This guide is prepared to help foreigners who wish to buy property in Turkiye. However, this guide is not a substitute for professional consultancy services.
1. Legal Basis:
In accordance with the Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, which entered into force on 18 May 2012, the condition of reciprocity for foreigners who wish to buy property in Turkiye is abolished.
Information on countries whose citizens can buy property and estate in Turkiye can be provided from the Turkiye Embassies/Consulates abroad and the General Directorate for Land Registry and Cadastre.
Persons with foreign nationality can buy any kind of property (house, business place, land, field) within the legal restrictions.
Persons with foreign nationality who buy property without construction (land, field) have to submit the project which they will construct on the property to the relevant Ministry within 2 years.
2. Format of the Contract:
According to the Turkiye laws and regulations in force, transfer of ownership of a property is only possible with an official deed and registry which is signed at the Land Registry Directorates.
It is possible to sign a “sales commitment agreement” before a notary. However, legal ownership to the property do not pass with a “sales commitment agreement” or other kind of sales agreements to be signed before the notary.
3. Legal Restrictions for Foreigners in Buying Property:
a) Persons with foreign nationality can buy maximum 30 hectares of property in Turkiye in total and can acquire limited in rem right.
b) Foreigners cannot acquire or rent property within military forbidden zones and security zones.
c) Persons with foreign nationality can acquire property or limited in rem right in a district/town up to 10 % of the total area of the said district/town.
d) Legal restrictions do not apply in setting mortgage for real persons and commercial companies having legal personality which are established in foreign countries.
e) The properties are subject to winding up provisions in following cases: (i) if the properties are acquired in violation of laws; ii) if the relevant Ministries and administrations identify that the properties are used in violation of purpose of purchase; iii) if the foreigner does not apply to the relevant Ministry within time in case the property is acquired with a project commitment; iv) if the projects are not materialized within time.
4. Application and Procedure:
Buyer should be from the country whose citizens can acquire property or limited in rem right in Turkiye and meet the necessary conditions.
Application:
The owner of the property or his/her authorized representative should make a preliminary application to the Land Registry Directorate. (Preliminary applications are made before noon by taking sequence number)
If the preliminary application is incomplete, the file will be kept waiting.
Necessary Documents:
a) Tittle deed of the property or information on village/district, block, building plot, detachment.
b) Identification document or passport (Together with its translation).
c) “Property Value Statement Document” to be provided from the relevant municipality.
d) Compulsory earthquake insurance policy for the buildings (house, office, etc.)
e) 1 photo of the seller, 2 photos of the buyer (photos to be taken within last 6 months, 6×4 size)
f) (If one of the sides cannot speak Turkiye) certified translator and 2 witness.
g) (If the power of attorney is prepared abroad) The original or certified copy of the power of attorney and its approved translation.
Information on powers of attorney issued abroad:
– Powers of attorney are issued by the Turkish Embassies or Consulates.
– If the power of attorney which is issued by a notary of a foreign country is certified according to The Hague Convention dated 5 October 1961 and if it bears “Apostille (Convention de La Haye du Octobre 1961)” in French, there is no need for an additional certification of the said power of attorney by the relevant Turkish Consulate.
– If the power of attorney is issued by a notary of a foreign country which is not party to The Hague Convention dated 5 October 1961, the signature of the said notary has to be certified by the relevant authority of the foreign country and then the signature and seal of the said foreign authority have to be certified by the Turkish Consulate in that country.
Financial Aspect of the Procedure:
a) Both seller and buyer have to pay the tittle deed fee, calculated according to the selling price which cannot be less than the “Property Statement Value” to be issued by the relevant municipality. (According to the Charges Law No:492, the title deed fee percentage for 2013 is % 2.)
b) Circulating capital fee which is determined locally has to be paid. (Maximum 70×2.5 TL for 2013.)
c) At the stage when the Land Registry Directorate inquires with the relevant military authorities whether the property is located within a military or special zone, circulating capital fee for the map prepared by the Cadastre Directorate has to be paid.
