The Turkish Cypriot Properties (Administration and Other Matters) (Temporary Provisions) Law of 1991 (139/1991)

The Turkish Cypriot Properties (Administration and Other Matters) (Temporary Provisions) Law of 1991 (139/1991)

Preamble
Whereas, as a result of the mass movement of the Turkish Cypriot population as a result of the Turkish invasion of the areas occupied by the Turkish invading forces and the prohibition by these forces of the movement of this population in the areas of the Republic of Cyprus, properties consisting of movable and immovable property were abandoned,

And because immediate measures have become necessary to protect these properties,

And since among the measures taken was the management of these properties by a special committee established through administrative arrangements,

And because it became necessary to legislatively regulate the issue of Turkish Cypriot properties in the Republic.

Short title

  1. The Turkish Cypriot Properties (Administration and Other Matters) (Temporary Provisions) Laws of 1991 to 1997 shall be referred to together as the Turkish Cypriot Properties (Administration and Other Matters) (Temporary Provisions) Laws of 1991 to 1997.

139/1991
Interpretation

  1. In this Law, unless the context otherwise requires-

“Republic” means the Republic of Cyprus;

“Director” means the Director of Internal Affairs to whom the duties of Director of the Service are assigned or the officer to whom the duties of Director of the Service are assigned by the Minister;

“disorderly situation” means the situation created as a consequence of the Turkish invasion which continues to exist until the Council of Ministers, by notification published in the Official Gazette of the Republic, sets a date for the end of this situation;

“Guardian” means the Minister appointed under section 3;

“visual inspection” means the inspection carried out by a civil engineer registered in the Register of Members of the Cyprus Scientific and Technical Chamber (CSC), on the basis of a visual inspection form prepared and issued by CSC for the conduct of visual inspections of buildings and the issuance of a relevant certificate of successful visual inspection with observations regarding the identification of obvious damage/damage and a certificate of unsuccessful visual inspection due to the identification of obvious worrying damage and/or damage, depending on the result of the inspection carried out;

“bidding competition” means the competition for the award of a lease contract for Turkish Cypriot property, as specifically specified in Regulations issued under the provisions of this Law;

“refugee” means a person holding a refugee identity card issued by the competent authority;

“affected area” has the meaning assigned to that term by the Debtors’ Relief (Temporary Provisions) Act, 1979;

“Turkish Cypriot property” includes any movable or immovable property belonging to a Turkish Cypriot and located in the areas controlled by the Republic and includes waqf property;

“Turkish Cypriot” means a Turkish Cypriot who does not have his or her habitual residence in the areas controlled by the Republic and includes a company or other legal entity controlled by a Turkish Cypriot, as well as Evkaf;

“Service” means the Turkish Cypriot Property Management Service of the Ministry of Interior;

“Minister” means the Minister of the Interior and includes his authorized representative.

139/199159(I)/20035(I)/2023136(I)/202461(I)/2025
Guardian of Turkish Cypriot properties

  1. The Minister is hereby appointed Guardian of the Turkish Cypriot properties and shall administer them in accordance with the provisions of this Law and shall exercise the powers granted to him by this Law during the period of the state of emergency and until a final settlement of this matter is reached:

It is understood that in the context of exercising the above power to manage Turkish Cypriot properties during the state of emergency, the Minister also has the power as administrator, to lift, by his duly justified decision and under such terms as he deems appropriate, the management of a specific Turkish Cypriot property or part thereof, after taking into account in relation to the management the conditions and circumstances of each case and weighing all relevant factors in this matter, including whether the Turkish Cypriot owner of the property or his heirs or successors in title, as the case may be, own property belonging to a Greek Cypriot in the areas not controlled by the Republic:

It is further understood that the following factors, among others, count positively towards the lifting of the management of Turkish Cypriot property:

(a) That it concerns the management of property which, when it came under the management status of the Guardian, the Turkish Cypriot owner of the property had his habitual residence abroad where he had gone at any time before or after the Turkish invasion of 1974 and the said owner continues to reside there or has returned or is returning from abroad for permanent settlement in the areas controlled by the Republic, or intends to return to the said areas,

(b) that it concerns the management of property which at any time after it came under the management status of the Guardian, the Turkish Cypriot owner of the property became permanently established and continues uninterruptedly to be permanently established in the areas controlled by the Republic,

(c) that the property under management concerns a residence in which the Turkish Cypriot owner and possessor resided before the Turkish invasion of 1974 and in which he intends to reside upon arrival from the areas not controlled by the Republic for permanent settlement in the areas controlled by the Republic.

