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Leasehold in Cyprus

Chris Michael
by Chris Michael
Updated: April 08, 2024

Leasehold in Cyprus is a property ownership arrangement (tenancy or rent agreement) where one owns the building or structure but not the land on which it stands. This type of ownership is for a specified term, after which the property reverts to the landowner. Leasehold is less common in Cyprus and is typically seen in commercial real estate.

The person who holds the leasehold is called the lessee, while the landowner is called the lessor. Such leaseholds can be registered at the Department of Lands and Surveys (DLS) and be passed to the lessee’s heirs or sold at public auction. The lessee has a right to the property (possession and enjoyment) for a set period and does not own the land.

Conversely, the owner of the freehold estate owns the land and the property outright in perpetuity.

Legislation

The relevant legislation is the Immovable Property (Tenure, Registration and Valuation), chapter 224 of the laws. See also the Citizen’s Charter of the DLS (PDF, 2.5 MB, EN).

Registration and transfer of the lease

There are specific requirements that make the leasehold registrable. These include, among others:

  • The time remaining for the lease to expire is at least 15 years.
  • The lease agreement is valid in contract law (i.e., it is a valid contract) and contains a term allowing it to be registered.
  • The start and expiration dates for the lease are clearly stated.
  • The property under the lease is registered in the lessor’s name, with exceptions for state land and some Turkish Cypriot property.
  • The lease is registered under the lessor’s name.

The registration of the lease is done at the DLS using form N. 304 and must be accompanied by the following documents:

  • A copy of the lease agreement.
  • The certificate of property registration, with exceptions for state land and some Turkish Cypriot property.
  • A copy of the cadastral plan.
  • Any other documents the Director of the DLS may request.

If the lease agreement allows it, transferring the lease (subleasing) for a period exceeding 15 years is possible. If the agreement prohibits this, the lessor’s consent must be obtained, or the court must issue an order allowing the transfer of the lease.

Extending the lease

Changing the terms of the original lease agreement is possible, provided the amended lease is registered. However, the DLS prohibits changing the lease period. Therefore, the only way to extend the lease is to sign and register a new lease agreement.

Cancelling the lease

Cancelling the lease can be done with the written agreement of all parties or by court order.

Expiration

When the lease expires, the Director of the DLS may delete it and inform all interested parties.

Importance

Leasehold properties in Cyprus are typically leased for extensive periods, sometimes even decades (the minimum duration is 15 years). Leasing instead of buying is common in the commercial and business communities. Leaseholds tend to be cheaper than buying the freehold, but the lease value depreciates with time.

Leaseholds are also subject to significant restrictions. Because they are governed by contract law, it is crucial to understand the limits placed by the DLS on the one hand and the precise terms of the leasehold agreement on the other.

FAQs

Table of contents
  • Legislation
  • Registration and transfer of the lease
  • Extending the lease
  • Cancelling the lease
  • Expiration
  • Importance
  • FAQs