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Setting up a North Cyprus Power of Attorney for property purchase.
Sole Name Power of Attorney for North Cyprus Property Purchase
If you wish to purchase a property in your sole name, there are two ways in which this can be done: either in Cyprus or in your home country. There is usually no charge to set up a Power of Attorney in North Cyprus for the purposes of a property purchase. It is significantly more time consuming and costly to set it up from abroad.
There are two stages to purchasing a property in North Cyprus, both of which require you to have given a lawyer Power of Attorney to act on your behalf. The first is that the lawyer needs to sign the contract on your behalf/s. The second process, which usually happens at least several months later (after Permission to Purchase has been obtained), is that the lawyer will arrange for the transfer of the title deed into your name/s.
If you are a Turkish Cypriot with Kimlik card, then there is no need to obtain Permission to Purchase, but it is still necessary to have a lawyer to check the legality of your purchase and check that the contract adequately protects your interest.
Setting up Power of Attorney whilst in Cyprus.
Firstly, if you are in Cyprus, you should make an appointment with a lawyer of your choice. We recommend you your lawyer one of the NCI approved lawyers as they are most used to dealing with purchasers from abroad. During this appointment, your lawyer will explain the purchasing process and take a Power of Attorney from you which you will sign in your lawyers’ offices. There is no risk to you in setting this up, even if you are not yet sure which property you wish to purchase.
This Power of Attorney once signed, will allow your lawyer to sign any future Contract of Sale on your behalf and apply for your Permission to Purchase. (Please note, you must take your passport to the appointment).
There is usually no charge to set up a Power of Attorney in North Cyprus for the purposes of a property purchase.
Setting up North Cyprus Power of Attorney from overseas
If you cannot physically sign the Power of Attorney in Cyprus, the second option would be for the Power of Attorney to be signed abroad. Please note, this is a more complicated and expensive procedure, so we at North Cyprus International (NCI) always recommend any prospective property purchaser to set up a Power of Attorney whilst in Cyprus, that can be used in the future if needed.
Once you have sent your chosen lawyer a scanned copy of your current passport, they will prepare the Power of Attorney document and email it back to you. If you live in a country that has a TRNC Representatives Office (click HERE for list) you will then take the Power of Attorney to your local TRNC Office for signing. If the country that you live in does not have a TRNC Representatives Office, then you will take the Power of Attorney to the nearest Turkish Embassy.
Once this has been done your lawyer would then inform you of how you should return the original Power of Attorney to their offices.
Joint Name Power of Attorney (for both Contract and Title Deed purposes)
If you would like to purchase a property in joint names and would like the Contract of Sale and Permission to Purchase Application done in joint names your lawyer would require a Power of Attorney from both buyers. In order to prepare the Power of Attorney, your lawyer would require your up to date passports. If you are both physically in Cyprus, it is advised to have your lawyer prepare the Power of Attorney and have you both sign it, during your visit.
However, if one or both parties are unable to visit the lawyer offices the individual or individuals that cannot physically go to Cyprus to sign the power of attorney will need to follow the instructions above for setting it up from abroad.
Please be aware that an overseas individual can only purchase ONE property or piece of land. If you feel you might like a second property later, then you may choose to put the first property into one name only.
Power of Attorney to Purchase a North Cyprus property in Joint Names (just for Title Deed purposes)
It’s possible for just one of the parties to set up the power of attorney for the contract, but for the title deed later to be in joint names. You are also advised to discuss your North Cyprus will at the time of the contract signing to protect both buyers.
If only one of the two people are available in Cyprus to set up Power of Attorney but would like to take title jointly with another party later, this can easily be done and is a straightforward procedure. Provided your lawyer has one family member on the contract, the second party does not need a Power of Attorney, since your lawyer can apply for their Permission to Purchase if you can provide the lawyer with their relevant documents. A police report from the home (passport) country is required for both parties in for Permission to Purchase to be applied for.
Power of Attorney appointments are quick and easy to arrange during your North Cyprus inspection trip or holiday and do not necessarily need to be arranged prior to travelling. If you have any further questions about setting up Power of Attorney for a property purchase, please contact our Recommended Lawyers or contact North Cyprus International (NCI) on +44 207 112 8086 or +90 548 861 0600.
