Sunday, March 16, 2025

CYPRUS REAL ESTATE AGENTS RISK LOSING LICENCES OVER NEW REQUIREMENTS

Cyprus Mail 15 March 2025 - by Kyriacos Nicolaou



Real estate agents and their assistants in Cyprus face the risk of losing their professional licences due to a decision by the Cyprus Real Estate Agents Registration Council to revise the requirements for licence renewals.

In a letter dated February 3, 2025, Christos Nicolaou, president of the Cyprus Real Estate Agents Association (CREAA), addressed the council’s president and board members, demanding clarification on the changes.

The letter was also sent to both the House internal affairs and labour committees, on as well as the interior and labour ministers.

Specifically, Nicolaou raised concerns over the council’s decision to require employers to submit social insurance records when evaluating licence renewal applications for registered real estate agents and their assistants.

He pointed out that this requirement is not stipulated in the Real Estate Agents Law or the relevant regulations.

Additionally, he argued that the demand for such records violates real estate agents’ personal data rights, as the information goes beyond what is necessary for the renewal process.

Part-time real estate agents at risk of losing licences

Nicolaou also criticised the council’s decision to reject licence applications from real estate assistants and employees solely because they are employed on a part-time basis.

“The decision to refuse registration or licence renewal for real estate assistants or employees on the grounds that they are hired part-time violates the right of employers and employees to agree on employment terms,” Nicolaou stated in his letter.

He added that the “law simply mandates employment without specifying full-time or part-time status”.

Commission-based pay raises further concerns

Nicolaou further questioned the council’s rejection of licence applications for assistants and employees whose contracts include provisions for commission-based pay or bonuses from their employer.

“The law’s provision that only registered and licensed real estate agents may collect commission was intended to prevent illegal operators from profiting, not to prohibit licensed real estate agents from sharing commissions with their assistants and employees,” he said.

He stressed that “commission-based payments have long been an established practice in the sector and cannot be abruptly changed without amending the law or regulations”.

“This is unnecessary and makes no sense,” he added.

Nicolaou urged the council to reconsider these decisions, warning that they create significant operational challenges for real estate firms and may push newcomers to work illegally in the industry.

Despite repeated requests for clarification, the association’s calls for dialogue have reportedly gone unanswered by the council, even as nearly all real estate offices have already submitted their licence renewal applications for themselves and their staff.

Labour Ministry weighs in

Commenting on the matter, Andys Apostolou, director of the labour relations department at the Labour Ministry, stated in a letter that there is “no labour law provision prohibiting part-time employment in any profession“, as long as employment contracts comply with existing legislation.

Regarding the licensing requirements for real estate assistants and their registration process, Apostolou clarified that these are governed by the Real Estate Agents Law of 2010 (N. 71(1)/2010), which may contain provisions distinct from labour law.

He further said that there is no legal restriction preventing an employee from receiving commission from their employer, as long as such an arrangement is part of their employment contract.

“In this case, commissions received are considered part of the employee’s insurable earnings,” he explained.

Apostolou also referenced the minimum wage decrees of 2022 and 2023, which stipulate that full-time employees must receive a minimum gross monthly salary of €900 upon hiring, increasing to €1,000 after six months of service.

“In cases where an employee’s gross monthly salary falls below these amounts, the employer bears the burden of proving that the employee is working part-time,” he added.