Restitution of the properties owned prior to 1974 in Northern Cyprus

IPC. restitution of the property in Varosha to pre-1974 owners

In accordance with the Law 67/2005, which establishes the Immovable Property Commission (IPC), a person who owned a property in Northern Cyprus and had to abandon it in 1974 may be awarded the restitution of their properties.

The IPC is empowered to offer the remedies of restitution, compensation and exchange in relation to the properties that had to be abandoned in 1974.

So far, the principal remedy offered by the IPC has been compensation. However, under certain conditions, the properties in northern Cyprus may be returned to their owners in 1974:

– The property is not being occupied by individuals or other legal persons under the laws of the TRNC;

– The return of the property to the pre-1974 owners does not endanger national security or run counter to public policy; and

– The property in question is beyond the military zone and does not have installations for military use on it.

In the event that the IPC rules out ordering restitution, it has power to offer alternative property and/or compensation for the value of the property, as well as compensation for loss of use and non-pecuniary damages.

Taking into consideration the recent moves by the Turkish Cypriot administration regarding the opening up of the fenced-off area of Varosha, the persons who owned immovable properties there and had to abandon them in 1974, have the opportunity of having their properties returned to them, as they are not inhabited.

Accordingly, they could consider making applications to the IPC and claiming the restitution of their properties. Currently, making such an application to the IPC is the legally most solid path to reclaiming such properties.

Our recommendation for Greek Cypriot or foreign persons who owned properties in Varosha in 1974 and who wish that their properties are returned to them is to make applications to the IPC early on, to reduce the time needed to achieve a result, as the IPC would be treating the applications in the order they are received.

Should you require further consultation, please contact us on +90 533 868 0550 or email info@erginellaw.com or simply fill the form below and our advocates will contact you.