Law Office in North Cyprus. Legal Advice in North Cyprus

Working Hours

Mon-Fri: 08:00 - 17:00

Saturday - Sunday: Closed

IMMOVABLE PROPERTY COMMISSION

immovable property commission sertba ylawThe Immovable Property Commission was created under the Immovable Property Law (No. 67/2005) following rulings by the European Court of Human Rights in the Xenides-Arestis v. Turkey case. Its goal is to provide a way to handle claims related to abandoned properties in Northern Cyprus.

On March 1, 2010, the European Court of Human Rights confirmed that Law No. 67/2005 offers an effective remedy and rejected complaints that domestic remedies were not exhausted.

The Immovable Property Commission officially started on March 17, 2006, with its President, Vice-President, and members appointed by the Supreme Council of Judicature. The members include Ms. Növber Ferit Veçhi (President), Mr. Oktan Türe (Vice-President), Mr. Bengü Ünsal, Mr. Erhan Berksel, Ms. Christiana Kruger, Mr. Daniel Tarschys, and Mrs. Saskia Yorucu.

The Immovable Property Commission reviews claims for property restitution, compensation, and exchange according to Law No. 67/2005. It follows the principles of bi-zonality and bi-communality from the 1977-1979 High-Level Agreements and United Nations plans for Cyprus. The Commission aims to address legitimate property claims while respecting the rights of the Turkish Cypriot community.

As of August 16, 2024, the Immovable Property Commission has received 7,667 applications, with 1,838 completed. It has awarded £465,161,296 in compensation. Decisions have included exchange and compensation in 3 cases, restitution in 5 cases, and both restitution and compensation in 8 cases. In one case, a decision for restitution was postponed until after the Cyprus issue is resolved, and in another case, partial restitution was granted.
The Immovable Property Commission strives to provide fair, quick, and effective solutions for property claims and hopes to help resolve the Cyprus issue comprehensively.

WHO ARE WE?Lawyer and Consultancy Services in Northern Cyprus

sertbay law

As Sertbay Law Firm, our office is one of the most dynamic law offices in North Cyprus. Our talented legal team has obtained a great reputation for providing speedy legal services at international standards. At the moment, our firm is located in Nicosia, Northern Cyprus. As a firm in order to respond the growing demand from our constantly expanding client base we provide legal representation in all parts of Northern Cyprus. Currently, in Sertbay Law Firm we operate with a team of 3 advocates & legal advisors, 2 supporting staffs and numerous legal associates in South Cyprus, Turkey, Greece and the UK.

In Sertbay Law Firm, we take pride that all our legal advisors are UK Graduates of the most respected faculties around the World. All our legal advisors are fluent in both Turkish and English. Moreover, our senior founding member, Burcu Sertbay, is also fluent in Modern Greek language. Other languages such as Russian, German, French and Arabic are also spoken in our firm through experienced interpreters.

As Sertbay Law Firm, our sole mission shall continue to be taking a genuine interest in our clients, understanding their objectives and meeting or exceeding their expectations with our result/sucess orientated team of lawyers.


Expert Staff

We reach fast and successful solutions with experienced lawyers with international academic success.

Solution Oriented Approach

Our priority is to protect the rights of our clients and provide a quick solution. 

Quick and Effective Solutions

We ensure that our clients not only reach the right solutions, but also obtain their rights quickly.

Interest and Follow-up

We successfully carry out our fast and easy accessibility, response and good follow-up activities to our lawyers.

OUR PROFESSIONSWe provide the most accurate solutions with our expert staff

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Real Estate Law

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Inheritance Law

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Wills

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Criminal Law

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Family Cases

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Company Law

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Business Law

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Banking & Finance Law

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Maritime Law

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Intellectual Property Law

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Administrative Law

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Competition Law

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Insurance Law

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Contract Law

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Frequently Asked Questions

Sertbay Law Firm's fee structures vary depending on the situation. Depending on the case, fees may be reasonable hourly rates based on anticipated demands, timeline of the case, flat fee, monthly fee arrangements, or hybrid arrangements. Our ultimate goal is to set fees to fairly reflect the level of legal service and work provided and the value discussed to our client before representation begins.

