurs, includes a person who provides to the Director, upon his request for information, a certificate from the Central Bank of Cyprus that-

(a) [Deleted]

(b) manages credit facilities, as-

(i) operates as a credit facility manager under the provisions of the Law on Purchase and Sale of Credit Facilities and Related Matters; and

(ii) has entered into, in accordance with the provisions of article 4B of the Law on Purchase and Sale of Credit Facilities and Related Matters, a credit facility management agreement, as this term is defined in article 2 of the said Law; and

(iii) operates, based on the credit facility management agreement, in the categories defined in paragraphs (a) and/or (b) and/or (c) of the definition of the term “credit facility management activities”, as this term is defined in article 2 of the Law on Purchase and Sale of Credit Facilities and Related Matters; and

(iv) has concluded, in accordance with the provisions of article 4B of the Law on Purchase and Sale of Credit Facilities and Related Matters, a personal data processing agreement, as this term is defined in article 2 of the said Law:

It is understood that the provisions of subparagraphs (ii) and (iv) do not apply in the event that a buyer of credit facilities, as this term is defined by article 2 of the Purchase and Sale of Credit Facilities and Related Matters Law, chooses to manage the credit facilities it holds itself, subject to the provisions of subsection (1) of article 4A of the same Law; or

(i) It operates as a credit manager under the provisions of the Credit Managers and Credit Buyers and Related Matters Law;

(ii) has entered into a credit facility management agreement with a credit purchaser, in accordance with the provisions of article 12 of the Credit Managers and Credit Purchasers and Related Matters Law, as this term is defined by article 2 of the said Law;

(iii) operates, pursuant to the credit facility management agreement referred to in subparagraph (ii), in the categories defined in paragraphs (a) and/or (b) of the term “credit management activities”, as this term is defined by article 2 of the Credit Managers and Credit Purchasers and Related Matters Law; and

(iv) has concluded with the credit purchaser, with whom it has entered into a contract as referred to in subparagraph (ii), a personal data processing agreement, as this term is defined by article 2 of the Credit Administrators and Credit Purchasers and Related Matters Law:

It is understood that the provisions of subparagraphs (ii) and (iv) do not apply in the event that a credit purchaser, as this term is defined by article 2 of the Credit Managers and Credit Purchasers and Related Matters Law, chooses to manage the credit facilities it holds itself and for this purpose is licensed as a credit manager pursuant to the provisions of subsection (6) of article 8 thereof.

(5) Subject to the reservations of paragraphs (b) and (c) of subsection (4), the Central Bank of Cyprus shall grant the certificate provided for in subsection (4), only in the event that all the conditions provided for in paragraphs (b) or (c) of subsection (4), as the case may be, are cumulatively met, and the certificate shall be granted within fifteen (15) days of receipt of the relevant request, with notification to the Director.

(6)(a) Notwithstanding the provisions of this Law, persons who have access to the information provided for in subsection (3) by virtue of the provisions of paragraph (a) of subsection (4), may continue to receive information for a period of six (6) months from the date of entry into force of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 2024:

It is understood that, after the expiry of the above period, such persons may continue to receive information under the provisions of this Law only if they have in the meantime submitted to the Director the certificate provided for in subsection (4) from the Central Bank of Cyprus.

(b) Persons who, until the date of entry into force of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 2024, have access to the information provided for in subsection (3) by virtue of the provisions of paragraph (b) of subsection (4) are entitled to continue to receive the said information, without the re-submission of the certificate provided for in subsection (4) from the Central Bank of Cyprus.

CHAPTER 224155(I)/2013130(I)/2022124(I)/2024
Registration certificate

Every certificate of registration shall include such particulars and be of such form as the Director may determine.

CHAPTER 224
Separate certificate for co-owners

The Director may require any co-owner of immovable property to obtain a separate registration certificate for his share thereof and to pay the registration fee required for this purpose.

CHAPTER 224
Director’s authority to register shares

When immovable property is held in indivisible ideal shares and an application is submitted by one of the co-owners for the registration of his share therein, the Director may register all the shares in the property.

CHAPTER 224
Registration of easement in the Registry and in a registration certificate

When any land is subject to or enjoys any right, privilege, freedom, easement or other advantage, as provided for in article 12, this shall be registered upon application by any person having an interest in the Land Registry and in the certificate of registration relating to such land.

CHAPTER 224
Registration certificate to include certain properties

From and after the date of entry into force of this Law, every registration made and every certificate issued in relation to any transfer of land or building or any induction thereof by hereditary succession shall be deemed to include every immovable property relating thereto to which the transferor or the deceased was entitled.

CHAPTER 224
No separate registration for anything standing on earth

From and after the commencement of this Law no separate registration for anything standing, planted or erected thereon or for any right attached to the land or to which the land is subject shall be made separately from such land, except when such thing or right belongs to a person other than the owner of the land.

CHAPTER 224
Resolving border disputes
58.-(1) When any dispute arises as to the boundaries of any registered land, the Director shall, in the first instance, resolve such dispute after giving the parties at least fourteen days’ notice, informing them of the time at which the disputed boundaries will be inspected, and no Court shall entertain any suit or other proceeding in respect of such dispute unless it has been resolved in the first instance as provided in this section.

(2) The Director may decide on the dispute in the absence of any party notified as provided for in subsection (1).

(3) As soon as the Director has decided on a boundary dispute, he shall give notice of his decision to the parties to the dispute and shall place such landmarks as he may deem appropriate to indicate the boundary line as decided by him and shall make such measurements and notes as may be required to verify the position of the landmarks.

(4) The cost of placing the landmarks shall be borne by the party which, in the opinion of the Director, is in an unfair position and this cost may be collected in the manner provided for by the Tax Collection Law.

CHAPTER 224
Lost or destroyed certificates

In the event of proof to the satisfaction of the Director that any certificate issued by him relating to immovable property has been lost or destroyed, or is unlawfully retained by the person entitled thereto, he may, on payment of the prescribed fee, issue another certificate to the person entitled thereto, and the Director for this purpose shall make an entry in the Register for the issue of another certificate and any such certificate shall be valid and effective for all purposes.

CHAPTER 224
Power to require information, etc., in relation to immovable property

Subject to the provisions of this Law, the Director may by notice require any owner or other person applying for registration of immovable property or any owner, mortgagee or other person having an interest in any immovable property in relation to which any transfer, mortgage or other encumbrance is to be registered or registered-

(a) to appear before him at such reasonable time and place as may be specified in the notice and to give such relevant information as he may possess;

(b) to produce all relevant documents in his possession or control.

CHAPTER 224
Power to correct errors and omissions
61.-(1) The Director may correct any error or omission in the Land Registry or in any book or plan of the District Land Office, or in any certificate of registration, and any such Register, book, plan or certificate of registration so corrected shall have the same validity and effect as if such error or omission had not been made.

(2) When, due to an error, omission, false statement or false representation made in good faith or fraudulently, any entry is made in any book of a District Land Office, the Director may, after ascertaining the true facts, proceed to cancel such entry as well as any certificate relating to such entry.

(3) No amendment, correction or cancellation shall be made under the provisions of subsection (1) or (2) unless thirty days’ prior notice is given by the Director to any person who may be affected thereby, and any person may, within the period of thirty days from the date on which such notice was given, lodge an objection with the Director who shall thereupon consider it and give notice of his decision thereon to the objector.

CHAPTER 224
Seals
62.-(1) Each District Land Office shall have a seal of such type as may be approved by the Council of Ministers.

(2) The seal shall be in the custody of such officer as the Director may appoint, and shall be affixed by him to every document issued by the office.

CHAPTER 224
Community leader to report the death of a property owner

In the event of the death of any person who owns any immovable property, or who is beneficially interested in it, the community leader of the city, village or parish where the deceased person had his last residence has a duty to report such death immediately to the District Land Office of his district.

CHAPTER 224
Community officials’ fees

The Director may grant to any community leader who reports a death as required by section 63 an entitlement not exceeding one hundred mils.

CHAPTER 224
Judicial proceedings concerning claims over real estate
65.-(1) When a suit or other proceeding is instituted in any Court by which title to immovable property is claimed, the Registrar of the Court shall require the plaintiff or applicant to furnish him with a certified copy of the writ of summons or other document by which the claim was made and the Registrar shall send this to the District Land Office for the information of the Director.

(2) A certified copy of a decision or order of the Court constitutes sufficient authorization for the Director to make the entries or changes required by the decision or order upon payment of the fees specified.

CHAPTER 224
PART IV REGISTRATION OF LEASE
Interpretative provision
65A.-(1) In this Part, unless the context otherwise requires-

(a) “state immovable property” includes any immovable property which may be leased under the provisions of article 18;

(b) the terms “prohibition”, “competent District Land Office”, “encumbrance”, “transfer” and “mortgage” have, mutatis mutandis, the meanings respectively attributed to them by the Transfer and Mortgage of Real Estate Law.

(2) For the purposes of this Part the terms “lessor”, “lessee” and “lessee” include, unless the context otherwise requires, the respective heirs, personal representatives, administrators, guardians and trustees of such persons, and the guardians of the estates of such persons, and also-

(a) In the case of a lessor, the respective owner of the immovable property leased;

(b) in the case of a tenant or subtenant, the respective owner of the property

right acquired by registering the lease or sublease, as the case may be.

(3) For the purposes of this Part, the term “displaced persons” includes other beneficiaries of housing assistance under article 7 of the Provision of Housing Assistance to Displaced Persons, Sick Persons and Other Persons Law.

CHAPTER 224120(I)/2007
Registration of certain leases
65B.-(1) Where immovable property is leased for a period exceeding fifteen years, no right in rem shall be acquired by the lease unless, subject to the provisions of this Part, it is registered in accordance with the provisions of this article:

It is understood that, a lease agreement of state property between the Government as owner and lessor and a lease agreement of Turkish Cypriot property between the Guardian as lessor and a displaced person as lessee for the purposes of his housing, as well as a lease agreement of Turkish Cypriot immovable property between the Guardian as lessor and a displaced person who was alive on or after 7 April 2006 as lessee for the purposes of his housing and which concern a residential unit which was built in a government settlement and a lease agreement of state property between the Government as owner and lessor and a lease agreement of Turkish Cypriot property between the Guardian as lessor, as well as a lease agreement of Turkish Cypriot property between the Guardian as lessor and a displaced person who died after 20th July 1974, as a tenant, for the purposes of his own housing, and which concern a residential unit which was built in a self-housing settlement, or an existing individual residence which was erected by a displaced person on Turkish Cypriot or state land during the period of the disorderly situation, as a result of the Turkish invasion and until the year 1980, may be registered, even if the lease period as determined does not exceed fifteen (15) years, but is determined to last throughout the period of the disorderly situation, as a result of the Turkish invasion, and until the tenant’s return to the place from which he was displaced or to his place of origin, in the event that the tenant was born after the Turkish invasion:

It is further understood that, in the event of a lease agreement for state-owned immovable property between the government, as owner, lessor, and a displaced person, as lessee, for the purposes of housing or self-housing, who was alive on or after 7 April 2006 and the lease agreement concerns a residential unit built in a government settlement, and who was alive after 20 July 1974 and the lease agreement concerns a residential unit built in a self-housing settlement, partly on state-owned land and partly on Turkish Cypriot-owned land, the stipulated rent shall not be collected nor shall it be deemed to be due:

It is further understood that, in the event of the death of the displaced person who built an individual residence on Turkish Cypriot land, the lease right for the residential unit he occupied on the date of his death is subject to inheritance.

(2) For the registration of a lease under this article, the following shall be brought to the competent District Land Office:

(a) A copy of this contract bearing the signatures of the lessor and the lessee and the legally certified authenticity thereof;

(b) the registration certificate of the leased immovable property or Turkish Cypriot property for the purposes of housing or self-housing of displaced persons, such as the lease agreements referred to in the proviso to subsection (1) of this article or a certificate of search in the Land Registry proving such registration:

It is understood that no such certificate is required to be produced in the event of leasing state real estate or Turkish Cypriot real estate, for the purposes of housing or self-housing of a displaced person;

(c) if only part of an immovable property is leased, a spatial plan issued by the Director upon payment of the statutory fee and showing the property being leased; and

(d) any other document or information that may be reasonably required by the Director.

(3) Subject to the provisions of subsection (4), the Director shall ensure that, upon the production of the documents referred to in subsection (2) and after notifying the other party thereof, the specified particulars are recorded in a book kept for this purpose (which shall hereinafter in this Part be referred to as the “Lease Registration Register”) and a certificate of registration of the lease in the prescribed form is issued and, except in the case of a lease of unregistered state immovable property as well as unregistered Turkish Cypriot immovable property leased by the Guardian for the purposes of housing or self-housing of displaced persons, such reference to the registration made in this manner is noted against the relevant registration of the immovable property in the Land Registry and, where possible, on the relevant registration certificate of the immovable property.