5. Other points to be noticed by foreigners who wish to buy a property in Turkiye:
– The foreigner has to inquire with the Land Registry Directorate if there is any limitation on the property, such as mortgage, arrestment or any obstacle which prevents the sale of the property.
– If the application by the foreigner for buying a property is rejected, the act can be appealed to the relevant Regional Office of the Land Registry Directorate.
– It is advised that foreigners do not work with persons/companies who/which are not expert or reliable.
– Having a residence permit is not a condition for the foreigner who wishes to buy a property in Turkiye. Likewise, buying a property does not grant the foreigner obtain residence permit in Turkiye.
– If there is a disagreement between the sides on the sale of the property, the case has to be brought before the Turkish courts by referring to judicial authorities.
6. Acquisitions by Foreign Companies:
– Acquisition of property by the companies which are registered in Turkiye is governed by the Article 35 of the Land Registry Law No 2644.
a) Foreign commercial corporations which are established according to the relevant laws of their countries of origin can acquire property and limited in rem rights within the provisions of special laws. These special laws are:
– Petroleum Law No. 6326
– Law on Encouragement of Tourism No. 2634
– Law on Industrial Zones No. 4737
b) No restriction is implemented in favor of the said commercial companies in establishing mortgage.
c) Other foreign corporations (i.e. foundation, association,…) cannot buy property and acquire limited in rem right.
7. Acquisition of Property by Companies with Foreign Capital:
The companies with foreign capital,
– If the foreign investors hold, individually or collectively, 50 % or more shares of the said company,
– If the foreign investors do not hold any share of the said company, but have a right to assign or remove the managers of the said companies on the condition that the said company has a legal personality in Turkiye, could buy property in Turkiye in accordance with Article 36 of Land Registry Law No. 2644 and the “Decree on Acquisition of Property and Limited in Rem Rights by Companies and Corporations within the Context of Article 36 of Land Registry Law No. 2644”, dated 16.08.2012.
The Land Registry General Directorate has published a circular No. 2012/13 (1735) on “acquisition of property and limited in rem rights by companies with foreign capitals”
11 Steps to buy property in Turkiye
Step 1 – Do your research
The Turkish property market is growing day by day. There are literally 1000’s of properties for sale in Turkiye and 100’s of real estate agents. All will tell you different things and give different advice. We believe that our strong point is our longevity in the market, our knowledge of Turkiye and experience in dealing with over 2,000 property transactions. We advise that you conduct your own thorough research into which region in Turkiye best suits your needs, budget, and expected lifestyle. We will also provide you with diligent and frank information on all regions of Turkiye – from Fethiye, Bodrum, Antalya, Kalkan to Istanbul and others. We shall also refer you to best sources for legal and technical matters involved in buying in Turkiye.
Step 2 – Compare Agents
When looking for a home in Turkiye, we advise you to check testimonials of different websites, compare different property agents and seek longevity in a property developer or agent. If they have been around for a long time, chances are they are solid and credible agents. Make sure they understand you and your requirements. If you ever get the feeling that they are reading off a memorised sales-pitch (and there are many of them around), then chances are they are. Move away. They are not the right agents for you.
Buying an overseas property is for most people more of a lifestyle choice than just bricks and mortar, so the agent you are dealing with ought to understand and appreciate the lifestyle you are seeking to attain. If they can’t, then they will not have much chance of guiding you toward the right area and type of investment. Remember, Turkiye is a huge country, larger than France, four times the size of the UK, so there are big differences from region to region in terms of climate, culture and landscape. Only a knowledgeable and empathetic agent will be able to consult you in the right direction.
