A large number of private land plots are being used by the Cyprus National Guard for an exceptionally long period, in some cases since 1963 or 1974, either following the issuance of a requisition order or even without compliance with the prescribed legal procedure. That is, without any requisition order having been issued at all. In practice, this situation amounts to unlawful action by the state, consisting of the continuous deprivation of citizens’ right to utilise and enjoy their property. It is noted that deprivation of property is expressly prohibited by the Constitution.
The Audit Office of the Republic of Cyprus identified numerous cases of long term requisitions in which private property has been used for decades to cover fixed and permanent needs of the National Guard without the initiation of expropriation procedures as required by the applicable legislation.
According to the Audit Office, this practice results in owners effectively, and in many cases permanently, being deprived of the right to use their property, without receiving fair and reasonable compensation corresponding to the permanent loss of its use.
Legal actions and recourses against the Republic of Cyprus are pending before the courts from owners who either receive no compensation for the retention of their property or consider the requisition rent paid to be disproportionately low compared with the real value of their land. In other cases, through legal remedies filed, citizens are claiming compensation for loss of use as well as the return of their properties.
What the law provides
Under the Requisition of Property Law and the Requisition of Property for Defence Purposes (Temporary Provisions) Law, the requisition of any property is permitted, meaning the compulsory acquisition of possession by the state for purposes of public benefit, including defence or security of the Republic, with compensation paid to owners covering the rental value of the requisitioned property. In such cases, the requisitioning authority, the Ministry of Defence, decides on the need for requisition and issues the relevant order, bearing responsibility for justification, procedural compliance, renewal or termination of the order, and allocation of the necessary funds for compensation. The Department of Lands and Surveys undertakes the identification and recording of the affected property, preparation of ownership lists and valuations to determine compensation. It also monitors payments and maintains the relevant registers, acting as the implementing body of the orders.
It cannot be forever
As highlighted by the Commissioner for Administration and Protection of Human Rights in a report (ref. A/P 347/2020) concerning a complaint about delays in examining an expropriation request for a plot under requisition for more than 40 years for defence purposes, “the prolonged use of the private plot for the needs of the National Guard for more than 40 years leads to restriction of the core of the complainants’ property right and it appears that expropriation constitutes the fairest solution under the circumstances and therefore the least burdensome solution”.
Additionally, the Commissioner notes that although the law provides for the possibility of renewing a requisition beyond three years for military needs, there is no indication that the legislator intended the continuous renewal of a requisition order for more than 40 years. Such a long period, she continues, in practice creates issues of permanent deprivation, which is permitted only through expropriation and with the payment of fair and reasonable compensation.
There are hundreds of cases similar to the above. Indicatively, the following examples were identified by the Audit Office after an inspection at the District Land Registry Office of Nicosia:
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In a village in Nicosia district, a total of 29 land plots have been under requisition since 1964.
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In a parish of Nicosia Municipality, seven plots have remained under requisition since 1991.
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In another village in Nicosia district, 77 plots have been under requisition since 1995.
It also harms the state
According to the Audit Office, the continuous requisition of private property by the Ministry of Defence, instead of expropriating land deemed necessary for long term or permanent needs of the National Guard, leads to financial burden on the Republic. Over time, increases in land value, particularly where planning zones change and plots are incorporated into residential zones, lead to higher compensation amounts, further burdening public finances.
As noted in the Audit Office report on the Department of Lands and Surveys, published two days ago, requisition should be applied only in cases of unforeseen, temporary and exceptional public interest needs, in accordance with legislative intent. Where needs are considered permanent, the Ministry of Defence must adequately substantiate them so that the compulsory expropriation mechanism is activated in a timely manner and fair compensation is paid to owners, the report concludes.
Delays in payments
From the audit of 11 requisition cases at the Nicosia District Land Registry Office for which payments were made during 2022 to 2024, the following were identified:
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Significant delays in the Valuation Branch. The average time a file remained pending for valuation was 97 months, more than eight years, while in individual cases delays reached up to 208 months, that is 17 years.
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Delays in the payment of compensation, negatively affecting entitled owners.
After she divided the land, it was requisitioned
The Audit Office also found significant delays in submitting applications to renew requisition orders, with many requests submitted after expiry of the previous order. In one case examined, the request was submitted four years after the previous order had expired. During that period, the state continued to occupy and use the private property without a valid order, depriving the owners of the possibility of exploiting it, resulting in legal action against the Republic.
A characteristic example concerns property within a residential zone in a municipality of Nicosia district, where a gap of 6.5 years between requisition orders was observed. The previous order expired on 23 October 2017, and the owner applied for a planning permit to subdivide her land, which was issued on 30 March 2018, after which subdivision works proceeded. Subsequently, on 20 May 2023, the Director General of the Ministry of Defence submitted a request to the Department of Lands and Surveys for a new requisition order, which was eventually issued on 20 May 2024, approximately 6.5 years after expiry of the previous order.
As a result, the owner filed a recourse against the Republic claiming compensation of several hundred thousand euros. The case is ongoing.