Fees vary depending on the severity of the matter in question, the timing and expediency of the case, the anticipated volume and complexity of the work, the desired results and other client expectations.

In accordance with the current law, any natural or legal person who is not a TRNC citizen can purchase only one (1) real estate in his/her name.

Wills are made in writing and in the presence of 2 witnesses and are recorded in the Inheritance section of the court. Citizens of Commonwealth countries are exempt from the restrictions specified in the Wills and Inheritance Law and can designate anyone they want as their heirs, regardless of whether they are related by blood or not. Citizens of all countries other than this country, including TRNC citizens, are subject to the conditions in the Wills and Inheritance Law.

Yes, there are some limitations.

  • If there is a spouse and a child or a descendant of a spouse and a child, or if there is a child or descendants of a child without a spouse, the portion that can be bequeathed cannot exceed one-third of the net value of the estate.

  • If a spouse or father or mother leaves but the child or child's descendants do not, the portion that can be bequeathed cannot exceed half of the net value of the estate.

  • If neither the spouse, nor the child, nor the child's descendants, nor the father, nor the mother leaves the estate, the entire estate can be bequeathed.

Yes, foreigners cannot establish a company in TRNC. A limited private company must have at least 2 shareholders.

The minimum capital of this limited company to be established with foreign capital participation must be Turkish Lira equivalent to 25,000 Euros. This amount must be kept blocked in a bank account in TRNC until the company is established, and a blocking letter is received from the relevant bank and submitted to the Registrar of Companies stating that this requirement has been met. After the company establishment is completed, the relevant amount can be used freely.

If this is the case, the healthiest option for you is;You will establish a company in the "Free Port Zones". You can contact us for detailed information and consultancy.

One of the conditions required for non-TRNC citizens to acquire real estate in their own names is to apply for a real estate purchase permit from the TRNC Ministry of Internal Affairs. One of the documents required for this application is a criminal record document prepared by the competent authorities of the country where the person purchasing the real estate has a passport or ID card and showing that he/she has no criminal record.

The administration of property belonging to a deceased person, such as the sale or transfer of immovable property, withdrawal of bank deposits or car transfers, is only possible by obtaining an estate order.

Management of property belonging to a deceased person, such as the sale or transfer of immovable property, withdrawal of bank deposits or car transfers, is only possible by obtaining an estate order.

First of all, the employee must notify his employer in writing that he wants to leave the job and the reason, and from this date onwards, he must continue to go to work in accordance with the notice periods specified in the law. In other words, giving this notice does not mean that he will not go to work the next day.

These periods are;

(a) For a worker whose service period has lasted at most six months, one week starting from the notification to the other party,

(b) Three weeks starting from the notification to the other party, for the worker whose service period has lasted from six months to one year,

(c) For workers whose service period has lasted from one to two years, four weeks starting from the notification to the other party,

(d) For workers whose service period has lasted from two to five years, five weeks starting from the notification to the other party,

(d) For workers whose service period has lasted more than five years, six weeks starting from the notification to the other party.

In cases related to work accidents, the injured party has the right to file a lawsuit for any of the issues of tort or breach of contract. The injured party is given freedom as to the extent to which a lawsuit will be filed. However, if it is decided to pay compensation for the tort, a lawsuit cannot be filed again for breach of contract.

Do the relatives of the person who died as a result of a work accident have the right to file a lawsuit?

Relatives of the person who died in a work accident can file a lawsuit within 1 year from the date of the accident. The estate of the deceased also has the right to file a lawsuit for premature death and damage suffered by the estate.

As a result of the traffic accident, after the High Criminal Court located at the place where the incident took place accepts the accusations against the defendant, the prosecution presents the facts to the court and the defendant, through his lawyer, declares the mitigating circumstances that should be taken into consideration regarding the accident. Taking into account all these facts and allegations, the court may order the defendant to be imprisoned for a certain period of time, or to be fined, or to both. In addition to all these penalties, the court may order the defendant's driver's license to be taken temporarily or indefinitely, as stated above.

Although there is no definitive answer to this issue due to the density of cases in the courts, consensual divorce can be concluded in a single hearing, and contested divorce cases can be concluded in 7-8 hearings at best. In case of appeal to the Supreme Court, this period is further extended.

The divorce case is filed in the family court where one of the spouses resides.

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