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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.
Letsgoturkey.com offers you valuable
assistance and will undertake the
commitment to carry out objective
and thorough searches regarding the
property in which you are interested.
Our well-educated members are fluent
in English, and are happy to help
you. So please do not hesitate to
contact us either through email or
fax or in person for any additional
information.
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.
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.
• 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.
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
the sale through an official notary.
• 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.
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.
This is where Letsgoturkey.com and
our partners can and will ensure that
impartial and expert assistance is
given in guiding you through every
step.
• Once the deal has been agreed
upon we draw up a contract between
you and the seller, confirming the
price and dates of transfer.
• We would require from you
two passport sized photographs of
the person or persons whose name will
be on the property deed (the tapu),
plus a photocopy of your passport.
• We will then go to the tapu
office to make the official tapu application.
At this point your deposit is paid
to the seller and the tapu is sent
off to the City Council, who in turn
sends it to the Army Office in Izmir.
(In Turkey, it is necessary to acquire
permission from the Army Office before
the purchase can be completed. This
process can take, an average, 5-8
weeks, sometimes a little longer if
they have a backlog of applications.)
• The remaining balance of
the purchase price is paid at a date
negotiated between yourselves and
the seller usually when the tapu has
been transferred
In addition to the purchase price
of your property, you should expect
to incur the following associated
charges. Please note that, with the
exception of the Estate Agency Fee,
all other costs are only an approximate
guide and could could be less than
stated. However, you may find them
useful when planning your budget.
- Estate Agency Fee (fixed) : 3%
of the Purchase Price
- Legal Notary Office : 90 Sterling
(approx) (approx. $169, 132 €)
- Sworn Translator : 20 Sterling (approx)
(approx. $38, 30 €)
- Photographs : 10 Sterling (approx)
(approx. $19, 15 €)
- Purchase Tax : 300 Sterling (approx)
(approx. $169, 132 €)
- Land Registration (including maps)
: 450 Sterling (approx) (approx. $843,
659 €)
- Earthquake Insurance (compulsory)
: 35 Sterling (approx) (approx. $66,
52 €)
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