139/199139(I)/2010
Advisory Committee
4.-(1) An Advisory Committee is hereby established, the purpose of which is to study and provide advice to the Guardian who, before deciding on any matter concerning the management of Turkish Cypriot properties, takes into account its opinion which is expressed by its decision taken by the majority of its members present.

(2) The Advisory Committee, whose term of office is three years, consists of the following persons:

(a) The Guardian or his representative as President;

(b) the Director;

(c) a representative of the Ministry of Finance;

(d) a representative of the Ministry of Agriculture and Natural Resources;

(e) representative of the Pancyprian Refugee Committee;

(f) representative of the Panagrotiki Union of Cyprus (PEK);

(g) representative of the Cyprus Farmers’ Union (EKA);

(h) Agricultural representative;

(i) representative of the Pan-Agricultural Association;

(j) one representative of each of the parliamentary parties;

(k) representative of POVEK;

(l) representative of Euroagrotikos.

(3) The Committee shall meet every two months upon written invitation by the Guardian or his representative or earlier, whenever deemed necessary by him or if requested by at least seven of its members at a place and time to be determined for the purposes of study, discussion and decision-making where necessary regarding any matter concerning the management of Turkish Cypriot property.

(4) A quorum is formed by at least nine members of the Advisory Committee and its decisions are taken by a majority of those present.

(5) Minutes are kept at each meeting of the Advisory Committee, which are communicated to the Guardian and all its members.

(6) Copies of the decisions of the Advisory Committee are communicated to the Parliamentary Committee on Refugees, Entrapped, Missing and Suffering Persons for information.

139/199159(I)/200368(I)/20125(I)/2023
Special committees
4A. (1) The Guardian, after taking into account the opinion of the Advisory Committee and if he deems it appropriate and necessary for the better implementation of this Law, may appoint special committees in each province.

(2) The special committees deal with special issues referred to them by the Guardian or by the Advisory Committee.

(3) Special committees appointed on the basis of the above shall meet in regular or extraordinary meetings depending on the needs that exist for the performance of their work in relation to the specific issues that have been referred to them.

(4) The term of office of the members of the special committees is three years and their number, composition and mode of operation are determined by the Guardian following consultations with the Advisory Committee:

It is understood that a member of a special committee may be reappointed to any committee for two terms only.

(5) Each special committee is in quorum if half of the total number of its members plus one are present.

(6) The decisions of the special committees must be justified and taken by a majority of those present. In the event of a tie, the chairman of the committee has a casting vote.

(7) Copies of the decisions of the special committees are communicated to the Guardian for approval, who also ensures that the Advisory Committee is informed; copies of these are also communicated to the Parliamentary Committee on Refugees, Entrapped, Missing and Suffering Persons for information.

59(I)/2003
Turkish Cypriot properties in the Guardianship

  1. Subject to the provisions of this Law, in the management of Turkish Cypriot properties and the exercise of the powers granted to him by this Law, the Guardian shall have all the rights and obligations that the Turkish Cypriot owner would have:

It is understood that, despite the amendment of the basic law by this Law, all acts or decisions made or taken by the Guardian, in accordance with the basic law, are considered to have been made or taken lawfully.

139/199159(I)/2003
Guardian Responsibilities

  1. Without prejudice to the generality of article 5, the Guardian shall have the following powers, which he shall exercise with the assistance of public servants:

(a) Manages any Turkish Cypriot property; according to the circumstances of each case and for this purpose-

(i) Collects any amount due to the beneficiary and provides the necessary proof:

It is understood that in the cases of lease contracts of Turkish Cypriot real estate to displaced persons for housing or self-housing purposes in a government settlement or in a self-housing settlement, which are registered in accordance with the provisions of Part IV of the Immovable Property (Occupation, Registration and Valuation) Law, the stipulated rent shall not be collected nor shall it be deemed to be due.

