PURCHASING REAL ESTATE FOR PRIVATE USE IN TURKEY:
Purchasing Real Estate for Private Use in Turkey
Information from the Turkish Consulate, London
Please recheck as this information
will change.
Foreigners may purchase land and property in Turkey in their own
names provided that properties are located in towns (i.e. there must
be municipality in the area where the property is and the property
must be situated within the boundaries of that municipality or
borough), not in villages or rural areas and outside of military zones.
In order to acquire the title of a property, an application has to be
submitted to the local Land Registry Office in which the property is
situated. After carrying out necessary searches and checks for the
above mentioned requirements, the transfer of the title is done by
the Land Registry Office. During the transaction, the proofs or the
documents concerning the transfer of the full purchase price into
Turkey must be presented to the Land Registry Office. Also a one per
cent duty (i.e. tax) both for the purchaser and seller is due and
collected during the transaction. There exists an annual property
tax, collected by the municipalities (i.e. local governments) at the
rate of 0.3 per cent for private buildings. The newly built
properties are exempt from the annual property tax for 5 years. All
properties are subject to revaluation for every five years for tax
purposes. The acquired property may be resold or rented out and the
proceeds may be transferred out of Turkey. Different regulations
apply when a property is purchased for business related purposes.
Property Purchasing Laws and Procedures in Turkey
Turkey is becoming a popular holiday destination with its immense
unspoilt coastline and Mediterranean climate which offers
all-year-round sunshine. Buying property in Turkey is now seen as a
good future investment considering the fact that Turkey is on the
verge of becoming a member of the EU and has one of the fastest
growing emerging markets in the world.
Here 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 which problems
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 consult an expert or
visit our company in Turkey, Classicestates. We
specialise in real estate in addition to architectural projects and
construction. By doing so you can avoid the possibility of
heartbreaking disappointment (i.e. when you learn that due to unseen
regulations, your dream of a summer house on your purchased land can
only be that, a dream). Buying property in Turkey can be a complex
matter and knowledgeable, professional service is required.
Turkish Property Legislation
Ownership is defined 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, etc.
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.
Property Registration and Delivery
In most European countries the buyer and seller go to a public notary
to have the property put in the name of the new owner. The public
notary is responsible for the correct settlement of this procedure.
The public notary is also responsible for the delivery, which often
takes place in the form of a deed of transfer and the entry in the
property register.
In contrast to this, the 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 legally compulsory for both sides (the
seller and the buyer) to be present at the entry. It is possible to
authorise another person to do so but the authorisation requires a
noteral deed. As a security measure, it is also advisable to
authorise 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, which is called Tapu. The 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 foreigners 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 centre of a village in case
the cadastral division of this area had not been arranged yet 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 etc.
Finally
Buying real estate in Turkey involves many regulations. Not only must
formal regulations be taken into account, but foreigners must also
heed the various legal exceptions to acquire real estate.
The zoning schemes, the antecedents of the selling party and the
legal restrictions imposed by Turkish property legislation are some
important aspects that must be approached objectively, reliably and professionally.
Classicestates offers you valuable assistance and
allows you to have an objective and thorough investigation carried
out regarding the property in which you are interested. Our
well-educated staff 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.
Reciprocity - Foreign Citizens Who Can
Legally Buy Property in Turkey
All citizens of the countries listed below can legally own a real
estate in Turkey due to reciprocity principle and are liable with the
same rights / procedures as all the Turkish citizens. Presently a new
law is pending which may allow this list to open up to other
countries in the near future. We will update the list if when this happens.
Argentina, Australia, Austria, Barbados, Belgium, Brazil, Canada,
Colombia, Dominican Republic, Egypt, El Salvador, France, Germany,
Greece (providing that some restrictions are reserved), Guatemala,
Holland, UK, Ireland, Italy, Malawi, Norway, Turkish Republic of
Northern Cyprus, Luxembourg, Panama, Somali, Central African
Republic, Chile, Spain, Tanzania, USA, Venezuela, legal immigrants
and World Citizens.
Some of the information may have changed so please check with the
Turkish government web site.
What taxes will I need to
pay?
a) Property Tax - 3% of declared value
of property
b) Tapu Fee - 4.8% of declared
value
c) Earthquake Tax - about GBP 30 + minimal
documentation expenses.