(4) No lease shall be registered under subsection (3)-

(a) if the lease agreement is not a valid contract in accordance with the provisions of section 77(1) of the Contracts Law;

(b) if the lease agreement does not expressly provide for registration of the lease under this article;

(c) except in the case of the lease of state immovable property, or Turkish Cypriot immovable property leased as referred to in the first proviso to subsection (1) of this article, if the immovable property leased is not registered in the Land Registry in the name of the lessor on the date of the submission of the documents referred to in subsection (2) to the District Land Registry Office;

(d) if only part of an immovable property is leased and such lease entails the division of said immovable property in a manner that is not consistent, mutatis mutandis, with the provisions of article 27 and/or with the provisions of the Roads and Buildings Regulation Law, as the case may be:

It is understood that the provisions of this paragraph do not apply in cases of a lease agreement for state immovable property between the government, as owner-lessor, or a lease agreement for Turkish Cypriot immovable property between the Guardian, as lessor, and a displaced person, as lessee, for the purposes of housing or self-housing;

(e) if the immovable property being leased consists of an indivisible ideal share and the registered owners of the other shares in the same property do not participate as lessors in the same lease agreement, unless any such share remaining from the whole belongs by ownership to the lessee and is registered in his name;

(f) if the lessor is under a ban:

It is understood that none of the provisions contained in this paragraph shall affect the powers of any person authorized, under or by virtue of the provisions of any law for the time being in force, to lease immovable property registered in the name of a person who is under a ban;

(g) if the immovable property being leased is subject to a lien, unless the written consent of the person for whose benefit this lien operates is provided, and if this is a mortgage and of any guarantor:

It is understood that in cases of leasing Turkish Cypriot real estate, in accordance with the first proviso to subsection (1) of this article, consent shall be given by the Guardian.

(h) if the lease agreement does not provide for certain starting dates (immediately or at any later time from the date of signing the relevant agreement or subject to the occurrence of a certain event) and expiry dates of the lease period, even if such expiry is subject to the occurrence of a certain event, provided that it may include a provision for renewal of the lease for a further period or periods that are clearly defined, but without the possibility of renewals indefinitely;

(i) if the statutory fees and rights for the registration of the lease and the issuance of the relevant certificate of registration thereof are not paid, except in the cases of leases of immovable property which may be registered in accordance with the first proviso to subsection (1) of this article for which no registration rights shall be paid:

It is understood that the exemption from registration fees referred to in this paragraph includes both the fees for registering the lease agreement, as well as the fees for issuing a registration certificate for the lease agreement and the relevant cadastral plan, where this is required.

(j) if on the date of submission of the application for registration of the lease, the period of such lease that has not yet expired together with any further periods clearly provided for in the relevant contract or period of renewal or extension of the contract does not exceed fifteen years:

It is understood that a lease of immovable property, as referred to in the first proviso to subsection (1) of this article, may be registered, even if the unexpired period does not exceed 15 years.

(5) Any lease agreement of state immovable property between the Government, as owner, lessor or any lease agreement of Turkish Cypriot immovable property between the Guardian, as lessor, and a displaced person, as lessee, for the purposes of housing or self-housing, shall be deemed, in so far as its submission for registration purposes, in accordance with the provisions of this Part, to be not subject to stamp duty under the Stamps Law.

CHAPTER 224120(I)/2007121(I)/200741(I)/201567(I)/201678(I)/2018107(I)/2023
Legal consequences of registration
65C.-(1) Upon the registration of a lease in accordance with section 65B, the lessee acquires a real right over the immovable property leased in relation to which the registration was made, over any other related immovable property of the lessor such as those referred to in sections 22 and 23 and over any thing which during the period of the lease may be planted, constructed, built or attached to the immovable property leased.

(2) The real right referred to in subsection (1) is subject to the conditions set out in the lease agreement, and subject to compliance with them, it may be transferred or subleased as provided for in article 65D and may be inherited, encumbered or compulsorily sold:

It is understood that the reference in the subsection to the terms contained in the lease agreement does not affect in any way the encumbrance, based on or by virtue of the provisions of any laws in force at any time, otherwise or by mortgage, or forced sale of the real right acquired by the registration of the lease agreement.

CHAPTER 224
Registration of transfer or sublease of a real right
65D.-(1) Where a right in rem acquired under a lease agreement registered in accordance with section 65B is, subject to the terms of the agreement referred to, transferred or sub-leased for a period exceeding fifteen years, such transfer or sub-lease shall not be deemed to create any right in rem unless it is registered in accordance with subsection (3).

(2) Registration of the transfer or sublease of a real right referred to in subsection (1) shall not be carried out-

(a) if according to the terms of the lease agreement such transfer or sublease is prohibited;

(b) if according to the terms of the lease agreement such transfer or sublease is permitted only with the written consent of the lessor, and he either refuses to give such consent or is of unknown residence:

It is understood that in any such case the lessee may apply to the Court, and the Court, after executing any order which it may deem fit to issue for the service or publication of notice to the lessor, may order that the transfer or sublease be registered without the production of the consent aforesaid;

(c) if, mutatis mutandis, the conditions referred to in paragraphs (a) and (c) to (i) of subsection (4) of article 65B are met;

(d) if the statutory fees and charges for providing the notification provided for in subsection (4) are not paid.

(3) Subject to the provisions of subsection (2), the registration of the transfer or sublease referred to in subsection (1), as well as the registration of any transfer as a result of inheritance or, as the case may be, compulsory sale of a real right acquired under this Part, shall be carried out in accordance with the provisions of section 65B which, mutatis mutandis, shall also apply to the registration of any such transfer or sublease as they apply to the registration of the original lease.

(4) By making a registration as described in subsection (3), the Director shall notify the owner of the immovable property concerned of the fact.

CHAPTER 224
Legal consequences of transfer, etc., or sublease of a real right
65E. In the event of inheritance, forced sale or, as the case may be, registration of a transfer of a real right in accordance with article 65D, this real right shall pass to the licensee for the period of the original lease of the immovable property concerned which has not yet expired and may be registered regardless of the duration of this period, and in the event of registration of a sublease of a real right in accordance with the provisions of article 65D mentioned above, it shall pass to the sublessee for the period of the sublease, and in each such case the provisions of articles 65C, 65H, 65I, 65IB and 65IC shall apply, mutatis mutandis, with regard to the licensee or sublessee, respectively, and the real right acquired by him as they apply with regard to the original lessee and the real right initially acquired. from him.

CHAPTER 224
Amendments to registered leases and subleases
65F.-(1) When a lease agreement written in accordance with the provisions of section 65B (which hereinafter in this section shall be referred to as the “original agreement”) is amended by a subsequent agreement between the lessor and the lessee (which hereinafter in this section shall be referred to as the “amending agreement”), such amending agreement may be brought to the competent District Land Office and for this purpose, and upon payment of the prescribed fees and rights, the competent District Land Office shall register it against the entry of the original lease in the Lease Registration Register and on the relevant certificate of such registration and any necessary amendment of the particulars entered in the said entry and in the said certificate:

It is understood that if the real right acquired by the registration of the original contract has been subleased by virtue of a sublease registered in accordance with the provisions of section 65D, or if it, or the real right acquired by sublease registered in this manner, is subject to a real encumbrance (this term has the meaning assigned to it by subsection (5) of section 65G), no registration or amendment shall be made by virtue of this section without the production of the written consent of the sublessee or, as the case may be, of the person for whose benefit the real encumbrance operates and, if this is a mortgage, of any guarantor.

(2) No amending contract shall alter or otherwise affect the real right acquired by the registration of the original contract, unless such amending contract is brought to the competent District Land Office and the registrations provided for in subsection (1) and any necessary amendments are made.

(3) The provisions of subsections (1) and (2) shall apply, mutatis mutandis, in the case of an agreement between a lessee and a sublessee which amends a sublease agreement written in accordance with the provisions of article 65D.

(4) None of the provisions contained in this article shall apply to any contract by which basic terms of the lease are modified such as those referring to the period of the lease or sublease, the rent or the lease, which for all purposes of this Law shall be considered as a new lease agreement.

CHAPTER 224
Cancellation of lease or sublease registration
65G.-(1) Upon the production of satisfactory proof of the termination of a lease written in accordance with the provisions of section 65B, the Director shall cancel the registration of the lease as well as any sublease written, the real right acquired through it, and all notes and entries relating to such lease and any sublease and any real encumbrances in the books of the competent District Land Office and on the relevant certificates of registration of ownership, and for this purpose the real right acquired through any such lease registration and any sublease, as well as any real encumbrance that may exist thereon, shall cease to exist, and the Director shall give notice of such cancellation to the interested parties.

(2) The provisions of subsection (1) shall apply, mutatis mutandis, in the event of the dissolution in any manner, before the expiry thereof, of a lease written in accordance with the provisions of section 65B, but only with the introduction of-

(a) the written consent of the lessor and the lessee and any sublessee and any person for whose benefit any encumbrance on the real right acquired by the registration of the lease or any sublease operates; or

(b) a court order issued at the request of any interested person and if that is the case, which provides, at the discretion of the Court, for compensation or other protection of the interests of any sub-lessee and any person for whose benefit any encumbrance operates on the real right acquired by the registration of a lease or any sub-lease.

(3) Upon the production of satisfactory proof of the termination of a sublease entered into in accordance with the provisions of section 65D, the Director shall cancel the registration of the sublease and all notes and entries relating thereto and any encumbrances in the books of the competent District Land Office and on the relevant certificates of registration of ownership and lease registration, and with this the real right acquired by any such sublease registration, as well as any encumbrance that may exist thereon, shall cease to exist, and the Director shall give notice of such cancellation to the interested parties.

(4) The provisions of subsection (3) shall apply, mutatis mutandis, in the event of dissolution in any manner, before the expiry thereof, of a sublease written in accordance with the provisions of section 65D, but only with the addition of-

(a) the written consent of the lessee and the sublessee and any person for whose benefit any encumbrance on the real right acquired by the registration of the sublease operates; or

(b) a court order issued at the request of any interested person and if that is the case, which provides, at the discretion of the Court, for compensation or other protection of the interests of any person for whose benefit any real encumbrance on the real right acquired by the registration of the sublease operates.

(5) For the purposes of this article, the term “encumbrance” also includes a prohibition of any of the types found in Chapters 1, 4 and 5 of Part II of the First Schedule to the Transfer and Mortgage of Real Estate Law.

CHAPTER 224
Application of provisions of Chapter 218
65H. Notwithstanding the definition of the words “immovable property” in article 2 of the Legal Persons (Registration of Immovable Property) Law, the provisions thereof which concern the procedure for registering immovable property in the name of a legal person, as defined in the aforementioned Law, shall apply, mutatis mutandis, also in the case of registration which creates a right in rem under this Part.

CHAPTER 224
Prohibition of job creation
65Θ. The owner of immovable property over which a real right was acquired by the registration of a lease in accordance with the provisions of article 65B is not entitled to grant, under the provisions of paragraph (a) of subsection (1) of article 11, any right which creates an easement over such immovable property and which may be exercised at any time from the date of the lease agreement until the expiry of the lease or, as the case may be, the period or periods for which the lease may, in accordance with the terms of the lease agreement, be renewed or extended, except with the written consent of the lessee:

It is understood that in the case where a sublease of the lessee’s real right was written under the provisions of article 65D and the above-mentioned right which is intended to be granted may be exercised at any time before the end of the sublease period, in addition to the written consent of the lessee, the written consent of the sublessee is also required.

CHAPTER 224
Taxation of rented real estate
65I. All taxes, fees or other charges that must be paid by the owner of immovable property under the provisions of any law or regulation for the time being in force, in the case of immovable property in relation to which a lease agreement has been signed, shall be borne by the lessor in accordance with article 65B, and subject to the terms of the said agreement, he is entitled to claim from the lessee or, if his real right has been subleased under a sublease signed in accordance with the provisions of article 65D, from the sublessee the refund of the amount of any tax, fee or other charge paid by him.

CHAPTER 224
Application of provisions of Chapter 62
65K. Every lease of immovable property or, as the case may be, transfer or sublease of a real right registered in accordance with the provisions of section 65B or section 65D, respectively, shall be deemed, for the purposes of the Fraudulent Transfers (Cancellation) Law, to be a transfer of immovable property and the provisions of the said Law shall apply, mutatis mutandis, to such lease, transfer or sublease and to the real right acquired by such registration, as they apply to a transfer of immovable property and to such property.

CHAPTER 224
Special provisions in the case of leasing a building under construction, etc.
65L. In the case of leasing a building under construction or a building to be erected or in the case of land division, the following provisions apply:

(1) Upon the submission to the District Land Office, within six months from the signing of the lease agreement, of a copy thereof, it shall be registered in the prescribed manner and after the prescribed procedure has been followed in the book kept specifically for this purpose, and a certificate of such registration shall be given to the person requesting such registration.

(2) This registration is valid until registration is achieved in accordance with section 65B.

(3) While the registration is in progress, the holder of a certificate issued to him under subsection (1) has the right to request the special execution of the lease agreement in accordance with the provisions of the Sale of Real Estate (Special Execution) Laws of 2011 and 2012, as amended or replaced from time to time, which shall apply, mutatis mutandis, also in the case of a lease registered under this section as if instead of the words “sale agreement” or “sale agreement”, where they occur therein, the words “lease agreement” or “lease agreement”, respectively, had been used.

CHAPTER 22441(I)/2015
Powers of a tenant and subtenant to protect and/or exploit real estate
65M.-(1) While the lease period of immovable property written in accordance with the provisions of section 65B lasts, the lessee has the same and concurrent powers with the lessor to take any judicial, administrative or other measure for the protection, improvement or exploitation of the immovable property leased within the framework of the lease of use provided for or reasonably implied by the contract.

(2) While the period of sublease of immovable property lasts in accordance with the provisions of article 65D, the sublessor has the same powers as the lessor and the lessee, which are concurrent, to take any judicial, administrative or other measure for the protection, improvement or exploitation of the immovable property subleased within the framework of the lease of use provided for or reasonably implied by the contract.

CHAPTER 224
Regulations
65N.-(1) The Council of Ministers may issue Regulations for the determination of any matter which, in accordance with the provisions of this Part, may or must be determined by Regulations and for the better realization of the purposes of this Part.