(ii) Collect and dispose of any product of such property in the manner most beneficial to the owner;

(iii) Makes the necessary payments to fulfill obligations relating to the property under management;

(iv) Takes care of the necessary repairs, improvements, developments, cultivations, plantings or, where necessary, such alterations of the property as would be beneficial to the owner;

(v) Makes arrangements, enters into, terminates or cancels contracts or assumes obligations or encumbrances in relation to any such property and in particular leases it on the terms most advantageous to the owner:

It is understood that if and to the extent that contracts concluded between the Guardian and any person contain a clause in the form of a penalty, in the event of their violation by any of the contracting parties, the provisions of the Public Procurement Law will apply in relation to them.

(vi) to sell or otherwise dispose of any such movable property which is subject to deterioration or which by its nature should be sold or disposed of in the interest of the owner;

(vii) generally does everything that may or may not necessarily involve the management of Turkish Cypriot properties.

(b) Initiates or defends any action or reference or takes part in any proceeding concerning Turkish Cypriot property or settles any action or reference or any other proceeding which would be beneficial to such property or the owner.

(c) Accepts service of process, summons or other judicial documents relating to Turkish Cypriot property, represents and binds the owner of any Turkish Cypriot property before any judicial, administrative or other authority in the Republic or anywhere outside the Republic, gives or receives notices in accordance with the provisions of any Law applicable in relation to Turkish Cypriot property and attends on-site investigations and negotiations relating to such property.

(d) Manages the Turkish Cypriot Property Fund established pursuant to article 11 of this Law.

(e) Keeps all the prescribed books of the management of Turkish Cypriot properties.

(f) Requests and receives from any interested person, Government Department or Authority, information regarding any Turkish Cypriot property.

(g) Exercises all rights and performs all obligations arising from any legal contract to which a Turkish Cypriot or the Central Committee which managed the Turkish Cypriot properties prior to the enactment of this Law, is a contracting party instead of him.

(h) In general, take such measures or do any act as may be necessary or expedient for the exercise of the powers conferred by this article:

It is further understood that it is not considered beneficial for the owner or his property or necessary for the public interest to alienate Turkish Cypriot property in any way for the purpose of issuing a title deed in favor of any person in accordance with the provisions of the Immovable Property (Registration, Possession and Valuation) Law or the Compulsory Expropriation Law.

139/199199(I)/199233(I)/199859(I)/200356(I)/2006119(I)/2007
Actionable right
6A.(1) The violation of a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms or its Protocols ratified by the Republic due to the application of a provision of this Law is actionable.

(2) A person who claims that due to the application of a provision of this Law in his case any right guaranteed by the above Convention or its Protocols has been violated, is entitled, if his relevant request to the Minister is rejected, to appeal to the provincial court with an action against the Republic and the Guardian for the alleged violation and to claim for the violation the remedies provided for in this article:

Provided that in the event that the remedies sought include a claim by the owner for a court order to return to him property which is under administration under this Law, the action shall also be brought against the person who lawfully possesses the property.

(3) In order to determine in an action under subsection (2) whether the plaintiff’s right has been violated, the court shall examine the circumstances of the case and shall take into account the factors which the European Court of Human Rights has from time to time taken into account as relevant to the matter at hand as they arise from its case-law on the subject.

(4) In the event that in an action under this article the court finds that the plaintiff’s right has been violated, he is entitled to:

(a) Compensation for any financial damage, loss, costs and expenses that have been proven to have been incurred due to the breach,

(b) compensation for non-pecuniary damage or injury suffered due to the breach,

(c) legal fees proven to have been incurred due to the violation,

(d) issuance of a binding decree recognizing a right under the Courts Law,

(e) any other remedy which the court has power to grant in the exercise of its civil jurisdiction under the Courts Law or any other law for the time being in force or applicable law.

(5) In order to establish the damage resulting from the violation referred to in subsection (4) and the calculation and award of compensation pursuant to the said subsection, the court shall take into account the criteria and factors taken into account for this purpose by the European Court of Human Rights as arising from its case law in cases of violation of the relevant right guaranteed by the above Convention or its Protocols.

