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1.5327 YTL |
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2.0927 YTL |
Alanya |
Antalya |
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Service Packet
Providing that one can respect and is familiar with the rules and regulations, purchase of property in Turkey is relatively simple, safe and without any risk. Each transfer of ownership is registered at the Land Registry Office. After the transfer of ownership the new owner receives a proof of ownership, the so-called "tapu" (proof of registration at the Land Registry Office). The Land Registry Office is managed by the municipality. For the exchange of deeds the " old" and the " new " owner should be present at the Land Registry Office in person with their identity papers, a set of recent passport photos and the full name of their father. Moreover the presence of a sworn interpreter is required when either the buyer or seller is of foreign nationality.
In the event of there being an existing legacy, a legal will drawn up in the country of origin is officially recognized. If there is a no legal will, then the Turkish law of succession is applied.
The tapu is only issued at the Land Registry Office in the presence of a sworn interpreter. Never accept a transfer of ownership through a lawyer, a notary or through so-called friends or aquaintances !
Legislation With Regards To The Purchase or Real estate by Non-Residents
Private Non-Residents are permitted to purchase real estate in Turkey on the condition that they comply with a few specific regulations.
According to § 35 of the Turkish Land Register, Private Non-Residents are authorized to buy or inherit property in Turkey provided that there is no change of by-laws on a reciproal basis.
This particular legal regulation consents to the acquisition of landownership by Private Non-Residents.
Restrictions That Need To Be Complied With
1)New ! On the 3rd of July 2003 a statutory change was made conerning Private Non-Residents. In accordance with the new Land Register Law § 4916 Section 19 Chapter 35 Private Non-Residents are authorized to buy and subsequently pass down property from now on within the municipal boundaries as well.
2) the instructions issued by the Central Administration should be complied with (according to the Law on Tourism Nr.2634, Section 8/E) and in particular with reference to the areas that are located outside of tourist zones (including these tourist zones) in addition to areas that are located outside of municipal boundaries that are part of these tourist zones as well.
2-1) According to the military Forbidden-Zone-Law Nr. 2565 and the Security-Zone-Law Private Non-Residents are not permitted to buy property in the forbidden military zones of the 1st and 2nd degree and neither are they allowed to do so in military security zones. It is for this reason that is crucial for Private-Non-Residents to chech with the military authorities in question whether the property that they are planning to purhase is located outside of a military forbidden zone or a military security zone.
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Land Register Registration (TAPU)
According to all rules and regulations, the Purchasing Process of property in Turkey is relatively simple, safe and without any risk. Turkish legal system leaves the sale and purchasing operations to Land Registry Office. Notaries can only deal with the payment executed specifically in the land offices in a later time. If you come to an agreement on the purchasing of a real estate you go to the land registry with the property owner. If you have any questions regarding the provisions of the purchasing agreement, an inspected translator goes through your questions. This is a legal responsibility concerning purchase agreements with foreigners. After the transfer of ownership the new owner receives a proof of ownership, the so-called "tapu" (proof of registration at the Land Registry Office). The Land Registry Office is managed by the municipality. For the exchange of deeds the " old" and the " new " owner should be present at the Land Registry Office in person with their identity papers, a set of recent passport photos and the full name of their father. Seller gives the land registry to the buyer/buyers after the determined amount is paid. If you are registered to the land registry as the new owner, you have to pay the land registry and property purchasing taxes immediately at the place. Then you shall receive the land registry document showing that you are the new owner of the real property.
Legislative Provisions
In such cases, mutuality principle is the basis. According to the article 35 of the Land Registry Act numbered 2644, acquiring real estate of foreign people in Turkey must be mutual and must be suitable for legal limitations. According to the approach in this regulation, the citizens of the countries who are allowing Turkish citizens to have real estate in their country are allowed to have real estate in Turkey except for the regions that are kept outside of this provision by means of other acts.
Regional Restrictions
According to the act numbered 2644, foreign people may not acquire real estates in certain regions. Moreover, right to acquire immovable in other regions is subject to the permission of Council of Ministers.
• Regions that foreign people may not ever acquire real estates: According to the article 87 of the Law of Village numbered 442, foreign people may not acquire real estates within village boundaries. According to the Law of The Military Forbidden Regions and Safety Regions, the real properties in the said regions are strictly prohibited for foreign people. According to the article 36 of the Act numbered 2644, the foreign people in Turkey cannot acquire more than 30 hectare property out of village boundaries, but this is possible by means of permission of the Council of Ministers.
• Within the city boundaries, out of the military safety regions, without any permission.
• Separate farms out of village boundaries and again lands that are larger than 30 hectare out of the village boundaries, with the permission of the Council of Ministers.
• There is no restriction concerning value and type (land, house, commercial) on acquiring real properties within city boundaries.
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By The Buyer :
2 recent passport photos of the Buyer,
2 copies of proof of identity,
Your residential adress in your own country and the first name of your father
New ! Your tax number (we will apply for this number locally)
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By The Vendor :
1 recent passport photo of the Seller,
2 copies of proof of identity,
Adresses of the Real Estate Agent and the Seller respectively
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