(2) Regulations issued under this article shall be laid before the House of Representatives. If within thirty days of such laying, the House of Representatives by its decision does not amend or annul in whole or in part the Regulations so laid, then they shall immediately after the expiry of the above period be published in the Official Gazette of the Republic and shall come into force upon such publication. In the event of their amendment in whole or in part by the House of Representatives, they shall be published in the Official Gazette of the Republic, as they were intended to be so amended by it, and shall come into force upon such publication.

CHAPTER 224
Existing Contracts
65Iea.-(1) Any lease of immovable property which exists on the 1st day of April, 1980, may be registered until the 31st day of December, 1982, mutatis mutandis, in accordance with the provisions of section 65B, if

(a) on the date of the production of a copy of the contract, the period of such lease which has not yet expired, calculated from the 1st of April, 1980, together with any further periods or period of renewal or extension of the contract which may be expressly provided for in the relevant contract, was at least fifteen years;

(b) the consent of the lessor required for such registration is obtained (this term has the meaning assigned to it by subsection (2) of section 65A):

It is understood that in the case in which it is not possible to find the lessor or if he has died and no orders for the administration of his property have been issued or if it is difficult to find the heirs of a deceased lessor or the beneficiaries of the immovable property under lease, the submission of the consent referred to in this paragraph is not necessary;

(c) the authenticity of the signatures of the lessor or the lessee or both on the copy of the relevant contract cannot be certified, provided that in such a case the Director is satisfied thereon, and may require, for this purpose, the production of such other evidence, including an affidavit, or the service or publication at the expense of the lessee, of such notices, as the Director may in each case determine;

(d) the lessor, after being notified by the Director of his decision to register the lease, does not appeal this decision in accordance with the provisions of article 80 of the Law, these provisions being applied mutatis mutandis.

(2) The provisions of subsection (1) shall apply, mutatis mutandis, in the case of a sublease of a real right acquired by the registration of a lease carried out pursuant to the aforementioned subsection.

(3) Notwithstanding the provisions of section 65D, the sublease of a real right acquired under a lease agreement of state immovable property which was registered prior to the commencement of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 1982 or which will be registered under subsection (1) of this section may be registered if the period of such sublease exceeds three years even if it does not exceed fifteen years.

CHAPTER 224
PART V REGISTRATION OF TRUSTS
Trust and its registration
65O.-(1) No trust relating to immovable property shall be considered valid unless it is established by a trust deed signed by the person entitled to it or by a will.

(2) The trust deed or the will, as the case may be, shall be registered in the Registration Register of the competent Land Office.

CHAPTER 224
PART VI REGISTRATION OF RESTRICTIVE AGREEMENTS
Interpretation
65ST. For the purposes of this Part-

“restrictive agreement” means an agreement between the principal property owner and the principal of another property which contains any term by which the use or development of the first property is restricted for the benefit of the second property but does not include an agreement between a lessor and a lessee of a property.

CHAPTER 224
Registration of a restrictive covenant
65Q.-(1) Subject to subsections (2) and (3), a restrictive covenant shall be registered under this section upon application for it by one of the owners of the properties affected by it at the competent District Land Office by entry in the relevant column in the Register for both the property which is encumbered by the restrictive covenant and for the property for whose benefit the restriction is imposed.

(2) The restrictive covenant shall specify all the properties affected by reference to the cadastral plan in use and shall be signed by the owner of the property which is encumbered by the restrictive covenant and the owner of the property for whose benefit the restriction is imposed, both of whom have the capacity to enter into legal transactions, both of whose signatures shall be certified accordingly.

(3) If the property encumbered by the restrictive covenant is not registered in the name of the person signing as its owner or if such person does not have the capacity to enter into legal transactions, the registration shall not be accepted. If such property is encumbered with any encumbrance, in order for the registration to be accepted, the written consent of the person in whose favor the encumbrance exists must be produced and, in the case in which such encumbrance consists of a secured mortgage, then the written consent of the guarantor must also be produced.

CHAPTER 224
Results of registration of a restrictive covenant
65RH. From the filing of the relevant documents for registration of the restrictive covenant under article 65RH, this, in case of registration, constitutes a charge from the day of filing on the property and binds all the successors of this owner for the benefit of the owner of the property in whose favor the restriction was placed and his successors.

CHAPTER 224
Termination or modification of a restrictive covenant
65I. A restrictive covenant may be dissolved or amended by order of a competent Court. In such a case, the relevant registration of the restrictive covenant shall be cancelled or amended accordingly.

CHAPTER 224
Restrictions under urban planning legislation
65K. The provisions of this Part shall apply, mutatis mutandis, to any restriction on the use of real estate which is imposed for the protection and benefit of the public by virtue of the town planning legislation in force.

CHAPTER 224
PART VI REGISTRATION UPDATE
Implementation of laws governing real estate
65KA.(1) The provisions of this Part prevail over the other provisions of this Law, as well as the provisions of any other law relating to immovable property, including the registration of immovable property, which shall apply, with the necessary adjustments, to immovable property for which registration modernization is carried out.

(2) In this Part, unless the context otherwise requires-

“competent authority” means an authority which has power, under any Law, to issue any permit or approval in respect of any alteration of immovable property for which a permit or approval is required;

“variation of immovable property” means any change in the on-site condition or boundaries of immovable property, which change arises due to division, development, building or other, change of use, redistribution, readjustment of boundaries, well drilling, compulsory expropriation, merger and/or distribution or any other cause.

“registration modernization” means the carrying out of a registration of immovable property which results from the replacement of an existing registration or registrations with a new registration or registrations due to a differentiation of the immovable property and includes the registration of a jointly owned building and jointly owned building units in accordance with Part IIA of this Law;

“unit” has the meaning assigned to this term by section 38A of this Law;

“separate plot” means a plot of land resulting from the division or separation of an existing plot of land, pursuant to section 27 of this Law, or pursuant to the provisions of the Roads and Buildings Regulation Law or any other Law;

“irregularity” means the alteration of immovable property in contravention of any law and includes the circumvention of any condition imposed on a permit authorising the alteration of immovable property;

“irregularity note” means the entry, against a registration, of a description of an irregularity which has been established by a competent authority in relation to the immovable property covered by the registration.

48(I)/2011
Application for registration update by registered owner
65KB.(1) Subject to the provisions of article 38LA of this Law regarding the registration of a jointly owned building and a unit in a jointly owned building, any registered owner of immovable property may submit an application to the District Land Office for the modernisation of the registration of the property.

(2) For the examination of the application, pursuant to subsection (1), the Director may require the production of any documents, drawings or other elements which, depending on the case, he may deem necessary, including the following:

(a) Certificate of registration of the property;

(b) a plan, in which the applicant reflects the changes that have occurred or will occur to the property;

(c) planning permission, building permit, subdivision permit, well drilling permit, certificate of approval and any permit, certificate of approval or other document required under any Law:

It is understood that the urban planning permit or building permit referred to in this paragraph is not required to be in force:

It is further understood that the Director shall not proceed with the examination of the application pursuant to subsection (1), unless the fees relating to the application are paid.

48(I)/2011
Power to force registration update
65KG.(1) Where the registered owner of immovable property, the registration of which requires updating, fails to submit an application under section 65KB, the Director may compel the updating of the registration, either ex officio or upon application by a competent authority, or by a person having an interest in the property, including a mortgagee or a purchaser who has filed the sale deed under the Sale of Lands (Special Execution) Law, as amended or replaced from time to time:

It is understood that where the Director, upon request of any interested person or competent authority or ex officio by the Director, carries out a registration update which includes division and distribution, the Director may decide on the division and distribution, where there are satisfactory elements that make it obvious. For the division, the Director is required to have the prior approval of the competent authority:

It is further understood that satisfactory elements that make division or distribution obvious, as provided for in the above proviso, are elements and acts that arise from-

(a) A sale deed accompanied by a distribution agreement and filed with the Department of Lands and Surveys pursuant to the Sale of Real Estate (Special Execution) Law, as amended or replaced from time to time, or

(b) a consideration agreement accompanied by a distribution agreement and filed with the Department of Lands and Surveys pursuant to the Sale of Real Estate (Special Execution) Law, as amended or replaced from time to time, or

(c) a sales document, specifying the part of the immovable property being sold, which has been filed with the Department of Lands and Surveys pursuant to the Sale of Real Estate (Special Execution) Law, as amended or replaced from time to time, or

(d) an application for the granting of a planning permit concerning all or part of an immovable property submitted, based on the Town and Country Planning Law and the relevant Regulations, as amended or replaced from time to time, and the issued permit accompanied by the plans approved therewith, or

(e) an application for the issuance of a permit concerning all or part of an immovable property submitted, based on the Roads and Buildings Regulation Law and the relevant Regulations, as amended or replaced from time to time, and the issued permit accompanied by the plans approved thereunder, or

(f) a Court order ordering special execution of a contract, based on the Sale of Real Estate (Special Execution) Law, as amended or replaced from time to time, which contains an order to take all necessary measures and steps to create a separate registration for the disputed immovable property, or

(g) a decree or decision of the Court by which the part of the immovable property is determined together with any limited jointly owned immovable property and/or any jointly owned immovable property, for which the issuance of a separate title deed is ordered or decided, or

(h) possession of property, which is supported by the existence of at least one of the elements referred to in the above paragraphs (a), (b), (c), (d), (e), (f) and (g).

(2) In deciding whether to compel the updating of the registration under subsection (1), the Director shall take into account all relevant factors, including –

(a) the time that has elapsed since the change of ownership;

(b) the extent or significance of the variation; and

(3) When the Director intends to compel the updating of any registration under subsection (1), he shall give notice to the person entitled to be registered, calling upon him to, within sixty (60) days from the date of service of the notice, submit an application and produce all necessary documents, plans and other evidence required for the updating of the registration or to show cause why the registration should not be updated.

(4) Every notice under subsection (3) must include a description of the immovable property and the name of the person entitled to be registered, the reasons why the Director has decided to update the registration and the fees to be paid.

(5) If an owner affected by a notice given by the Director fails to comply with it within the period specified therein, or the reason given by him for not updating the registration is considered by the Director to be insufficiently justified, the Director –

(a) may proceed to update the registration and notify the said owner accordingly, and

(b) may impose on the owner an administrative fine of up to ten thousand euros (€10,000.00):

It is understood that, in the event that the owner refuses or fails or neglects to comply with the requirements of the registration modernization process, the Director may impose, in addition, an administrative fine of up to ten thousand euros (€10,000.00), taking into account the provisions of subsection (2).

(6) In the event that the owner fails to pay the fees contained in a notice, in accordance with subsection (4), these constitute a charge against the property, as provided for in section 5 of the Cadastral and Survey Department (Fees and Rights) Law, which is registered in the Land Registry.

48(I)/201145(I)/2012
Administrative fine
65KD.(1) The Director, before imposing an administrative fine under subsection (5) of section 65KD, shall notify the affected person of his intention to impose the administrative fine, informing him of the reasons for which he intends to act in such manner and granting him the right to submit representations, within a rescission period of 15 days from the day of the notification.

(2) The Director shall impose an administrative fine under subsection (1) by a written and reasoned decision which he shall notify to the affected person and which shall-

(a) determines the violation; and

(b) inform the affected person of his right to appeal the decision;

(i) by hierarchical appeal to the Minister pursuant to article 65KTH,

(ii) by appeal to the Supreme Court under Article 146 of the Constitution.

48(I)/2011
Obligation to provide documents
65ΚΕ.(1) In order to facilitate the implementation of the registration modernization, either upon request of the owner, based on article 65ΚΒ, or upon decision of the Director, based on article 65ΚΓ, the Director may, at any stage of the examination of the case, request from the owner or other person who has an interest in the property or from any competent authority to produce any documents, plans or other information that are considered necessary for the examination of the case.

(2) In the event that the owner or other person having an interest in the property refuses or fails to produce the requested documents, plans or other information, the Director may himself obtain the documents, plans or other information, by contacting the competent authority or another authority or person in possession of the relevant documents, plans or other information.

48(I)/2011
Perform a registration update
65KST.(1) The modernization of the registration or registrations is carried out by deleting the existing registration or registrations and registering the new registration or registrations in the Land Registry and in any other books or summaries which are kept pursuant to article 51 of this Law, as well as the modernization of the relevant government spatial plan.

(2) In the case of registration of units of a jointly owned building, when determining the share of each unit in the jointly owned property as provided for in article 38Θ of this Law, the value of any variation which arose due to an irregularity shall not be taken into account, even if the irregularity has been compensated, as provided for in the Roads and Buildings Regulation Law or the Town and Country Planning Laws of 1972 to 2011:

It is understood that the said value is taken into account for the purposes of any taxation, and if this value has arisen due to additional area, this is taken into account for common use purposes.

(3) Subject to the provisions of the Transfer and Mortgage of Real Estate Laws of 1965 to 2010, when the existing title is encumbered with a real encumbrance or prohibition, the said encumbrance or prohibition shall be transferred to the new registration and the person for whose benefit the real encumbrance or prohibition has been registered shall be notified by the Director of this fact.

48(I)/2011
Performing registration modernization with irregularity note and/or ban
65KZ.(1) In the event that, during the registration modernization process initiated in accordance with article 65KB or 65KG, any irregularity is detected by the competent authority with respect to the immovable property or with respect to any unit or separate plot that arises, the competent authority shall request the Director to register against such property or the new registration of the unit or separate plot, in which the irregularity is identified, a note of irregularity and/or prohibition of voluntary transfer and encumbrance of the affected property, as the case may be.

