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Legal Check (Due Diligence)

Legal Check (Due Diligence)

⚖️ Basic information
Due Diligence means legal and technical checking of the property before signing the Sales & Purchase Agreement (SPA).
The goal is to verify that the property has no legal issues, liens, disputes, or risks, and that the developer is authorized to sell it.

In Cyprus, this check is done by an independent lawyer (not the developer’s lawyer), and the results decide if the purchase can safely proceed.


1️⃣ Why Due Diligence is necessary

  • Protects the buyer from legal errors (e.g., missing title, encumbrances, disputes, developer debts)
  • Ensures the buyer receives valid ownership rights after transfer
  • Confirms the project has building and planning permits
  • Checks that the developer/seller obtained all required state approvals
  • Needed for Land Registry and bank (mortgage)

2️⃣ What the lawyer checks (full scope)

AreaWhat is CheckedImportance
Title DeedOwnership of seller, liens, mortgages, court casesKey for ownership transfer
Project registrationWhether developer has town planning and building permitsWithout it, construction could be illegal
Land Registry recordPlot number, size, boundariesConfirms exact location
Separate Title DeedsWhether individual titles are issued for unitsIf not, lawyer checks current stage
Tax statusNo unpaid taxes on propertyOtherwise transfer may be blocked
Developer loan agreementsProject not mortgaged to a bankPrevents double lien risk
VAT regime19 % or 5 %, resale without VATAffects buyer’s cost and obligations
Town Planning ZoneCompliance with project purposeImportant for investment projects
EIA – Environmental approvalsEnvironmental permits for large projectsRequired for hotels, villas, resorts
Developer’s obligationsDeveloper’s responsibilities to municipality/stateE.g., infrastructure, access roads

3️⃣ Documents the lawyer requests

  • Copy of Title Deed (if it exists)
  • Copy of planning and building permits
  • Land Registry Plan
  • Draft SPA and payment plan
  • Tax Clearance for developer
  • Project documents (floor plans, site plan)

If something is missing, the lawyer requests it directly from the developer or Land Registry.


4️⃣ Due Diligence output
After completion, the lawyer prepares a written Legal Due Diligence Report, which includes:

  • Brief summary of project and ownership
  • Identified risks (e.g., unsettled land, developer loans)
  • Recommendations for the client (proceed / pause / request contract changes)

The report becomes part of the contract documentation and is often required by banks for mortgages.


5️⃣ Timeframe

  • Resale (existing property): 5–10 working days
  • New build (off-plan): 10–20 working days (depends on developer documents)

6️⃣ Due Diligence fees
Depends on project type and lawyer:

Project typeService Fee
Apartment or house (resale)€1,000–1,500
New build / investment project€1,500–2,500
Company purchase (LTD, multiple units)by agreement

💡 Most lawyers offer a full package, including:

  • Preparation / registration of SPA at Land Registry
  • Representation during title transfer
  • Communication with developer and tax office

7️⃣ Importance of contract registration
After successful due diligence, the lawyer ensures:

  • Signing and registration of the SPA at the District Land Office within 60 days
  • This creates a Specific Performance Right – the buyer’s right to register the property even if the developer later has problems

Without registration, the buyer loses legal protection.