Download The Immovable Property Commission

The Immoveable Property Commission
Following the ruling on the case of Demopoulos vs. Turkey and 7 other cases the
European Court of Human Rights on 5 March 2010, the Court upheld that the
Immovable Property Commission in North Cyprus was an accessible and effective
local remedy for all persons seeking redress and therefore an appropriate forum for
deciding on complex matters of property ownership and valuation and assessing
financial compensation.
The Commission was set up under the Immovable Property Law (number 67/2005)
in accordance with the rulings of the European Court of Human Rights in the case of
Xenides-Arestis v. Turkey. The purpose of the Commission is to establish an
effective domestic remedy for claims relating to abandoned properties in Northern
Cyprus after the troubles in 1974. The Commission officially began its activities on
17 March 2006.
Hearing and making a decision
All natural or legal persons claiming rights to movable and immovable properties
may bring a claim by way of an application in person or through a legal
representative, to the Immovable Property Commission requesting restitution,
exchange or compensation for such property.
The Commission, after having heard the arguments of the parties and having
examined the documents submitted shall decide as to
 restitution of the immovable property to the person whose right in respect to
the property has been established, or
 to offer exchange of the property to the said person, or
 decide as to payment of compensation, or
 where the applicant claims compensation for loss of use and/or nonpecuniary damages in addition to restitution, exchange or compensation in
return for immovable property.
To date there has been 459 applications lodged before the Commission, 95 have been
concluded through friendly settlement and four cases through formal hearings. The
Commission has awarded exchange and compensation in two cases, restitution in one
case and restitution and compensation in five cases. The Commission has paid GBP
40,191,100 to the applicants as compensation.
The Commission has resulted in thousands of people enjoying a fair, fast and cost
effective local remedy to their property dispute rather than making applications direct
to the European Court of Human Rights which can be very time consuming and
expensive.
Right of Appeal
Parties who are not satisfied with the decision of the Commission have the right to
apply to the High Administrative Court. If the applicant is not satisfied with the
judgment of the High Administrative Court, he may then lodge an application before
the European Court of Human Rights but this can be a rather long and expensive
process and the Court may uphold the decision of the Commission.
Application procedure
In proceedings bought before the Commissions the burden of proof rests with the
applicant who must satisfy the Commission beyond any reasonable doubt as to their
rights to the property in order for a decision to be taken in his favour.
Making an application to the Commission can be a complicated matter requiring
professional assistance and guidance. To obtain fast and effective remedies to your
property disputes it is recommended to use the services of a legal representative
based in Northern Cyprus.
At HA & Partners we have gained many years of experience in making applications
to the Commission, settling property disputes and representing parties at the High
Administrative Court.
At HA & Partners we have assisted hundreds of people to achieve a fair, fast and cost
effective local remedy to their property dispute. Why wait and worry for a perfect
solution let our team of professional advocates and advisors help you to claim what’s
rightfully yours.
For further information please see guide below:
Guide to TRNC Immovable Property Commission