(2) In the event of the presentation of an approval certificate with a note of irregularity, issued under the Roads and Buildings Regulation Law, this note is considered sufficient authorization for the Director to register a note of irregularity in the Land Registry against the affected property.

(3) In the event of the presentation of a certificate of unauthorized works, based on the Roads and Buildings Regulation Law, the requirement to prohibit the voluntary transfer and encumbrance of the affected property contained in the said certificate is considered sufficient authorization for the Director to register in the Land Registry, in addition to the irregularity note, a prohibition of the voluntary transfer and encumbrance of the affected property for the benefit of the competent authority:

It is understood that the above prohibition does not apply in the event of an involuntary transfer or encumbrance or transfer due to inheritance or donation to a spouse or children or a person up to the third degree of kinship or transfer and/or mortgage of real estate, which is carried out for the benefit of a licensed credit institution or credit acquisition company in the context of restructuring.

(4) For the purposes of this section and section 65KH, “voluntary transfer or encumbrance” means a transfer or encumbrance of the affected immovable property at the free will of the licensor, without any compulsion on his part after legal measures have been taken and does not include a transfer or encumbrance following a special execution procedure under the Sale of Land (Special Execution) Law, as amended or replaced from time to time, following a court order, compulsory execution, sale as a result of a mortgage or other precautionary measure.

48(I)/201154(I)/2021131(I)/2022
Deletion of an irregularity or prohibition notice upon request of a competent authority
65KH. In case any irregularity has been removed or compensated, a note of irregularity and/or prohibition of voluntary transfer and encumbrance of the affected property for the benefit of a competent authority may be deleted upon request of the competent authority and the presentation of the appropriate plans, documents or certificates justifying the deletion:

It is understood that, before deleting the irregularity note and/or prohibition of voluntary transfer and encumbrance of the affected property, the Director may give instructions for conducting an on-site investigation and/or survey work, in order to establish the actual situation on site.

48(I)/2011
Submission and examination of a hierarchical appeal
65KTH.(1) A person who considers that the decision of the Director to impose an administrative fine, pursuant to articles 65KG and 65KD, prejudices his legitimate interests or disagrees with the decision of the Director may submit a hierarchical appeal to the Minister.

(2) The appeal before the Minister shall be lodged in writing within a period of 30 days from the transmission of the contested decision to the affected person.

(3) The hierarchical appeal pursuant to subsection (1) suspends the execution of the decision until a decision is issued on the hierarchical appeal.

(4) The Minister shall examine the appeal and, after hearing the interested parties or giving them the opportunity to present their views in writing, shall decide on its fate in accordance with subsection (5), no later than within a period of 30 days.

(5) The Minister may issue one of the following decisions:

(a) To confirm the contested decision;

(b) to annul the contested decision;

(d) to issue a new decision in replacement of the contested one.

(6) The Minister shall notify the decision issued under subsection (5) to the applicant.

48(I)/2011
PART VIB REGISTRATION OF FINANCE LEASES
Interpretative provisions
65L.-(1) In this Part, unless the context otherwise requires-

(a) “immovable property” includes any immovable property that may be let on a lease under the provisions of this Law;

(b) the terms “prohibition”, “competent District Land Office”, “encumbrance”, “transfer” and “mortgage” have, mutatis mutandis, the meanings assigned, respectively, to these terms by the Transfer and Mortgage of Real Estate Law;

(d) “lease” means a financial lease, of any category, as defined in the Financial Lease Law.

(2) For the purposes of this Part, the terms “lessor” and “lessee” include, unless the context otherwise requires, the respective heirs, personal representatives, administrators, guardians and trustees of such persons and the guardians of the estates of such persons, and –

(a) In the case of a lessor, the respective owner of the immovable property leased;

(b) in the case of a lessee, the respective owner of the real right acquired by the registration of the lease.

66(I)/2016
Lease registration
65LA.-(1) When immovable property is leased for a period exceeding ten (10) years, no real right is acquired by the lease unless, subject to the provisions of this Part, it is registered in accordance with the provisions of this article.

(2) For the registration of a lease under the provisions of this article, the following shall be brought to the competent District Land Office:

(a) A copy of the contract, bearing the signatures of the lessor and the lessee and the legally certified authenticity thereof;

(b) the registration certificate of the leased immovable property or a certificate of search in the Land Registry proving such registration;

(3) Subject to the provisions of subsection (4), the Director shall ensure that, upon the production of the documents referred to in subsection (2) and after notifying the other party thereof, the specified particulars are recorded in a book kept for this purpose, which in this Part shall be referred to as the “Finance Lease Registration Register”, and a certificate of registration of the lease in the prescribed form is issued, and that a reference to the registration made in this manner is noted against the relevant registration of the immovable property in the Land Registry and, where possible, on the relevant registration certificate of the immovable property.

(4) No lease shall be registered under the provisions of subsection (3) if-

(a) The lease agreement is not a valid contract in accordance with the provisions of subsection (1) of article 77 of the Contracts Law and the provisions of the Finance Leases Law;

(b) the lease agreement does not expressly provide for registration of the lease under the provisions of this article;

(d) the immovable property being leased consists of an indivisible ideal share and the registered owners of the other shares in the same property do not participate as lessors in the same lease agreement, unless any such share remaining from the whole is owned by the lessee and is registered in his name;

(e) the lessor is prohibited from:

It is understood that the provisions of this paragraph shall not affect the powers of any person authorized, under the provisions of any Law for the time being in force, to lease immovable property registered in the name of a person who is under a ban;

(f) the real estate being leased is subject to a lien;

(g) the lease agreement does not provide for specific commencement dates, either immediate or within twenty (20) years from the date of signing the relevant agreement or subject to the occurrence of a certain event, and for the termination of the lease period, even if such termination is subject to the occurrence of a certain event, provided that it may include a provision for the renewal of the lease for a further period or periods that are clearly defined, but without the possibility of renewals indefinitely;

(h) the statutory fees and rights for the registration of the lease and the issuance of the relevant certificate of registration are not paid;

(i) on the date of submission of the application for registration of the lease, the period of such lease that has not yet expired, together with any further periods clearly provided for in the relevant contract or period of renewal or extension of the contract, does not exceed ten (10) years.

66(I)/2016
Acquisition of a real right by registering a lease
65LB.-(1) Upon the registration of a lease in accordance with the provisions of article 65LA, the lessee acquires a real right over the immovable property leased in relation to which the registration was made, over any other related immovable property of the lessor, as referred to in articles 22 and 23, and over any thing which during the period of the lease may be planted, constructed, built or attached to the immovable property leased.

(2) The real right referred to in subsection (1) is subject to the conditions set out in the lease agreement and, subject to compliance with them, may be transferred in accordance with the provisions of article 65LG and may be inherited, encumbered or compulsorily sold:

It is understood that the reference in this paragraph to “the terms contained in the lease agreement” does not affect in any way the encumbrance, under the provisions of any Laws in force at any time, otherwise or by mortgage or forced sale of the real right acquired by the registration of the lease agreement.

66(I)/2016
Registration of transfer of real right
65LG.-(1) Where a real right acquired under a lease agreement registered in accordance with the provisions of section 65LA is, subject to the terms of the said agreement, transferred, the transfer shall not be deemed to create any real right, unless it is registered in accordance with the provisions of subsection (3).

(2) Registration of the transfer of a right in rem referred to in subsection (1) shall not be carried out if-

(a) According to the terms of the lease agreement, such transfer is prohibited;

(b) according to the terms of the lease agreement, such transfer is permitted only with the written consent of the lessor and he either refuses to give consent or is of unknown residence:

It is understood that, in such a case, the lessee may apply to the Court, which, after executing any order which it may deem fit to issue for the service or publication of notice to the lessor, may order that the transfer be registered without the consent of the lessor;

(c) the conditions referred to in paragraphs (a), (c), (d), (e), (f), (g) and (h) of subsection (4) of article 65LA are met, mutatis mutandis;

(d) the statutory fees and rights for providing the notification provided for by the provisions of subsection (4) are not paid.

(3) Subject to the provisions of subsection (2), the registration of the transfer referred to in subsection (1) and the registration of any transfer as a result of inheritance or, as the case may be, a forced sale of a real right acquired under the provisions of this Part, shall be carried out in accordance with the provisions of section 65LA, which, mutatis mutandis, shall also apply to the registration of any such transfer as they apply to the registration of the initial lease.

(4) By making a registration as provided for by the provisions of subsection (3), the Director shall notify this fact to the owner of the affected immovable property.

66(I)/2016
Inheritance, forced sale or registration of transfer of a real right
65LD. In the event of inheritance, forced sale or, as the case may be, registration of a transfer of a real right in accordance with the provisions of article 65LG, the real right shall pass to the licensee for the period of the initial lease of the immovable property concerned which has not yet expired and may be registered regardless of the duration of such period and, in such a case, the provisions of articles 65LB, 65LG, 65LH, 65LTH and 65MA shall apply, mutatis mutandis, with regard to the licensee and the real right acquired by him as they apply with regard to the original lessee and the real right initially acquired by him:

It is understood that any real encumbrances and/or encumbrances that burden the real right of the licensor/lessee shall pass to the licensee.

66(I)/2016
Amendments to registered leases
65LE.-(1) When a lease agreement registered in accordance with the provisions of article 65LA, which in this article shall be referred to as the “original agreement”, is amended by a subsequent agreement between the lessor and the lessee, which in this article shall be referred to as the “amending agreement”, the amending agreement may be brought to the competent District Land Office and for this purpose, and upon payment of the prescribed fees and rights, the competent District Land Office shall register it against the registration of the original lease in the Financial Lease Registration Register and on the relevant certificate of such registration and any necessary amendment of the information entered in the same registration and in the same certificate:

It is understood that, if the real right acquired by the registration of the initial contract is subject to a real encumbrance, within the meaning attributed to this term by the provisions of subsection (5) of article 65LST, no registration or amendment shall be carried out under the provisions of this article without the written consent of the person for whose benefit the real encumbrance operates and, if this is a mortgage, of any guarantor.

(2) No amending contract shall alter or affect in any way the real right acquired by the registration of the original contract, unless the amending contract is brought to the competent District Land Office and the registrations provided for by the provisions of subsection (1) and any necessary amendments are made:

It is understood that the real right acquired by the registration of the initial contract is not affected and/or altered by the submission and registration of an amending contract at the competent District Land Office, insofar as the amending contract does not conflict with the provisions of this Law and does not concern basic terms of the initial lease contract.

(3) None of the provisions of this section shall apply to any contract by which the essential terms of the lease referred to in the lease are amended, which for the purposes of this Law shall be considered as a new lease contract.

66(I)/2016
Cancellation of lease registration
65ΛΤ.-(1) Except in the case where immovable property to which the lease relates is transferred to the name of the lessee in accordance with the terms of the lease, upon production of satisfactory proof of the termination of a lease registered in accordance with the provisions of section 65ΛΑ, the Director shall cancel the registration of the lease of the real right acquired through it and all notes and entries relating to the lease and any real encumbrances in the books of the competent District Land Office and on the relevant property registration certificates and, for this purpose, the real right acquired through any such lease registration, as well as any real encumbrance that may exist thereon, shall cease to exist; and the Director shall give notice of such cancellation to the interested parties.

(2) In the event that immovable property to which the lease relates is transferred to the lessee in accordance with the terms of the lease, any encumbrances that burden the lessee’s real right to the lease are transferred and burden the property that is transferred in the name of the lessee:

It is understood that, in the event that the immovable property to which the lease relates is transferred to the lessee in accordance with the terms of the contract, any notes and/or registrations and/or encumbrances which may be encumbered by the lessor’s immovable property relating to the lease and/or any prohibitions against the lessor’s immovable property relating to the lease shall be cancelled and deleted to the extent that they relate to the immovable property being transferred; the Director shall give notice of such cancellation to the interested parties.

(3) The provisions of subsection (1) shall apply, mutatis mutandis, in the event of dissolution by any means of a lease registered in accordance with the provisions of section 65LA, before its expiry, only by bringing –

(a) The written consent of the lessor and the lessee and any person for whose benefit any encumbrance on the real right acquired by the registration of the lease operates; or

(b) a court order issued at the request of any interested person and which provides, at the discretion of the Court, for compensation or other protection of the interests of any person for whose benefit any real encumbrance operates on the real right acquired by the registration of the lease.

(4) For the purposes of this article, the term “encumbrance” also includes a prohibition of any of the types contained in Chapters 1, 4 and 5 of Part II of the First Schedule to the Transfer and Mortgage of Real Estate Law.

66(I)/2016
Implementation of certain provisions of the Legal Persons (Registration of Real Estate) Law
65LZ. Notwithstanding the interpretation of the term “immovable property” in article 2 of the Legal Persons (Registration of Immovable Property) Law, the provisions thereof concerning the procedure for registering immovable property in the name of a legal person, as defined in the said Law, shall apply, mutatis mutandis, also in the case of registration which creates a right in rem based on the provisions of this Part.

66(I)/2016
Restrictions on the creation of easements on immovable property over which a right in rem has been acquired
65ΛΗ. The owner of immovable property over which a real right was acquired by the registration of a lease in accordance with the provisions of article 65ΛΗ is not entitled to grant, pursuant to the provisions of paragraph (a) of subsection (1) of article 11, any right which creates an easement over the immovable property and which may be exercised at any time from the date of commencement of the lease agreement until the expiry of the lease or, as the case may be, the period or periods for which the lease may, in accordance with the terms of the lease agreement, be renewed or extended, except with the written consent of the lessee.

