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BUYERS GUIDE |
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PURCHASING REAL
ESTATE FOR PRIVATE USE IN TURKEY |
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Rules: Citizens and commercial corporate
entities of the countries with which
reciprocity agreements have been signed
and companies established in line with
Foreign Direct Investment Law No. 4875
in Turkey may purchase a real estate in
Turkey on their own names provided that
the property is not located in military
and security zones.
The acquired property may be resold or
rented out and the proceeds of the sale
or the rental income may be transferred
out of Turkey freely.
Procedure: The sale procedure for
foreigners is the same as Turkish
citizens except a search for the
abovementioned military and security
zones restriction. Once a sale agreed
with the owner, an application has to be
made to the local Land Registry Office.
The Land Registry Office then carries
out a search for the abovementioned
restriction through correspondence with
the military authorities in the area. As
soon as the search is completed, the
Land Registry Office then transfers the
title and issues the new deed.
Taxes: Both purchaser and seller are
liable for a 1.5 per cent property
transfer tax, based on the declared
price of the property. There is also a
municipal property tax, again, based on
the declared value of the property, at
the rate of 0.1 per cent for residential
properties and 0.3 per cent for land
annually. One fourth of the tax value
(minimum YTL 2,500) of newly built
residential properties is exempt from
the municipal real estate tax for the
first five years. (In most sales this is
the case, but in certain resales the
seller states that the buyer pays all
the tax, but in cases where new
properties are contracted it is usually
the case that the seller/developer
covers these costs.)
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GUIDANCE FOR
FOREIGN NATIONALS WHO WISH TO BUY IMMOVABLE
PROPERTY (REAL ESTATE) IN TURKEY |
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This guidance was prepared with the
purpose of assisting foreign nationals
to avoid problems in buying Rreal Estate
in Turkey. However, the guidance should
not be considered a substitute to
necessary professional consultancy
service.
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Legal Basis:
Real persons of foreign nationality
may buy property in Turkey if
reciprocity exists between Turkey
and the country of which they are a
citizen. Information on reciprocity
lists can be obtained either from
your country`s diplomatic missions
in Turkey, or from the Turkish
Embassy/Consulates General in your
country. Real persons of foreign
nationality are advised to take due
notice of the following points in
order to avoid incurring loss when
buying immovable property.
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Official drawing up of contracts:
According to effective Turkish
legislation, official contracts
transferring ownership of real
estate must only be drawn up at the
Land Title Registry Office where the
immovable is located. It is possible
also to sign, in the presence of a
notary public, a “promise-to-sell”
contract prior to the official sale.
Acquisition of ownership of the
immovable, the sale contract of
which is concluded, can take effect
only after registration at the Land
Title Registry Office.
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Legal Restrictions on Sale of
Real Estate to Foreign Nationals:
A. Foreign nationals may buy
immovable property in Turkey, as a
work place or private residence,
provided reciprocity exists between
Turkey and their country, and legal
restrictions are observed. However,
the total area of the immovable
purchased by a foreign national may
not exceed 25.000 (twenty five
thousand) square meters, even if the
immovable is in a different
localities.
B. Permission has to be
obtained from the military
authorities of the region, through
the Land Title Registry Office,
before the purchase of an immovable.
Sale to foreign nationals of
immovable property located in a
military security area is prohibited
by law, and it is important to
clarify this matter before any
payment is made.
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Practical Information:
A. Real person of foreign
nationality should bring with them
the following to Land Title Registry
Offices when acquiring immovable;
1. Identity document or passport,
2. Foreign nationals whose acquisition of property is subject
to a valid residence permit:
Residence permit issued by the
relevant
police department,
3. If they wish to act on the basis of a power of attorney
issued abroad (i.e. outside Turkey),
the original or certified copy of
the
power of attorney together with a certified
Turkish translation.
B. Before a real estate sale
contract is drawn up, an inquiry
should be made at the relevant Land
Title Registry Office as to whether
such immovable is subject to
restricted real rights, mortgaged,
or any other situation exists which
prohibits its sale.
C. Foreign nationals who wish
to buy real estate in Turkey are
advised,
• Not to sign legally binding sales contracts or make any payments
before obtaining information at the
correct Land Title Registry
Office about the immovable involved
• Not to initiate procedures before investigating the sales persons
or agencies involved, and to refrain
from conducting business
with persons or agencies who are not able to
provide sufficient proof of their
credibility.
In case of a disagreement concerning
the sale or purchase, the matter has to
be referred to the judiciary, and a
lawsuit has to be filed with the Turkish
courts. It is not possible for the
Ministry of Foreign Affairs of Turkey
and Turkish diplomatic missions to
interfere in the judicial process.
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