LAWS & REGULATIONS...
We
recomend all our clients to mandate a solicitor in the buying process.
This has many advantages for you, for example that you don't have to be
here when the title deed is transfered on your name after the millitary
clearence is permitted. The application for military clearence will be
made by your solicitor.The solicitor will act on your behalf regarding
your purchase.
The cost for the basic service for a property
with a purchasing price of 60 000 € is 950 € by our recommended
solicitor the Ali Aktimur Law office in Didim.
Required Documents
- Passport
- Photographs (6 per each person)
- 600 Turkish lira for notary public expenses and legal translator
- Additional documents if you need a residential permission (only
necessary for permanent living, longer than 180 days annualy)
- Local Tax number (can be obtained in an hour locally and we assist you)
- Bank account in Turkish Bank
These following three documents has to be provided by the builder and has to be checked thoroughly by purchaser or mandated solicitor who has to testify the legality.
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| The title deed is the most important document and has to be checked thoroughly by a Turkish solicitor always before purchasing a property | The building permition is with the title deed to be provided by builder and should also be checked by a solicitor | The habitation certificate has a big effect on the value of the property in Turkey, beware of ground floor properties which are declared as storage place or storehouse. this doc. has to be provided by the builder. |
Foreign citizens are increasingly interested in purchasing property in Turkey particularly along the southern and western coasts. Turkey is becoming a popular holiday destination with its immense un spoilt coastline and Mediterranean climate, which offers all-year-round sunshine. Also buying property in Turkey is seen as a good future investment considering the fact that Turkey is on the verge of becoming a member of the EU and is one of the fastest growing emerging markets in the world.
Buying a property in Turkey can be quite a simple process, so long as you know what you are doing. If you choose to work with us we can endeavor to make the process as smooth and painless for you as possible.
Not only must formal regulations be taken into account, but Non-Turkish Nationals must also heed the various legal aspects to acquire real estate.
1. Who can buy?
Most foreign nationals can purchase property in Turkey providing that:
• There is a reciprocal agreement between the government of Turkey and that of the purchaser. This agreement does exist between Turkey and the U.K., EU Countries, US, Russia and also with other countries.
• The intended property lies within the boundaries of a municipal area, i.e. town or village with more than 2,000 registered inhabitants.
• The intended property does not lie within the confines of a military zone.
These simple regulations are important. Non-Turkish Nationals, who have attempted to outsmart the system by purchasing homes in prohibited zones in the name of a Turkish acquaintance under the protection of a private notarized agreement, have no chance of recovering their property in the event of a dispute.
2. Property Purchasing Laws and Procedures in Turkey
We will give you the essential but general information regarding the path to ownership of a property in Turkey according to Turkish Laws (article 35 of the Turkish Constitution) and what issues might arise during the process. Different properties are subject to differing laws (depending on location). Because the following is general information only, we encourage you to contact or consult an expert of your own choose. By doing so you can avoid the possibility of making mistakes and suffering disappointment.
3. Turkish Property Legislation
• Ownership is anchored in article 35 of the Turkish Constitution. This article stipulates that anyone is entitled to ownership and that these rights can only be restricted by other legal stipulations. The restrictions may consist, for instance, of zoning schemes, restrictions applicable to foreigners and the like.
• The ownership regulations are elaborated in the Turkish Civil Code, article 633. This mainly explains how ownership is acquired.
• For the
purchase of property by a foreign person, the registration of the land
is especially important. In Turkey there are regional directorates of
the Land Registry Department, which are subdivided in provincial or
district offices and they are all controlled by the state.
4. Property Registration and Delivery
In contrast to most European countries, the formal entry in the property register in Turkey is not performed by a public notary, but by an official of the Property Registry Department. It is a legal requirement for both sides (the seller and the buyer) to be present at the entry. However, It is possible to authorize another person to stand as your proxy. As a security measure, it is also advisable to authorize a solicitor.
• The delivery of the deed of transfer does not require the intervention of a public notary in Turkey. The only applicable stipulation concerning the delivery is that it takes place in writing. After the entry and delivery the property register issues a proof of ownership or property deed which is called ‘Tapu’.
• Ownership is only obtained at the moment that the building(s), if under construction, has been completed and the full amount has been paid.
• Mainly there are no legal restrictions against Non-Turkish Nationals regarding the acquisition of property ownership. However, the Village Act and the Military Prohibited and Security Areas play an important role; Article 87 of the Village Act denies the right to foreigners to ownership of property that is outside the center of a village in case the area has not been available for purchase or it may belong to the Ministry of Forest. Also, the act regarding Military Prohibited and Security Areas can be an impediment and therefore restrict the acquisition of property by foreigners if the property is located within a particular distance of military sites or strategically important areas.
The major legal restrictions mentioned above may in turn change or even be (partly) cancelled by more recent legislation which is closely related to the promotion of the economic position of Turkey or the adjustment of regulations and laws to EU or tourism promotions for foreigners.
5. Negotiating the Purchase
Having selected your ideal property, you will want to be absolutely certain of the legalities of the process and particularly your rights in a foreign country..
• Once the deal has been agreed, we recomend to mandate a solicitor to set up the sales contract which has to be signed by both sides we do not recomend our clients to sign a contract provided by the seller.
• We would require from you six passport sized photographs of the person or persons whose name will be on the property deed (the tapu), plus a photocopy of your passport.