66(I)/2016
Taxation of rented real estate
65ΛΘ. The taxes, fees or other charges that must be paid by the owner of immovable property, pursuant to the provisions of any Law or Regulations in force at any time, in the case of immovable property in relation to which a lease agreement has been registered, are borne, in accordance with the provisions of article 65ΛΑ, by the lessor and, subject to the terms of the lease agreement, the lessor is entitled to claim from the lessee the refund of the amount of any tax, fee or other charge paid by him.

66(I)/2016
Application of the provisions of the Fraudulent Transfers (Cancellation) Law
65M. Any lease of immovable property or, as the case may be, transfer of a real right registered in accordance with the provisions of section 65LA or section 65LG, respectively, shall be deemed for the purposes of the Fraudulent Transfers (Cancellation) Law to be a transfer of immovable property and the provisions thereof shall apply, mutatis mutandis, to the lease, to the transfer and to the real right acquired by such registration as they apply to a transfer of immovable property and to such property.

66(I)/2016
Tenant’s powers to protect and/or exploit real estate
65MA. During the period of lease of immovable property registered in accordance with the provisions of article 65KB, the lessee has the same and concurrent powers with the lessor to take any judicial, administrative or other measure for the protection, improvement or exploitation of the immovable property leased within the framework of the lease of use provided for or reasonably implied by the contract.

66(I)/2016
Issuance of Regulations
65MB. The Council of Ministers has the power to issue Regulations for the regulation of any matter which, in accordance with the provisions of this Part, is amenable to or requires determination.

66(I)/2016
PART VII EVALUATION
Valuation of real estate that has not been previously valued

Any immovable property which has not been valued before the commencement of this Law and any immovable property which comes into existence after the date of commencement of this Law, may be valued in accordance with the provisions of this Part either on the initiative of the Director or at the request of the registered owner thereof and in the case of such valuation the value so valued shall be deemed to be the general valuation value of such property:

It is understood that, until such immovable property is valued and its general assessment value is recorded in accordance with the provisions of this article, the Director may, for the purposes of imposing taxation and cadastral fees and rights under the provisions of any other laws in force from time to time, determine a provisional value thereof and register it in the cadastral books, provided that the value so determined shall be consistent as far as possible with the general assessment values of immovable properties that have been valued or determined differently and which are located in the same or neighboring or similar area, and if even for this purpose the value to be determined shall not comply with the definition of the word “value” in article 2:

It is further understood that the Director may proceed to a revision of the provisional value determined in this manner, where necessary, without affecting any taxation or fees and rights imposed on the provisional value initially determined.

CHAPTER 224110(I)/2014
Revaluation

Any immovable property valued at any time, whether before or after the commencement of this Law, may be revalued at any time not less than one year from the date of the last valuation, either on the initiative of the Director or at the request of the registered owner thereof:

It is understood that any real estate property may be revalued in less than one year from the last valuation if

(a) since the last valuation any such immovable property has been substantially rebuilt or if on any land any buildings have been erected or any trees or vines have been planted so as to substantially increase the general assessed value of such property or land; or

(b) since the last valuation any such immovable property has been destroyed or damaged to such an extent as to materially affect the general valuation value thereof; or

(b1) since the last valuation, any such immovable property the physical and legal characteristics of which have substantially increased or decreased its general assessment value; or

(b2) since the last appraisal, an error or omission has been identified in the characteristics of the real estate, on the basis of which its general appraisal value is determined:

Provided that no fee shall be imposed for any such application; or

(b3) due to error or omission the general assessment value has not been determined; or

CHAPTER 224110(I)/2014
Appraisers
68.-(1) Any valuation or revaluation of immovable property under this Part shall be carried out by a valuer or valuers appointed for this purpose by the Council of Ministers or the Director.

(2) Every person appointed as an assessor shall, before the performance of any duty of that office, take an oath before a member of the Court, in the form specified in the Second Schedule.

CHAPTER 224110(I)/2014
General real estate valuation
69.-(1) The Council of Ministers, for the purposes of ensuring a modern and uniform valuation of immovable property in any municipality or community, shall order the carrying out of a general valuation in relation to the entire property at periods of time which in any case may not be more than five (5) years from the last general valuation and each period of time shall be deemed to commence from the date of the last general valuation:

It is understood that the Council of Ministers may order the carrying out of a general assessment in relation to any designated part of immovable property in a municipality or community whenever it deems this necessary within the above period of time which does not exceed five (5) years, regardless of the carrying out of a general assessment for the entire above-mentioned property.

(2) For the purposes of this article “general valuation” means a valuation of the immovable property referred to in subsection (1), regardless of whether or not any valuation or revaluation thereof has been previously carried out and regardless of the date on which such valuation or revaluation was carried out.

(3) Notwithstanding any provision contained in this Law, for the purposes of this section, in calculating the general assessment value of such immovable property, it shall be deemed to be freehold.

(4) A general valuation of immovable property duly made under the provisions of this section shall not apply either for the purposes of this Law or for the purposes of any other Law in force unless for that purpose a law has provided for such application.

CHAPTER 224110(I)/201432(I)/2017150(I)/2024
Procedure under the general assessment

Where a general assessment has been ordered under article 69 in relation to the entire immovable property or any specified part thereof in any municipality or community, the following provisions shall apply:

(a) the Director shall publish in the Official Gazette of the Republic and in such other newspaper as he may deem necessary and shall also post a notice informing the public that a general valuation is to be carried out, giving particulars of the area in respect of which the notice is given and of the date on which it is to commence and calling upon all owners of property therein to furnish to the valuer such information, or a written report containing such particulars, relating to the immovable property to be valued as the valuer may require, and to produce for inspection any document in their possession or control relating to the property which the valuer may require to be produced;

(b) upon completion of the general assessment, the Director-

(i) shall ensure that a notice is published in the Official Gazette of the Republic and/or broadcast by the mass media, notifying that the lists in printed form and/or the electronic archive have been deposited in the office of the mayor of the relevant municipality or in the office of the community leader of the relevant community, as the case may be; and

(ii) sends a written notice to the owner informing him of the general assessment value of his real estate;

(c) any person having an interest in any immovable property to which this notice relates may inspect the lists in paper form and/or electronic file, at all reasonable times, and the mayor or community leader who is responsible for such lists must at all reasonable times allow any such person to obtain any extract from them or a copy thereof without any charge;

(d) the valuation carried out by a valuer shall become final unless the person affected submits to the Director a written objection thereto within six months from the date of publication of the notice in the Official Gazette of the Republic as provided for in paragraph (b) or unless the Director requests the Court to review it as provided for in paragraph (f):

It is understood that, notwithstanding the provisions of this paragraph, written objections in relation to the general assessment values at prices as of 1.1.2013 may be submitted up to and including 31 December 2015;

(e) the Director shall consider any objection submitted to him under paragraph (d) and give notice of his decision to the person affected;

(f) if the Director requests the Court to review an assessment as provided for in paragraph (d), he shall proceed with such action with all reasonable speed and give notice of his request to the person affected by it.

CHAPTER 224110(I)/2014180(I)/201454(I)/2015
Procedure when assessing or reassessing specific properties

When it is intended to carry out an assessment or revaluation of any specific property or properties, the following provisions apply:

(a) the Director may give notice of the intended valuation or re-valuation to the person or persons affected, calling on him or them to give to the valuer such information or written report containing such details relating to the immovable property to be valued or re-valued as the valuer may require and to produce for inspection any document in his or their possession or control relating to the property which the valuer may require to be produced;

(b) when the assessment or reassessment is completed the Director-

(i) Gives notice of this fact to the affected person; or

(ii) deposits the lists in printed form and/or the electronic file in the office of the mayor of the relevant municipality or in the office of the community leader of the relevant community, as the case may be, and ensures that it is published in the Official Gazette of the Republic and broadcast by the mass media and that a notice is posted notifying that the lists have been deposited in the office of the mayor or community leader;

(iii) any person having an interest in any immovable property to which the said notice refers may within a reasonable time inspect the lists in paper form and/or the electronic file and the mayor or community leader who is responsible for such lists shall allow such person to take an extract from the list without any charge;

(iv) the assessment or reassessment shall become final unless the affected person files an objection in writing to the Director against the assessment or reassessment within thirty days from the date of the notice provided for in subparagraph (i) of paragraph (b) or within six months from the date of publication of the notice in the Official Gazette of the Republic, provided for in subparagraph (ii) of paragraph (b), as the case may be, or unless the Director applies to the Court for a review of the assessment or reassessment, as provided for in paragraph (d);

(c) the Director shall consider any objection submitted to him under paragraph (b) and shall give notice of his decision to the affected person;

(d) if the Director requests the Court to review an assessment or reassessment as provided for in paragraph (b) above, he shall proceed with such action with all reasonable speed and give notice of his application to the person affected by it.

CHAPTER 224110(I)/2014
Appraisal or revaluation of property held in undivided ideal shares

Notwithstanding the provisions contained in this Law, when immovable property is held in indivisible ideal shares, the following provisions apply, namely-

(a) in the valuation or revaluation the property is valued or revalued as a whole, without regard to the fact that such property is held in indivisible ideal shares, and the general assessment value of each share is an amount which bears such proportion to the general assessment value of the whole property as that share bears to the whole property;

(b) the entire property may be assessed or reassessed, in accordance with the provisions of articles 66 or 67, respectively, at the request of any one or more of its registered co-owners;

(c) the objection against the assessment or revaluation of the property referred to in articles 70 and 71, respectively, may be submitted by any one or more of its co-owners;

(d) when, upon the assessment or reassessment of the entire property, an objection submitted to the Director by any of the co-owners is accepted or an appeal against the Director’s decision thereon after being submitted to the Court by any of the co-owners is accepted, the assessment or reassessment shall be varied by the Director or the Court, respectively, in relation to the entire property.

CHAPTER 224110(I)/2014
Estimates valid until revised.
73.-(1) Every valuation or re-valuation carried out by a valuer shall be binding and valid for all purposes and shall be deemed to be the assessed value of the property to which it relates until revised by the Director and the decision of the Director shall also be binding and valid until revised by the Director or the Court, any additional tax or any additional fee paid on the basis of such valuation or re-valuation, before it is revised, shall be refunded:

It is understood that, in the event of a revision of the assessment pursuant to the provisions of this article and the provisions of articles 70, 71 and 72 of this Law, either by decision of the Director or by decision of the Court, the Director shall give notice to all competent tax authorities of such revision.

(2) Notwithstanding any provision contained in this Law, until a general assessment of the entire immovable property in the area of any municipality or community has been carried out under the provisions of this Law, there shall be adopted and recorded or entered in the books of the District Land Office as the general assessment value of any immovable property in that area subsequently assessed or reassessed under the provisions of section 66 or 67, respectively, such percentage of that value as the Council of Ministers may determine for immovable properties in that area.

CHAPTER 224110(I)/2014
Deposit of fee for consideration of objections to real estate valuations, etc.

Any person who disagrees with the assessment or reassessment or any other decision of the Director related thereto must, together with his objection, deposit with the relevant District Land Registry the amount of thirty-seven and a half euros (€37.50), when the general assessment value is from one euro (€1) to one hundred thousand euros (€100,000), seventy-five euros (€75), when the general assessment value is one hundred thousand one euros (€100,001) to five hundred thousand euros (€500,000), one hundred fifty euros (€150), when the general assessment value is from five hundred thousand one euros (€500,001) to one million euros (€1,000,000), and three hundred seventy-five euros (€375), when the general assessment value is greater than one million euros (€1,000,000), as right to have his/her objection examined which is stated:

It is understood that each person, together with his objection, attaches complete and justified information related to the assessment of his real estate property.

CHAPTER 224110(I)/2014
PART VIII MISCELLANEOUS PROVISIONS
Notifications
75.-(1) Any notice or communication required to be given or effected by the Director under the provisions of this Law may be given or effected by post by letter addressed to the last known place of residence of the person to whom the notice or communication is intended:

It is understood that when it is practically possible, the notice or communication shall be given or effected by registered letter:

It is also provided that where any person to whom notice or communication is required to be given or made is-

(a) a minor, a mentally ill person or a person who has been prohibited by a competent Court from managing his affairs, the notice or communication shall be addressed to the last known place of residence of such guardian or, if he has no guardian, to such person as the Court may order upon application by the Director for this purpose;

(b) absent from the Republic, in addition to the letter addressed to his last known place of residence in the Republic, a copy of it is posted in the town or village where the property is located; and

(c) absent from the Republic at a known address abroad, the notice or notification may be effected by post by registered letter, provided that it is proven by a receipt from the person to whom it is addressed; in any case, any relevant postal receipt shall be presented to the Director.

(2) The letter must be-

(a) In Greek, if the native language of the person to whom it is addressed is Greek;

(b) in Turkish, if the native language of the person to whom it is addressed is Turkish;

(3) The date of posting of the letter shall be deemed to be the date on which the notice or communication is given or effected and a certificate issued by the person posting such letter stating the date of posting thereof shall be deemed to be prima facie evidence of such posting.

(4) Where any notice is required to be posted under the provisions of this Law-

(a) if the property affected is located in any city, the notice shall be posted on the notice board of the District Land Office in that city;

(b) if the property affected is located in any village, the notice shall be posted in a conspicuous place in the village and a certificate issued by the person posting such notice, stating the date of posting, shall be deemed to be prima facie evidence of such posting.