(6) In the event that in an action under this section the court issues an order for the return to the plaintiff of property under administration, the Guardian and the legal owner of the property are entitled to the action with their respective relevant counterclaim against the plaintiff, to any amounts of expenses that each of them has proven to have incurred for repairs, improvements, developments, constructions and alterations made to the property under this Law:

It is understood that the said right of the legal owner is only for the costs of repairs, improvements, developments, constructions and alterations of the property carried out with the permission of the Guardian.

(7) In the event that for the purposes of compliance with a court decision in an action under this article the Guardian decides to lift the management of Turkish Cypriot property, then he is entitled, by action against the owner in whose favor the said court decision was issued, or against his heirs or successors in title, as the case may be, to any amounts of expenses that he has proven to have incurred for repairs, improvements, developments, constructions and alterations that he has made to the property under this Law while it was under management:

It is understood that a person who was lawfully in possession of the said property at the time of the court decision or the above decision of the Guardian and was subsequently forced to abandon it as a result of the court decision or the removal of the guardianship, is entitled, by action against the above owner, his heirs and successors in title, to any amounts of expenses that he had proven to have incurred for repairs, improvements, developments, constructions and alterations that he made to the property with the permission of the Guardian while it was in his possession.

39(I)/2010
Delegation of responsibilities by the Guardian
6B. The Guardian may, if and when he deems it appropriate, act through other competent officers or bodies following a written delegation to them of any of the powers granted to him by the basic law.

139/199135(I)/199439(I)/2010
Guardian’s power to enter into contracts in relation to Turkish Cypriot properties
6C. Within the framework of his power to manage Turkish Cypriot properties under article 5 of this Law and in the exercise of his powers under article 6 of this Law, the Guardian may, after first taking into account the opinion of the Advisory Committee and subject to the reservations set out in the said article 6, in exceptional cases, and only where this serves the public interest, conclude contracts for the lease or granting of a license to use Turkish Cypriot immovable property to the Government of the Republic, to public benefit organizations and to local administrative authorities by virtue of which the use and/or possession of the property may be permitted, in a manner and under conditions which, in the opinion of the Guardian, serve both the said public interest and the purposes of this Law.

(2)(a) Subject to the provisions of subsection (3), the Guardian may-

(i) in the event that he publishes a Turkish Cypriot property relating to agricultural land for the purposes of leasing it to a refugee and the said property is not leased due to lack of interest from the refugee, and/or

(ii) in the case of Turkish Cypriot property falling within a special management area, as determined by the Guardian on the basis of its special urban, economic, commercial or other characteristics and approved by the Council of Ministers and which may be disposed of only following a competitive bidding process, in the context of which no valid bid was submitted by a refugee,

to conclude contracts for the lease of the said Turkish Cypriot property with a person who is not a refugee, following a competitive bidding process and after having previously taken into account the opinion of the Advisory Committee, subject to the reservations provided for in the provisions of article 6 and only if this serves the public interest and the purposes of this Law:

It is understood that a derogation from the publication obligation is permitted exclusively in the cases specified by Regulations issued under this Law:

It is further understood that the maximum period of lease of Turkish Cypriot property which falls within a special management area is determined by Regulations issued under this Law.

(b) For the purposes of this subsection, the term “publication” means the posting of a list, every three months, of Turkish Cypriot properties available for rent and the corresponding calculated rent payable, where applicable, on the website of the Turkish Cypriot Property Management Service and in the provincial offices of the Turkish Cypriot Property Management Service, for a period of at least forty-five (45) days.

