|
We can provide a one-stop-shop
for you, undertaking every procedure necessary to buy
property here on your behalf.
Our companies promise is that
while all of our resources are avaible to you, we never
put potential clients under pressure to buy.
Who Can Buy?
Most foreign nationals can purchase
property in Turkey provoding ;
That there is a reciprocal agreement
between the government of Turkey and that of the purchaser.
The agreement does existbetween Turkey and and the UK,
also with the other countries.
That the intended property does
not lie within the confines of a military zone.
That the intended property lies
within the boundaries of a municipal area, i.e. town
or village with more than 2000 registered inhabitants.
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 notarised agreement, have no chance of
recovering their property in the event of a dispute.
Property Purchasing Laws and Procedures
in Turkey
Foreign people 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 unspoilt 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 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 of
the Turkish Constitution and what problems might arise
during the process.Different properties are subject
to different laws(depending on location). Because the
following is a general information only, we encourage
you to consult an expert or visit our company Kusadasi
Properties in Kusadasi.
By doing so you can avoid the possiblity of making mistakes
and suffering disappointment. The procedure of buying
property in Turkey can be a complex matter therefore
a knowledgeable, professional service is essential.
Turkish Property Legislation
Ownership is anchored in article
35 of the Turkish Constitution. The 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 subdivided in provincial
or district offices and they are all controlled by the
state.
Property Registration and Delivery
In contrast to most European countries,
the entry in the property register in Turkey is not
performed by a public notary, but by an official of
the Property Registration Department. It is a legal
requirement for both sides (the seller and the buyer)
to be present at the entry. It is possible to authorise
another person to do so. 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 cinstruction, 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 properties 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 restriction 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.
Services include
Tours of all suitable properties
assume power of attorney via the Public Notary, in order
to handle purchase, as well as tax affairs and utility
bills on your behalf. Compreheasive after sales services.
|