(5) Where the Director so permits, either generally in relation to notices or notifications under a particular section of this Law or specifically in specific cases, the provisions of this section may, mutatis mutandis, apply in relation to notices or notifications required to be given by other persons or by the Director under the provisions of this Law, provided that-

(a) any such notice or communication sent by post shall be sent by registered mail, and if the Director so requires, shall be accompanied by a request for proof of receipt by the person to whom it is addressed, and in any case any relevant postal receipt shall be produced to the Director;

(b) for prima facie proof of the posting of any such notice, either an affidavit of the person who posted the notice, or a certificate issued by the community authority of the city, village or parish where the notice was posted, shall be produced to the Director.

(6) Notwithstanding the provisions of subsections (1) and (5), notice or communication required to be given under the provisions of this Law may, instead of by postal service, be effected as follows:

(a) A notice or communication given by the Director, due to the number of persons to whom it is to be served or due to the unknown address of such persons, may be published in at least two (2) daily newspapers and the date of the last publication shall be deemed to be the date of service of the notice or communication; any costs shall be paid by the applicant;

(b) a notice or communication given by a person other than the Director may be effected by publication, as provided in paragraph (a), provided that the Director permits it, if he is satisfied from the evidence presented and confirmed by a sworn statement of the applicant that postal service on the person or persons to whom it is addressed is practically impossible, due to –

(i) residence of such person or persons at an unknown address abroad; or

(ii) unknown address of such person or persons; or

(iii) the large number of these persons.

CHAPTER 22441(I)/2015
Notification to the property owner
75A. Any decision, notice or notification of any authority under the provisions of this Law, as well as any decree or decision of a Court in relation to any immovable property, which may materially affect the value of any immovable property, shall be notified by the relevant authority to the owner of the immovable property by sending him a relevant written notice.

71(I)/2018
Compensation to minors, etc.

When any compensation is to be paid or any other payment is to be made under the provisions of this Law-

(a) to or for the benefit of a minor, a mentally ill person or a person who has been prohibited by a competent Court from managing his affairs, it is paid or made to his guardian;

(b) to or for the benefit of a person not in the Republic, it is paid or made to the duly appointed agent or representative of that person:

It is understood that in each case the compensation may be paid or the payment may be made to the Court, and from there to be paid to such person as the Court may order, by application submitted for this purpose.

CHAPTER 224
Representative represents the principal

Where this Law provides that the owner of immovable property shall receive or give notice or submit an application or perform any act, it may be received, given, submitted or performed by his duly appointed agent or representative, unless otherwise specified or implied by the text.

CHAPTER 224
Power of entry, etc., to the Director or assessor

For the purpose of exercising the powers conferred on him by this Law and the duties imposed on him, the Director or any valuer or any other person authorized by the Director shall have power to, at all reasonable times, enter, pass or value any immovable property and place such landmarks thereon as he may deem appropriate.

CHAPTER 2245(I)/2006
Criminal offenses
79.-(1) Any person who intentionally obstructs the Director or any valuer or any other person authorized by the Director in the exercise of his powers or performance of his duties under this Law shall be guilty of a criminal offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding five thousand euros (€5,000) or to both such penalties.

(2) Any person who intentionally refuses or fails without reasonable excuse to provide the valuer or any other person authorized by the Director with the information referred to in sections 70 or 71, or the written report respectively, within ten days from the date on which the valuer required him to do so, is guilty of a criminal offence and is liable to a fine not exceeding five hundred euros (€500).

(3) Any person who knowingly makes a false statement in the information or report provided by him under the provisions of section 70 or 71 or 74, respectively, shall be guilty of a criminal offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding five thousand euros (€5,000) or to both such penalties.

(4) Any person who makes or authorizes the making of any false official document or document, or falsifies any official document or document in his possession or under his control and produces such false or falsified official document or document to the Director or the assessor or any other person authorized by the Director when required to do so under the provisions of sections 60, 70, 71 or 74, shall be guilty of a criminal offence and shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand euros (€10,000) or to both.

CHAPTER 2245(I)/2006110(I)/2014
Appeals against decisions of the Director

Any person aggrieved by any order, notice or decision of the Director made, given or taken under the provisions of this Law may, within thirty days from the date of notification to him of such order, notice or decision, appeal to the Court and the Court may make such order thereon as may be just but no Court shall entertain any suit or proceeding on any matter in relation to which the Director has power to act under the provisions of this Law, except by appeal as provided in this section:

It is understood that the Court may, if it is satisfied that due to absence from the Republic, illness or other reasonable cause the person complained of was prevented from lodging an appeal within the thirty-day period, extend the time limit within which an appeal may be lodged under such terms as it may deem appropriate.

CHAPTER 224
When is a Court decision final?

Where an appeal is made to the Court as provided in section 80, the order of the Court shall be final and there shall be no right of appeal against it except where it involves a question of personal status or where the amount in dispute exceeds twenty-five pounds:

Provided that any person, including the Director, who has a grievance against any order of the Court on any appeal under section 80, may appeal against it to the Supreme Court on any point of law.

CHAPTER 224
Separation principles and certificates
82.-(1) Every certificate required by any law or custom to be produced at the District Land Office as evidence of a fact relating to any matter affecting any immovable property shall be signed and sealed by the community head of the parish or village in which the property is situated:

It is understood that when the production of a certificate from the community head of the parish or village where the property is located is not possible or practically feasible, the Director may accept instead a certificate from any other community head prepared as provided for in this subsection.

(2) The signature, seal or impression of any person on any document required to be produced or brought to the District Land Office in relation to any immovable property may be certified by the community head of any village or parish and such certification shall be effected by entering a certificate on the document in one of the forms A or B set out in the Third Schedule or in a similar manner and by affixing thereto the signature and seal of the community head:

It is understood that no community leader shall certify any signature, seal or imprint unless

(a) Such signature, seal or impression is affixed to the document in his presence or is declared to him by the person who affixed it that the signature, seal or impression is his own and that it was affixed by him; and

(b) the person signing, sealing or affixing the imprint to the document is personally known to him or his identity is confirmed by two persons known to him personally who sign the document as witnesses to the signature, seal or imprint of the person signing, sealing or affixing the imprint to the document.

(3) Where the facts to be certified are not personally known to the community leader but the certificate is based on information and statements of third parties, the community leader shall formulate the certificate in such a way that it makes it clear in itself that it is based on information and names the informants, and he shall not certify the certificate unless he is satisfied that such informants are, to the best of his knowledge and belief, reliable persons.

CHAPTER 224123(I)/2001
Rights from separate authorities

The fees set out in the Fourth Schedule are paid to community leaders in relation to the various matters set out therein:

It is understood that no fee shall be paid in relation to the certification of any matter which in the opinion of the Director could be included in a certificate for which fees have already been paid.

It is further understood that no fee shall be paid to community leaders in relation to the various matters set out in the Fourth Schedule by a retired person whose monthly pension does not exceed the amount of three hundred Cyprus pounds (C.P.300.00).

CHAPTER 224123(I)/2001165(I)/2007
Sample signatures of community leaders and members of separate committees

Each community leader, upon his appointment, provides the Provincial Land Office of the province with a copy of his signature.

CHAPTER 224123(I)/2001
Procedural Regulations
85.-(1) The Governor, with the assistance and assistance of the Chief Justice, may issue Rules of Procedure for any matter or proceeding made or undertaken before a Court under the provisions of this Law:

It is understood that until such Procedural Regulations are issued, these issues and procedures shall be regulated in accordance with the Procedural Regulations in force at the time.

(2) Notwithstanding any other provisions of the basic law or the regulations issued thereunder, the Council of Ministers, where it deems it necessary, may permit the short-term or long-term lease or grant to the youth organizations of the parliamentary parties and to the Trade Union Federations registered in accordance with the Continuity Law a permit to use immovable property of the Republic for camping purposes, under terms which it shall determine as the case may be.

CHAPTER 224
Special provision regarding the amount of the initial rent for leasing property of the Republic for agricultural, tourist and industrial purposes

Notwithstanding the provisions of the principal law or the regulations made thereunder, paragraphs 2, 5 and 6 of the Schedule to the Immovable Property (Disposition) Regulations are replaced by the following new paragraphs 2, 5 and 6 respectively:
Agricultural Purposes:
(a) Whether the property will be used for agricultural crops. It is calculated based on comparative rents in the area for agricultural purposes. It is calculated based on comparative rents in the area for agricultural purposes.
(b) Whether the property will be used for the excavation of a pit or borehole for irrigation purposes. No rent is paid. No usage fee is charged.
Tourist Purposes:
(a) Whether the property will be used for the construction or use of main tourist facilities. 5% per year on the value of the property. Not applicable.
(b) If the property will be used for the construction or erection of auxiliary facilities to serve mainly tourist facilities, as well as restaurants and other premises, with the exception of hotels. 1-3.5% per year on the value of the property. 1-3% per year on the value of the property.
Industrial purposes:
(a) If the property is located within an industrial area. It is determined by the Council of Ministers, depending on existing infrastructure projects. It is determined by the Council of Ministers, depending on existing infrastructure projects.
(b) If the property is located outside an industrial area. 1-3.5% per year on the value of the property, depending on existing infrastructure projects. 1-3.5% per year on the value of the property, depending on existing infrastructure projects.
83(I)/2010
ANNEXES
FIRST TABLE
(Article 33(4))

REGULATIONS

In these Regulations-

“acquiring party” means the registered owner or co-owners of property who seeks to compulsorily acquire the property of another person under the provisions of section 33.

“interested party” includes the acquiring party, the party whose property is to be acquired and any person who has a real right over such property in the books of the District Land Office.

“property to be acquired” means the property which is sought to be acquired compulsorily under the provisions of article 33.

The acquiring party shall serve notice on the owner of the property to be acquired informing him of the intended acquisition and giving a full description of his own property and the property to be acquired.
The acquiring party shall provide the District Land Office, within sixty days of the service of the notice referred to in Regulation 2, with proof of service thereof and request that the value of the property to be acquired be calculated and shall pay the statutory fees.
If the owner of the property to be acquired wishes to contest the right of the acquiring party to acquire his property, he may, within sixty days from the service of the notice referred to in the Regulation, upon payment of the prescribed fee, request the District Land Office to calculate the value of the registered property of the acquiring party on which this part is based and if he does not so request within the said period, he shall be deemed to have accepted this right.
The Director, before proceeding with the calculation of the value of any property, gives no less than seven days’ notice to the community leader or community leaders who will assist him in carrying out this calculation and to the interested parties, informing them of the date on which he intends to inspect the property.
After the expiry of thirty but before the expiry of sixty days from the date of the notice referred to in subsection (3) of section 33 the acquiring party may pay to the owner of the property to be acquired the value calculated by the Director or deposit it with the District Land Office for payment to the owner, and with proof that such value was so paid or deposited and, unless notice has been given to the Director under Regulation 7, the acquiring party may register as the owner of the property to be acquired on payment of the registration fee:

It is understood that when the property to be acquired is encumbered with the payment of any sum of money, the value thereof which was calculated shall be deposited with the District Land Office to be paid to the persons who have such real rights in accordance with their respective priorities as they have on the day of the deposit of any balance which is paid to the owner of the property acquired.

When an application is submitted to the Court for a change in the Director’s calculation, the applicant shall immediately give notice thereof, and deliver to the District Land Office a copy of his application; otherwise the District Land Office may proceed as if such application had not been submitted and shall not be liable for anything done in good faith before the delivery of such copy.
Where an application is made to the Court for a variation of the Director’s assessment, the acquiring party may, within sixty days from the date of the order of the Court or from the date on which the application to the Court was withdrawn, as the case may be, pay to the owner of the property to be acquired the value fixed in the order or calculated by the Director or deposit the same with the District Land Office for payment to the owner; and on the production to the District Land Office of a certified copy of the Order or proof that the application to the Court was withdrawn as the case may be, and proof that the value was so paid or deposited, the acquiring party may be registered as the owner of the property to be acquired on payment of the registration fees:

It is understood that when the property to be acquired is encumbered with the payment of any sum of money, its value is deposited with the District Land Office to be paid to the persons who have such real rights in accordance with their respective priorities, as they have on the day of the deposit of any balance which is paid to the owner of the property acquired.

After the submission of an application by the acquiring party to the District Land Office as provided for in Regulation 3, to calculate the value of the property to be acquired, no transaction affecting such property shall be permitted at the District Land Office, unless the sixty-day period provided for in Regulations 6 and 8 has elapsed and the acquiring party has failed to pay the value of the property to its owner or to deposit it at the District Land Office as provided for in the above Regulations.

SECOND TABLE
(Article 68)

OATH BY AN APPRAISER

I, ………………………… of ……………………………………………….. do solemnly swear that I will

I carry out any valuation required of me under the provisions of the Immovable Property (Occupation, Registration and Valuation) Law, Cap. 224, faithfully and honestly and to the best of my skill and ability.

He was sworn in today ………………………….. day of ……………………….

THIRD TABLE
THIRD TABLE

(Article 82)

CERTIFICATIONS

TYPE A

Signed (sealed or imprinted) today in my presence by A.B. who is personally known to me

I was told by A.B., who is personally known to me, that the above signature (stamp or imprint) is his.

In witness whereof I hereunto set my signature and the seal of the Community Council this day of……………………..

Stamp

Minister (Co-Chairman)

……………………………….

FOURTH TABLE
(Article 83)

Official

Newspaper,

Annex

Third:

14.5.1982.

RIGHTS

(a) To Community Leaders

For certification of signature, seal or fingerprint……………………………………….

At the discretion of the community leader, a fee not to exceed £3.00.