(3) In the event that in the bidding procedure provided for by the provisions of subsection (2)-

(a) if a valid offer is submitted by a refugee, a contract for the lease of the said Turkish Cypriot property shall be concluded with the said refugee;

(b) if no bid is submitted by a refugee in accordance with the provisions of paragraph (a) or all bids submitted by refugees are invalid, a new bidding competition shall be held by the Guardian within forty-five (45) days from the holding of the first bidding competition:

It is understood that the provisions of paragraph (a) also apply in the case of a bidding competition that is conducted anew in accordance with the provisions of this paragraph:

It is further understood that, in the event that the auction conducted anew in accordance with this paragraph is not awarded to a refugee, the Turkish Cypriot property shall be allocated to a person who is not a refugee in accordance with the provisions of subsection (2):

It is further understood that, in the event that more than one refugee expresses interest in the bidding procedures provided for in subsections (2) and (3), the lease of the Turkish Cypriot property shall be carried out-

(a) in the case of Turkish Cypriot property for agricultural use, in accordance with the provisions of the basic law and the Regulations issued thereunder regarding the leasing of Turkish Cypriot property for agricultural use to refugees; and

(b) in the case of Turkish Cypriot property falling within a special management area, in accordance with the terms of the relevant bidding process

59(I)/200339(I)/201061(I)/2025136(I)/2025
Meeting the needs of refugees
7.-(1) The Guardian, in the management of Turkish Cypriot properties and the exercise of his powers under this Law, shall ensure that the needs of the refugees are met while serving the interests of the owners of the said properties, based on specified criteria:

It is understood that, before any permit to use Turkish Cypriot real estate is granted to beneficiaries, for housing or professional use purposes, the Guardian, for security reasons, shall ensure that a visual inspection of the property is carried out:

It is further understood that the visual inspection provided for in the first reservation does not include and does not constitute an assessment of the seismic adequacy of the property, for which the preparation of a special study is required in accordance with the Eurocodes in force as defined by the provisions of the Roads and Buildings Regulations:

It is further understood that the visual inspection certificate records the vulnerabilities of the property, whether tested or not, whether further inspection is required and/or the necessary corrective measures and procedures to remedy the said vulnerabilities:

It is further understood that Turkish Cypriot properties that are not necessary or are beyond the needs or are deemed unsuitable for the housing or professional or agricultural needs or for the needs of the refugees to be active, may be rented in exceptional cases to displaced municipalities or communities or to residents of remote communities who are not refugees but a significant part of their agricultural land was occupied or is inaccessible due to the Turkish invasion or to persons who have one refugee parent by decision of the Guardian, as shall be determined in the Regulations issued under this Law:

It is further understood that, notwithstanding the provisions of this Law and the Regulations issued thereunder, the Guardian may grant to the holder of a document granting Turkish Cypriot property for self-housing purposes, the right to extend the use of the property for professional housing purposes:

It is further understood that, for the granting of the aforementioned right to extend the use of the property, the above owner must obtain from the competent authorities the required permits based on the provisions of the Town and Country Planning Law and the provisions of the Roads and Buildings Regulation Law.

(2) The lease agreement for Turkish Cypriot property granted to a refugee for the purposes of covering his housing needs, which the said refugee possessed at the date of his death, may be granted to a direct and collateral relative of the deceased up to the third degree of kinship, provided that he is a refugee and unconditionally assumes full responsibility for the maintenance and security of the Turkish Cypriot property of which he becomes the beneficiary and accepts any conditions imposed by the Guardian for this purpose.

(3) The Guardian may, upon a relevant request submitted by a refugee owner of Turkish Cypriot property that was granted for the purposes of covering housing needs under a lease agreement, approve the assignment of the rights and obligations arising from the said lease agreement to another refugee, exclusively for the purposes of covering the housing needs of the refugee to whom the rights and obligations of the said lease agreement will be assigned, under such conditions as the Guardian may impose and provided that the new tenant unconditionally assumes full responsibility for the maintenance and security of the Turkish Cypriot property of which he becomes the owner and accepts any conditions that the Guardian may impose for this purpose:

It is understood that, in cases where the Guardian approves the assignment of the rights and obligations of the lease agreement pursuant to the provisions of this paragraph, the original tenant is prevented from submitting a request for financial support for the purposes of covering housing needs, based on any government plan to support refugees and for this purpose is considered to be a recipient of housing assistance.