LEGAL ADVICE We always advise that clients use a solicitor for their own safety and it
may also reduce the overall cost of purchasing a property. The following is to help you understand the process of buying in Turkey: Once the solicitor has been appointed they will check: 1. The title deed (Tapu) 2. The seller is the legal owner 3. The property is debt free 4. All building permission and licences 5. All terms and conditions of sale are acceptable Once the sale agreement has been drawn up as a legal binding contract and
the buyer and seller have agreed and both signed, the title deed will be
applied for. The process takes approx 6 - 13 weeks, this is due to the army
search (this search is designed to prevent people with serious criminal
convictions and terrorists from purchasing property). Should you be refused
permission from the army you have the right to transfer the sale over to a
nominated third party or have the contract cancelled. Once the permission is received back from the army deeds transfer will go
ahead. You can either be here to sign yourself or nominate by power of
attorney someone to represent you. (the acting solicitor will do this for you)
Should you opt for power of attorney the solicitor will ensure that all taxes
are paid and the title deed is registered in your name. Please note that the buyer is responsible for paying the water and electric
connection and 1/2 the taxes due. For further information contact: FAQ:
There are no NHS hospitals in Turkey at the moment.
There are Government and Private hospitals. Private hospitals are much cheaper
than most European hospitals (approx 45% cheaper) and at times treatment
prices can be negotiated. The quality of care is first class. It is important
if you are considering coming to Turkey to live to ensure that you obtain
Private health insurance, this can be obtained in Turkey. For a good
comprehensive cover and piece of mind we recommend Bupa international ! for
further details link onto
www.bupainternational.com
Yes the majority are, anyone wanting to purchase Commercial properties out right should
first check with their Agent if it is freehold or not.
Classicestates do not sell any properties without the
use of Legal representation. It is essential that your rights are
protected and the best way to do this is to use an independent reputable legal
team. The solicitor will ensure that a legal binding contract is drawn up and
signed by the buyer and seller. The solicitors job is to also ensure that the
seller is also the legal owner of the property / Land and has the right to
sell it. Ask yourself would you buy anything in your country and hand over
thousands of pounds without the use of a lawyer? Would you buy a property from
a waiter in a pub or restaurant in your country? The answer should be no! So
please don't be foolish to attempt to do it over here. Come and speak to us
first we can save you thousands of pounds and misery.
No one can have the deeds to their property until the
Army have done a search on that person, this process can take anything up to
three months. Once the all clear is given by the Army the deeds will then be
transferred into your name. We do however have an agreement with local
builders which allows our customers to furnish their new home and move in
before the deeds are transferred, so you don't have to delay enjoying your new
place in the sun!
Yes you can. There is no limit to how many properties
you wish to invest in. Please note that for every property you purchase the
Army search applies to each property so there will be the same wait for deeds
transfer. For block purchases (as for example a complete complex) it is
possible to obtain all the properties on one title deeds, should you wish to
sell on you would however have to pay to get the deeds split into individual
properties.
Turkish Law is very similar to British Law Spouses
inherit from each other and the next of kin (children if any) in the event of
the death of the female spouse or both spouses. The property for the next of
kin if both spouses die is divided equally. The only difference is if the male
spouse dies and there are children, 1/2 of his 1/2 of the estate goes to his
wife and the other 1/2 of his 1/2 is divided between the children In the event
of the woman spouses death then all her 1/2 goes to the husband. For amendment
on title deeds due to death will require legal assistance.
Yes you can the local Notary can help you with this, just ask and will
advise you.
We can certainly manage your property we have a very
good after sales and property management service we will assist our clients
where possible to rent out their property, we will also advertise it free of
charge on our website.
Yes, the last few years have seen a considerable amount
of Brits buying over here. There are many different reasons for this. Some
people have decided to invest their pension money in property over here due to
the small return on their savings in Britain. Some people simply cant get on
the property ladder in Britain and have purchased over here with a view to
sell in later years to help them use the great investment to purchase later in
England. Others have huge equity now in their homes and have used some of
it to buy a dream holiday home. Others simply have surplus cash and see a
great investment for the future! Quite a few people have also sold up and
moved out here because of the great climate and low cost of living and lets
not forget the wonderful culture over here. The people are warm and friendly
& love children. Crime rate is very low, what could be more perfect!
What medical services are available in Turkey as we
are considering moving abroad?
Are properties Freehold in Turkey?
Do we need a solicitor to purchase a property?
How long does it take for us to actually own the
property?
Can we own more than one property?
Who inherits after our death?
Can we have a will drawn up in Turkey?
Can Classicestates Manage & Rent out our property?
Are their many British buying in Turkey?
Is buying a property in Turkey an investment
opportunity?
Is
there a limit to how much land I can own?
If
we sell our property, can we take all of our money out of Turkey again?
Can
I open a bank account in Turkey if I own a property there?
What
about bringing pets into Turkey?
How
long can I stay in Turkey on my tourist visa?
Living
Expenses - Monthly outgoings, roughly what will they be? Is it expensive?
How
does the general cost of living compare to the UK?
What
about schools and colleges?
What
is Notary?
A public officer licensed by the state
to administer oaths, certify the authenticity of legal documents, and perform
other official administrative duties.