For the issuance, signing and sealing of a certificate of events related to the possession or use of immovable property, regardless of the number of properties affected:
(i) without inspection of the property…….. At the discretion of the community leader, a fee not exceeding £3.00;
(ii) when inspection is necessary …… Additional fee not exceeding L.K. 5.00 for each property or properties located in the same location.
For the issuance and sealing of a certificate of events relating to the death of any owner or possessor of immovable property or his heirs: ………………………………………………… At the discretion of the community leader, a fee not to exceed £5.00.
It is understood that, when these events are referred to in the

a certificate issued pursuant to paragraph 2,

shall not be collected, pursuant to this paragraph,

any additional amount.

For all certificates for which no further

above special mention, regardless of the number of properties

for which reference is made to these, ..……………………………………….

L.K.5.00.

For posting notices, decisions or other

documents sent by the Director and for the

signing and sealing of the relevant certificate, for each

certificate issued ……………………………………………..

L.K.1.00.

PANEL
4 of 6(I) of 1993.

(Article 4)

Annex

(Article 38KA)

Standard Regulations for the Regulation and Management of Communal Buildings

PART I – INTERPRETATION

1.-(1) In these Regulations-

“Law” means Part IIA of the Immovable Property (Occupation, Registration and Valuation) Law or any Law amending or replacing it and includes the Regulations issued under any provision thereof.

“master” means the master of the unit.

(2) Unless the context otherwise requires, words or expressions contained in these Regulations have the meaning assigned to them by the Law.

PART II – DESCRIPTION OF A COMMON BUILDING

(Detailed description of the jointly owned building including the jointly owned property, i.e. description of the floors, the various units, the limited jointly owned property, the basement, the floors, the roof, the external structures, the parking spaces, the facilities, etc.)

PART III – TABLE A AND TABLE B

3.-(1) The proportion of the jointly owned property belonging to each unit, as provided for in article 38Θ of the Law, and the percentage of votes to which each owner is entitled during the voting provided for in Regulation 25 shall be set out in a Table in the form of Table A’ attached to these Regulations.

(2) The share of each owner in the expenses for the maintenance etc. of the jointly owned property, as provided for in article 38IA of the Law, shall be set out in a Table according to the form of Table B’ attached to these Regulations.

PART IV – RIGHTS AND OBLIGATIONS OF OWNERS OR HOLDERS OF UNITS

Every owner may make alterations, additions or repairs to the interior of the unit he owns, combine adjacent units, increase the area of a unit he owns, after merging with it a part of another adjacent unit that also belongs to him, or combine, in whole or in part, with an internal staircase, one or more units that belong to him with one or more superimposed units that belong to him:

It is understood that no alteration, addition or repair-

(a) It shall not adversely affect the rights of the owner of any other unit and shall not interfere with the enjoyment thereof by the owner of the other unit;

(b) will not affect in any way the jointly owned property, its smooth operation or enjoyment; and

(c) will not affect in any way the walls that support the jointly owned building and its external walls, will not in any way endanger the safety of the jointly owned building and will not affect its external appearance.

Upon taking possession of his unit, each owner shall be obliged to pay to the Management Committee or the seller, if a Management Committee has not yet been appointed, the amount of money to be determined in accordance with these Regulations, which shall represent his share of the initial costs of management and administration of the jointly owned property. In addition, each owner shall pay to the Management Committee the total amount to be determined in accordance with the Law and these Regulations. Each owner shall contribute towards this amount in proportion to his area, as provided for in article 38IA of the Law and as shown in Table B’ attached to these Regulations. Any person who becomes a unit owner at a later stage shall be obliged to contribute towards this amount. This amount will be used as a fixed reserve against the common expenses of the jointly owned property, including the insurance of the jointly owned building in accordance with the Law.
The Management Committee shall submit to the owners a quarterly statement showing the expenses of the preceding three months, their nature and the amount by which any member of the Management Committee who is a owner has contributed towards such expenses. Such initial payments by the owners shall be used to pay the expenses incurred in the first and subsequent years. If such initial payments prove insufficient to meet the expenses of the quarter, the owners shall increase the above amount accordingly, after written notice from the Management Committee to each owner.
No owner or possessor-

(a) Shall not use any unit-

(i) For any unlawful purpose;

(ii) (state the non-permitted uses depending on the nature of the premises, i.e. residence or work);

(iii) generally for any use which is likely to cause noise, odor or other nuisance or which could be harmful to the health or dangerous to the safety of the owners, tenants, lessees, licensees, occupants or those using the other units or which is not in keeping with morality and good conduct; or

(iv) part of the jointly owned property in such a way as to affect the appearance or aesthetics of the jointly owned building or the unhindered and undisturbed use by the owners, tenants, lessees, licensees, occupants or those using the other units of the jointly owned building;

(b) will not convert the originally agreed use of his unit to another use that is contrary to these Regulations or prohibited by them;

(c) without prejudice to his rights in relation to any limited common property granted for the exclusive use of his unit, he shall not move, replace or interfere in any way with any part of the common property.

No owner or occupier without the prior consent of the Management Committee and in violation of the provisions of any relevant Law or Regulations-

(a) Shall not hang, display or place any object or clothing from a balcony, veranda, roof, railing, door or window or from any other external part of the jointly owned building or from any part of the jointly owned building so that it is visible from the outside;

(b) shall not abandon, place or keep any object in the main and auxiliary entrance, on the staircase, on the landings, in the corridors, on the roof, in the elevator or in any other part of the jointly owned property

(d) will not change the color of the windows, patio doors, verandas, railings or external walls of the jointly owned building and in general of any structure on an external wall, surface or part of the jointly owned building;

(e) shall not post, place or permit the posting or placing of any sign, wall sticker, advertisement, announcement, illuminated sign or notice of any kind on any external part of the jointly owned building or on the roof or on any window or other part of the jointly owned building, so that it is visible from the outside:

It is understood that the owners, lessees, tenants, licensed owners or those who use the units may place next to the main entrance and next to the entrance of their unit, in a suitable location to be determined by the Management Committee, small signs with their names and professions, the dimensions of which may be determined by the Management Committee;

(f) shall not possess, store or use any objects or materials that may disturb the other owners, tenants, lessees, licensees or occupants of the units or the persons using the units or the neighbours due to the smell or smoke, dust or soot emanating or produced from them and generally any flammable or dangerous objects or materials nor shall he do anything that may affect or invalidate any fire insurance in relation to the jointly owned building or the jointly owned property or any part thereof or increase the premiums of such insurance;

(g) shall not use solid fuels for the preparation of food;

(h) shall not throw into the sink, toilet, washbasin, bidet, shower or bathtub or into the sewage system any solid or useless objects or objects that may block the pipes or ducts, pollute the atmosphere or from which flammable or dangerous gases may emerge, nor shall he throw into the pipes or ducts anything that may cause damage to them;

(i) shall not deposit waste or garbage anywhere other than in the garbage bins or other areas specifically designated for this purpose;

(j) shall not hang, shake, brush, clean or beat carpets, pillows or other household items or clothing from any balcony, veranda, roof, railing, landing, door or window of any unit or from any part of the jointly owned property;

(k) shall not keep any animal in any unit:

It is understood that he may keep a pet that does not cause any nuisance or breach of any applicable Law or Regulation;

(l) shall not permit the singing or playing of any musical or mechanical instrument or the use of any gramophone, radio, tape recorder, television or recording device in a manner that disturbs any owner, lessee, tenant or licensee of any other unit;

(m) shall not place or install awnings or air conditioning devices on a balcony, veranda, roof, door, window, skylight, wall or other external surface of the jointly owned building or above or below them, without the prior written consent of the Management Committee regarding their location, color, size and shape;

(n) shall not erect, project, place or hang, nor permit to be erected, projected, placed or hung outside his unit or on any external part of the jointly owned building or on any part of the jointly owned property, a radio or television antenna or wire or stake or any other device or object;

(o) shall not place or plant any plants on a balcony, veranda, roof, window, wall or other external surface of the jointly owned building with the exception of ornamental plants in attractive flowerpots or other suitable containers that are in harmony with the overall appearance of the jointly owned building, have been approved by the Management Committee and do not allow water to leak from them;

(p) shall not pour or allow water or other liquids to be poured from his unit into the units of other owners or into the jointly owned property or generally outside the jointly owned building.

Every gentleman must-

(a) To allow the Management Committee and its representatives at reasonable hours and after notice – it being understood that notice is not required for urgent cases – to enter his unit for the purpose of inspecting it and maintaining, repairing or replacing the pipes, wires, cables and conduits of the unit that may be used in connection with the operation of any other unit or the common property or for the purpose of maintaining, repairing or replacing common property or ensuring compliance with these Regulations.

(b) to promptly perform any work imposed on him by a competent administrative body, authority or person in relation to his unit other than work in relation to the jointly owned property and to pay any tax, fee, charge paid for his unit;

(d) to promptly pay any amount due under the Law and the Regulations;

(e) to immediately notify the Management Committee of any change in ownership, possession or use of his unit;

(f) to notify the Management Committee of any absence, if it exceeds fifteen days.

Every owner must, when granting a lease or entering into a lease, rental, license or other agreement for the possession or use of his unit, whether for consideration or not, ensure as part of his obligations that such lease, rental, license or other agreement will include a condition with express notification to the lessee, tenant, licensee of the obligations of the owner, tenant, tenant or licensee under these Regulations and with an express commitment by the lessee, tenant or licensee regarding the unconditional acceptance of all the provisions of these Regulations.
Each owner is entitled to demand, through the Management Committee or directly from the offending owner in the event that the Management Committee neglects or refuses to act on behalf of the owner, that the offending owner repair any damage caused due to a violation of any of the provisions of these Regulations.
Each owner bears personal liability towards the other owners and towards any third party for any violation of any provision of these Regulations by himself and by any tenant, lessee or licensed owner of his unit, with or without consideration, and also for any deterioration in the condition of or damage to the jointly owned property, caused by any act or omission of the owner or the tenant, lessee or licensed owner.

13.-(1) All rights and obligations of the owners arising from the provisions of these Regulations shall continue to belong to and be borne by the owner of each unit, whether the unit is owned or used by the owner of the unit or by any person deriving his rights from such owner or not. If any unit remains unused or vacant for any period of time, the owner shall remain responsible for the fulfillment of all his obligations and for the payment of the expenses attributable to his unit, as determined in these Regulations.

(2) In the event that the owner refuses to pay any amount due under section 38IA, the tenant or legal owner of the unit may pay the above amount and deduct it from the amount to be paid to the owner as rent, unless a private agreement provides otherwise.

PART V – GENERAL ASSEMBLY OF GENTLEMEN

The first general meeting of the owners will be convened within three months from the date of registration of the jointly owned building in the Land Registry.
Each subsequent general meeting of the gentlemen shall be convened once a year, provided that the period of time between the date of one annual general meeting and the immediately following one may not exceed fourteen months.
Every general meeting, other than the annual general meeting, shall be called an extraordinary general meeting.
The Management Committee may, at any time it deems appropriate, and shall be obliged, upon a written request from the owners of at least twenty-five percent (25%) of the jointly owned property, as specified in article 8 of the Law and as shown in Table A attached to these Regulations, to convene an extraordinary general meeting. If the Management Committee does not convene a meeting within fourteen days from the date on which the request was submitted to it, the owners of the units that submitted the request may convene the meeting.

18-(a) Seven days’ notice shall be given of every general meeting specifying the place, date and hour of the meeting and, in the case of business, the nature of any business. Any accidental omission to give such notice to any member or the non-receipt thereof by any member shall not invalidate any proceedings at such meeting.

(b) A notice posted in a prominent place in the jointly owned building is deemed to have been given to each unit owner one day after its posting.

Apart from the examination of the accounts and the election of the members of the Management Committee by the annual general meeting, any business carried out at such general meeting or extraordinary general meeting shall be considered special.
Unless otherwise provided in this Law or in the Regulations, no business shall be transacted at any general meeting unless there is a quorum of persons entitled to vote at the time the meeting takes up the business. A quorum shall be present if there are present, in person or by proxy, persons to whom not less than fifty percent (50%) of the jointly owned property belongs, as shown in section 38Θ of the Law and in Table A’ annexed to these Regulations.
If a quorum is not present half an hour after the time appointed for the general meeting, the meeting shall be adjourned to the same day of the following week, at the same place and time. Although at such general meeting a quorum is not present half an hour after the time appointed for the general meeting, the persons present and entitled to vote shall constitute a quorum.
At the beginning of the general meeting, a Chairman and Secretary of the meeting must be elected.
The decisions of the general meeting shall be taken by a show of hands, unless any person present in person or by proxy demands a poll. If a poll is not required, a declaration by the Chairman that a decision has been taken by a show of hands shall be conclusive evidence of that fact, without proof of the number or percentage of votes cast for or against the decision. The demand for a poll may be waived.
If a vote is required, it shall be conducted in any manner the President deems appropriate and the result of the vote shall be the decision of the meeting.
In the event of a tie, by vote or by show of hands, the Chairman of the meeting shall have a second or casting vote.
In the event that the decision is taken by show of hands, each owner shall have one vote; if the decision is taken by ballot, each owner shall have a number of votes corresponding to the share in the jointly owned property belonging to his unit, as provided for in article 38Θ of the Law and as shown in Table A’ attached to these Regulations.
Votes may be cast in person or by proxy, regardless of whether the decision is taken by show of hands or by ballot.
The appointment of a proxy must be made by a document signed by the person appointing the proxy or by his representative. The proxy may be general or for a specific meeting and does not need to be a principal.
If the unit owner is a legal entity, he may participate in the meeting and vote by proxy appointed in accordance with the provisions governing the legal entity.
When the unit belongs to more than one owner, the co-owners may, by a document signed by all the co-owners or their representatives, appoint one of them or any other person as their proxy for all general meetings or for a specific general meeting.
Unless a unanimous decision is required by or under the Law, no owner shall be entitled to vote at any general meeting unless all contributions payable in respect of his unit have been paid.
If the owner is a trustee, he will exercise the right to vote in relation to the relevant unit to the exclusion of the beneficiaries of the trust, and these beneficiaries do not have the right to vote.
Decisions at a general meeting shall be taken by a majority of the votes of the persons present and entitled to vote, unless a greater or qualified majority is specified by the Law or these Regulations. Where a qualified majority is specified by the Law or these Regulations in relation to any matter, no decision in relation to that matter shall be valid unless taken by the majority specified.
A decision imposing on any principal obligations or payments of any kind or extent not provided for by the Law or these Regulations or which alters his rights shall not be valid with respect to such principal, unless he consents to it.
The secretary of the general meeting must keep minutes of the proceedings in an appropriate manner.