(4) In the case where:

(a) a deceased refugee had not assigned his rights and obligations arising from the lease agreement, in accordance with the provisions of subsection (3), and/or

(b) the Turkish Cypriot property owned by a deceased refugee was not transferred, in accordance with the provisions of subsection (2), or

(c) the relative of the deceased provided for in the provisions of subsection (2) or the person to whom a refugee wishes to assign the rights and obligations arising from a lease agreement in accordance with the provisions of subsection (3), do not accept the conditions imposed by the Guardian,

the said Turkish Cypriot property is managed by the Guardian in accordance with the provisions of this Law and the Regulations issued pursuant thereto.

139/199159(I)/2003144(I)/201885(I)/202289(I)/2023136(I)/202461(I)/2025
Possession and/or use of Turkish Cypriot property by a legal entity
8.-(1) Subject to subsection (2), the possession and/or use by any legal person of Turkish Cypriot property is permitted.

(2) In the event that the control or corporate capital of the legal entity ceases to belong to refugees, any possession and/or use of Turkish Cypriot property by the legal entity shall be terminated.

139/1991
Suspension of payment of debts owed to a Turkish Cypriot property owner

  1. The payment of any amount due to an owner of Turkish Cypriot property in relation to such property shall be suspended during the period of disorder prevailing in the Republic of Cyprus due to the Turkish occupation.

139/1991
Hierarchical appeal
10.-(1) Any tenant/licensee who is not satisfied with a decision of the Guardian taken in accordance with the provisions of this Law and the Regulations issued thereunder has the right, within thirty days from the date on which the said decision is notified to him, to lodge a written appeal setting out the reasons which led him to challenge such decision.

(2) Any appeal brought under the provisions of this article shall be addressed to the specially established Ministerial Committee consisting of the Ministers of Finance, Justice and Agriculture and Natural Resources.

(3) The Committee of Ministers established in accordance with the previous paragraph shall examine without undue delay the appeal made to it and, after hearing or giving the applicant the opportunity to support the grounds on which the appeal is based, shall decide on the matter and notify its decision without delay to the applicant:

It is understood that the Ministerial Committee may assign officials of its Ministries to examine certain issues included in the appeal and to submit to it the findings of this examination prior to the issuance of its decision on the appeal.

(4) An appeal filed under the provisions of this article suspends the execution of any decision of the Guardian against which the appeal was filed until the decision of the Committee of Ministers is issued.

139/199159(I)/2003
Turkish Cypriot Property Fund
11.-(1) There is hereby established by this Law and for the purposes of this Law a Special Fund to be known as the “Turkish Cypriot Property Fund”, which shall be under the management of the Guardian. All receipts shall be deposited in the Fund and all payments shall be made from it, in accordance with the provisions of this Law.

(2) The Custodian shall keep all the prescribed books of the Fund and, for the accounting management of the Fund, shall follow all the budgetary instructions applicable to the public service.

(3) The Fund has its own budget, which is prepared each year by the Guardian and is subject to the approval of the Council of Ministers and the House of Representatives.

(4) The budget covers the financial program of the Fund for each financial year, which begins on 1 January and ends on 31 December.

139/199135(I)/1994
Account control
12.-(1) The accounts of the Special Fund shall be audited annually by the Auditor General of the Republic.

(2) The Auditor General may summon the Guardian or his other representative to provide him with information and explanations or to deliver to him any book, contract, account or any other item necessary for the audit.

(3) The accounts of the Special Fund must be ready for audit by the end of April of the year immediately following the year to which the audit relates.

(4) As soon as the audit is completed and in any case not later than 30 June, the Auditor General shall submit to the Guardian the audited accounts and his Report thereon.

139/199159(I)/2003
Annual Report

  1. As soon as possible after the end of each year, the Guardian shall submit to the House of Representatives an annual Report regarding his powers, which he exercised during the given time, together with a copy of the audited accounts of the Special Fund and the Report of the Auditor General.

139/1991
Non-implementation of the Tenancy Law

  1. The provisions of the Tenancy Law do not apply to Turkish Cypriot properties.

139/1991
Offenses
15.-(1) Any person who-

(a) Without reasonable cause, refuses to provide any information that he knows and that has been requested by the Guardian;

(b) pays any debt owed to a Turkish Cypriot by any person other than the Guardian;

(c) acquires possession or in any way uses Turkish Cypriot property in a manner other than that provided for in this Law,

is guilty of a criminal offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand pounds or to both such penalties.