Step 3 – Talk to your property agent and build a good rapport
Some of us are shy of picking up the phone and talking to property agents. We do not like ‘being sold to’ and as such we try to avoid putting ourselves in circumstances, where we might be confronted by a ‘pushy’ sales person. This is very natural, however, if you can’t talk openly and at length with your agent, then your agent will not be able to understand your needs and preferences. Without fully understanding your requirements your agent will find it difficult to source the right property for you. So, the key is once you feel you have found a genuine agent (possibly having gone through several), who is able to assist, then invest your time in talking to them at some length. Get to know them and let them get to know you. This is key to establishing the right rapport which will in turn help and motivate your agent to do his/her utmost for you. This rapport will follow you all the way to Turkiye and hopefully well after you have successfully purchased your new home in Turkiye.
Step 4 – Visit Turkiye before you buy
The old saying, ‘seeing is believing’, really can’t be truer when describing Turkish property. In order for you to successfully make a decision on whether to buy a home in Turkiye or not – you will need to visit Turkiye, get to know the surroundings, try out the local restaurants and cuisine. At Property Turkiye we don’t just sell you a property then leave you in the lurch, we like to sell you a lifestyle, a dream location and idyllic surroundings for you to feel comfortable and at home in. If anyone tries to sell you a property on the phone and without seeing it, feeling it, touching it, then beware. That’s not the way to do it.
Step 5 – Go on a Turkish property inspection trip
A professionally organised and put together inspection trip with a reputable company will help you in your property search to a great extent. We recommend at least 4 days dedicated to seeing various homes with us, sorting our paperwork, and getting accustomed with local scenery and lifestyle.
Step 6 – See lots of properties to make sure you are settled on the right one
During your inspection trip with us, we will ensure that you visit as many properties as possible in as many locations as possible and reflecting a large price range to make sure that you really do get your value for money.
During our initial talks on the phone, emails and possibly face to face meeting prior to your viewing trip, we will have scoped out and marked plenty of homes and real estate inTurkiye for you to see. After all, buying a home in the sun is a big decision to make – we want to ensure you make the right decision. That’s why we spend our time building a very good rapport with you.
Step 7 – Negotiation on the price and terms of purchase
Whether you are buying a villa in Turkey or an apartment, you should always negotiate to ensure the best possible price and terms are achieved. You can secure significant discounts at times from developers as well as private sellers. This is our job, as your consultants representing you, we will do our utmost to secure the best deal possible for you. When budgeting for your purchase, please always keep in mind that although much lower than Spain, France and Italy, there are incidental costs associated with purchasing proprty in Turkiye. Take these into account so you can budget accurately. Please rest assured we will advise you accordingly.
Step 8 – Reserve the property and freeze its price
Once you have found your dream home, villa, or apartment in Turkiye, we will then reserve the property for you so that we can proceed with the purchase process. The cost of reserving real estate in Turkiye is generally around £1,000 (Euro 1,200) and is non refundable. This amount is given to the seller as a reservation deposit and it gets deducted from the agreed purchase price. However, if having reserved the property, you then decide not to proceed with buying it, then strictly speaking the reservation deposit is lost.
Step 9 – Appoint a solicitor by power of attorney to conclude the purchase for you
The easiest way to purchase a property in Turkiye is by granting power of attorney to a solicitor in Turkiye to conclude the deal on your behalf. This saves you a lot of time and ensures that your purchase will be as smooth as possible without any hitches or hiccups. At Property Turkiye we have worked with many qualified and highly recommended experienced solicitors and will introduce you to a lawyer during your inspection trip.
Step 10 – Conduct final completeness check on the property
After signing contracts, the purchase should take around 4 weeks to complete. Your appointed lawyer (solicitor) will during this process make all necessary checks on the property – including title check, municipality check, and military clearances to guarantee that the property is freehold registered in your name.
Step 11 – Receiving of title deed (TAPU)
The final step to complete your real estate purchase in Turkiye is registering your TAPU (or title deed). Once we have secured all paperwork and both sides have carried out their contractual obligations – your home will be registered to your name and you will receive the title deed (TAPU) to your new home in Turkiye.
So this is our easy guide to buying a property in Turkiye. Of course we are always happy to chat with you over the phone or email about your property requirements and any questions you may have regarding your purchase of real estate in Turkiye. If you have any questions you may need answering, don’t hesitate to contact us at any time.