PART VI – MANAGEMENT COMMITTEE

During the first general meeting, the owners determine the number of persons who will constitute the Management Committee, which may not exceed five, and elect the person or persons who will constitute the Management Committee.
If the members of the Management Committee are more than one, a treasurer shall be elected. If the members do not exceed two, they must be unit owners.
If a temporary Management Committee has been appointed pursuant to article 38KG of the Law, its term of office shall expire on the date of the first general meeting.
A General Meeting may change the number of members of the Management Committee appointed under these Regulations or supplement it by electing new members, if for any reason the number of its members has been reduced:

It is understood that, if the number of members of the Management Committee is reduced below the number determined in accordance with these Regulations, the remaining members of the Management Committee must convene an extraordinary general meeting within ten days for the election of new members.

The term of office of the Management Committee, including the term of office of the members elected pursuant to Regulation 38, lasts until the election of the new Management Committee at the next ordinary general meeting:

It is understood that the gentlemen, by their decision taken at a general meeting, may at any time terminate the term of office of any member of the Management Committee and replace him with another person.

The members of the Management Committee may be re-elected.
The members of the Management Committee, if they exceed two, elect one of them as Chairman. If the members of the Management Committee exceed two, decisions are taken by majority vote. If the votes in favor of a particular proposal are as many as those against, the decision is considered rejected.
The Management Committee exercises all the powers and performs all the duties specified in the Law or these Regulations and any other powers or duties assigned or imposed upon it by the owners in general meeting.
The Management Committee may employ persons or representatives and pay them reasonable remuneration, as it deems necessary.
The Management Committee maintains income and expense statements and submits them for approval with all relevant receipts and data to the regular general meeting.
Every owner may, within a reasonable time, inspect the income and expenditure statements and the relevant receipts and data.
The financial year in relation to a jointly owned building begins on the first day of January and ends on the thirty-first day of December of each year:

It is understood that the first financial year begins on the date of registration of the jointly owned building in the Land Registry and ends on the thirtieth day of December of the same year:

It is further understood that, if the date of registration of the jointly owned building in the Land Registry is after June 30th, the first financial year ends on the thirty-first of December of the year immediately following the year of registration.

TABLE A

(Regulations 3(1))

Jointly owned building known as ………………………………………………” located at ……………………………………………………………………

Common property belonging to each unit under article 38Θ of the Law and calculated in accordance with the provisions of this article.

1 2 3 4
Floor
Unit

Number

Identification

Percentage of joint ownership

property that

belongs to each unit

Percentage (%)

votes in relation

with each unit

TABLE B’

(Regulation 3(2))

Jointly owned building known as ………………………………………………” located at ……………………………………………………………………

Participation of the units in the maintenance costs, etc. of the jointly owned property pursuant to article 38IA of the Law, calculated in accordance with the provisions of this article.

1 2 3 4
Floor
Unit

Number

Identification

Surface area ratio

floor area (m2)

each unit

Percentage per cent

thousands (0/00) in

expenses for shared services

Utilities and other expenses
Notes:

(a) Heating: Oil consumption, maintenance and repair costs of the central heating installation machinery;

(b) Common: Cleaning lady’s salary, cleaning materials, elevator maintenance and repair, electricity and water consumption, decoration of common areas, emptying of cesspools and any expense not included in (a) and (b);

TABLE B
[Deleted]
TABLE C
TABLE C
[Article 18(5)]
No. Geographical
area
Registration number F/Plan Part Piece Area
Square Meters Share

Nicosia
Municipality of Aglantzia 6349 21.63E1 2 5118 24,860 ALL
Nicosia
Municipality of Latsia 7014 30.15W2 2 3679 3,135 ALL
Nicosia
Denia 2550 20.54 0 345 79,500 ALL
Nicosia
Akaki 14232 20.45 0 186 418,500 ALL
Nicosia
Political 9522 39.01 0 457 1,031,251 ALL
Limassol
Monagroulli 12972 55.41 0 458 1,124,500 ALL
Limassol
Pissouri 66 57.14 0 110 136,122 ALL
Paphos
Municipality of Geroskipou 39 51.27E1 3 44 49,498 ALL
Paphos
Municipality of Geroskipou 41 51.27E1 3 46 99,803 ALL
Paphos
Neo Chorio 9 26.49 0 215 4,348 ALL
Paphos
Neo Chorio 56 26.57 0 349 65,720 ALL
Paphos
Tremithousa 6716 45.43 0 598 62,970 ALL
Famagusta
Municipality of Paralimni 4596 0.2-292-379 9 856 17,045 ALL
Famagusta
Municipality of Paralimni 4631 0.2-293-378 8 603 27,998 ALL
Note
Observations of the Service for the Revision and Consolidation of Cyprus Legislation
The basic Law came into force on September 1, 1946.
Article 4 of the basic law came into force on 4 March 1953 by article 3 of Law 3 of 1960. Article 4 of Law 3 of 1960 reserved the rights of the parties in pending legal proceedings.
The legislative acts concerning usufruct which are mentioned in the reservations of article 10 of the basic law as having been repealed by the basic law with reservations, are mentioned at the end of the Fourth Schedule of the basic law.
Law 10 of 1966 which is referred to under the subtitle of section 11A(1) of the principal law came into force on 1 April 1967 by notification of the Council of Ministers published in the Third Schedule of the Official Gazette of the Republic with No. 566 on 30 March 1967.
Section 27 of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 1980 contains the following transitional provisions:
The following provisions shall apply to any sale declared before the entry into force of this Law, in respect of which the provisions of article 24 or, as the case may be, of article 25, as they stood before their amendment by this Law, were in force:

(a) If the action required by paragraph (a) or, as the case may be, by paragraph (b) of subsection (1) of the relevant article is not taken and proof thereof is not presented to the Director within sixty days from the date of entry into force of this Law, the Director shall proceed to publish the notice provided for in the aforementioned paragraph (b) of subsection (1) of the relevant article, as provided for in subsection (2) of the relevant article.

(b) In the event of publication either by the person appearing in the declaration of sale as the purchaser or by the Director as in paragraph (a), if within the thirty-day period provided for in such notice, the right to acquire the immovable property declared as sold, which is granted by the relevant article, is exercised, the Director shall notify the person appearing in the declaration as the intended purchaser of the fact and, if such person does not act as in paragraph (c) within thirty days from the date of such notification, upon the expiry of such period the Director shall register the immovable property in the name of the person who exercised the right to acquire it and shall pay to the person appearing in the declaration as the intended purchaser the amount deposited by the person aforesaid, after deducting from it the expenses for the publication of the notice carried out by him.

(c) If within thirty days of the notification to the person referred to in paragraph (b) the person appearing in the declaration as the intended purchaser believes that because of an increase in the value of the immovable property in question which occurred after the date of the declaration of transfer or since the date on which the sale was agreed, or because of improvements made thereto by such person, the sale price declared does not represent the value of the immovable property on the date of publication under paragraph (a) of this section, he shall submit to the Director an objection stating the value of the immovable property which in his opinion should be paid by the person who exercised the right to acquire it. The Director shall notify the objection of the person appearing in the declaration as the intended purchaser to the person who exercised the right to acquire it and as follows:

(i) The person who has exercised the right to acquire the immovable property may, within thirty further days from the date of the Director’s notification provided for in this paragraph, deposit with the District Land Office any part of the value required by the intended purchaser or of any value agreed between him and the intended purchaser which may exceed the amount initially deposited by him, or

(ii) apply to the Court for the determination of the value to be paid,

(iii) if, within the thirty-day period provided for in paragraph (i), the person exercising the right to acquire the immovable property fails to deposit with the District Land Office the value required by the intended purchaser or another value agreed between them, or if he fails to notify the District Land Office of a copy of any application he may have made to the Court to determine the value to be paid, the right to acquire the immovable property shall be forfeited, the amount initially deposited by him with the District Land Office shall be returned and the immovable property shall be registered in the name of the person who appears in the declaration of sale as the intended purchaser, subject to any costs of the publication of the notice made by the Director as provided for in paragraph (a), as if such costs were fees or rights, and the provisions of article 5 of the Land and Survey Department shall apply in relation thereto. (Fees and Rights) law.

Also, the real estate is registered in the name of the person who appears in the sale declaration as the intended purchaser, burdened with any costs of the publication of the notice made by the Director, if the right granted by the relevant article is not exercised following publication in accordance with paragraph (a) above.”

Section 4 of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Act, 1978 (2 of 1978) repeals the State Property (Lease Registration) Acts, 1967 and 1968 (49 of 1967 and 88 of 1968), provided that every registration of a lease or sub-lease or transfer of such lease or sub-lease shall be deemed to have been effected under Part IV of the principal Act.
Part IV REGISTRATION OF LEASE came into force on April 1, 1980 by notification of the Council of Ministers published in the Official Gazette of the Republic, Annex III(I) R.D.P. 61/80.
Section 3 of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 1978 (2 of 1978) contains the following transitional provisions:

“3.-(1) Any lease of immovable property which exists on the date of the coming into force of this Law may be registered, mutatis mutandis, in accordance with the provisions of section 65B, which is hereby inserted into the principal law, within six months from the said date, if

(a) The period of such lease which has not yet expired, together with any further periods or renewal or extension of the contract which may be expressly provided for in the relevant contract, exceeds fifteen years;

(b) the consent of the lessor required for such registration is obtained (this term has the meaning assigned to it by subsection (2) of section 65A inserted into the principal law by this Law):

It is understood that in a case where it is not possible to find the lessor or if he has died and no orders for the administration of his property have been issued or if there are none or if the administrators of his property are not to be found or if it is difficult to find the heirs of a deceased lessor or the beneficiaries of the leased immovable property, the submission of the consent referred to in this paragraph is not necessary;

(d) the lessor, after being notified by the Director of his decision to register the lease, does not appeal this decision in accordance with the provisions of article 80 of the basic law, which provisions shall apply mutatis mutandis.

(3) Notwithstanding the provisions of section 65D inserted into the principal law by this Law, the sublease of a real right acquired under a lease agreement of state immovable property which was written under the laws repealed by section 4 or which will be written under subsection (1) of this section may be written under the principal law, as amended by this Law, if the period of such lease exceeds three years even if it does not exceed fifteen years.

(4) Subject to the provisions of Part IV inserted in the principal Act by this Act, until Regulations are made under section 65N prescribing the matters which may or shall be prescribed by Regulations, the relevant provisions of the State Property (Registration of Leases) Regulations, 1968 shall apply in respect of the lease and sublease of State property, as if the State Property (Registration of Leases) Acts, 1967 and 1968 had not been repealed.”

Article 81 of the basic law must be read and interpreted together with the provisions of Article 155 of the Constitution and the provisions of article 25 of the Courts Laws of 1960 to 1980,
Article 85 of the Basic Law must be read and interpreted together with the relevant provisions of the Constitution on Courts.
Article 2 of the Immovable Property (Occupation, Registration and Valuation) (Amendment) Law of 1994 (58(I) of 1994) “Special Provision”, was written at the end of the Greek translation of the basic law due to its independence.
The re-enactment of the basic law is being studied.

Note
13 of Law 110(I)/2014 Entry into force of this Law [S.S.: namely Law 110(I)/2014
13.-(1) Subject to compliance with the provisions of subsection (2), the force of this Law [S.S.: namely L. 110(I)/2014] shall commence upon its publication in the Official Gazette of the Republic.

(2) Notwithstanding the provisions of any other law, any tax imposed for the year 2014 in relation to immovable property shall be calculated on the basis of the value of the property on 1 January 1980.

Note
3 of Law 180(I)/2014Commencement and duration of validity of Law 180(I)/2014
The force of this Law [S.S.: namely L. 180(I)/2014] begins upon its publication in the Official Gazette of the Republic and lasts until April 25, 2015 .

Note
3 of Law 48(I)/2015Entry into force of Law 48(I)/2015
The force of this Law [S.S.: namely Law 48(I)/2015] is deemed to have commenced on 1 January 2015.

Note
3 of Law 54(I)/2015Commencement and duration of the validity of this Law [S.S.: s. of Law 54(I)/2015]
The validity of this Law [S.S.: namely Law 54(I)/2015] begins upon its publication in the Official Gazette of the Republic and lasts until December 31, 2015 .

Note
3 of Law 54(I)/2021Commencement and expiry of the validity of this Law [S.S.: namely Law 54(I)/2021]
The validity of this Law [S.S. i.e. L. 54(I)/2021] begins upon its publication in the Official Gazette of the Republic and expires on 31 December 2021.

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