(2) The Court shall also have the power, in the event of conviction, to issue an eviction order or prohibition of use against persons who possess, use in any way Turkish Cypriot property contrary to the provisions of this Law.

(3) Regardless of any other measures that may be taken against a person who acquires possession or use of Turkish Cypriot property in a manner other than that provided for in this Law, the Guardian or his authorized representative may proceed, with the assistance of the Police, if necessary, to recover possession of the Turkish Cypriot property and to move or remove from it any object, article, instrument, construction or material and the Guardian or his authorized representative must take all reasonable measures for their safekeeping:

It is understood that before taking the above-mentioned measures, the Guardian or his authorized representative shall serve a written notice on the offender or the person who has the responsibility or control of the object, item, instrument, construction or material, in case he is known, to, within thirty days of receiving it, surrender possession of the Turkish Cypriot property or move or remove any object, item, instrument, construction or material from it. If the personal service of the written notice is not possible or if the offender or the person who has the responsibility or control of the object, item, instrument, construction or material is not known, it shall be posted in a conspicuous place at the discretion of the Guardian or his authorized representative.

It is further understood that the Guardian shall notify Parliament from the date of entry into force of this Law, the names of those illegally possessing or using Turkish Cypriot property, those notified to surrender possession or use and those from whom possession or use of Turkish Cypriot property has been recovered:

It is further understood that any person who does not hold a concession document in his name for Turkish Cypriot property is presumed to hold it illegally.

(3A) In cases where the tenant of Turkish Cypriot property changes his place of residence, then, provided that he continues to use the Turkish Cypriot property granted to him, the Guardian may extend the said lease to the same person. Also in cases where the tenant retires, but continues to be active, the Guardian may allow the continuation of the lease of all or part of the Turkish Cypriot property:

It is understood that in cases where, in compliance with the provisions of this subsection, the Guardian does not extend the lease of Turkish Cypriot property, but exercises the right to regain possession of it, the conditions for the concession of such property under this Law and the Regulations issued thereunder shall apply mutatis mutandis.

(4)(a) All expenses incurred by the Guardian or his authorized representative for the recovery of possession of the Turkish Cypriot property and the movement, removal and safekeeping of any object, article, instrument, construction or material shall be paid to the Guardian or his authorized representative by the offender or the person having responsibility or control of the object, article, instrument, construction or material.

(b) In the event that the offender or the person who has the responsibility or control of the object, item, instrument, construction or material that is under the custody of the Guardian or his authorized representative is not known to the Guardian or his authorized representative, he must make a notification to be published in the Official Gazette of the Republic, describing the object, item, instrument, construction or material and inviting any person claiming it to submit his claim to the Guardian or his authorized representative within one month of such publication.

(c) Any object, article, instrument, construction, or material kept by the Guardian or his authorized representative and which is not claimed within one month of the publication of the notice referred to in subparagraph (b) above or is not received by its owner upon notice within one month from the date of the notice, may be sold or otherwise disposed of or destroyed, as determined by the Guardian or his authorized representative.

139/19917(I)/199659(I)/200361(I)/2025
Regulations
16.-(1) The Council of Ministers shall issue Regulations published in the Official Gazette of the Republic for the better implementation of the provisions of this Law and for the determination of any matter which, in accordance with these provisions, may or must be determined.

(2) Without prejudice to the generality of subsection (1), Regulations to be issued by the Council of Ministers may provide for the criteria to be applied in cases of leasing of Turkish Cypriot property and the relevant procedure to be followed.

(3) Regulations issued under this section may have retroactive effect in whole or in part.

139/1991141(I)/200961(I)/2025
Validity of this Law

  1. This Law shall come into force on 1 July 1991 and shall remain in force until the Council of Ministers, by notification to be published in the Official Gazette of the Republic, declares its expiry.

139/1991
Note
13 of Law 59(I)/2003Entry into force of Law 59(I)/2003
This Law [S.S.: i.e. L. 59(I)/2003] shall enter into force on the date of its publication in the Official Gazette of the Republic, except for subsection (4) of section 4A included in section 4 thereof, which shall enter into force on 1 January 2004.

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