LEGAL BASIS FOR THE ACQUISITION OF PROPERTY
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.
Format of the Contract:
According to the Turkish 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.
Legal Restrictions for Foreigners in Buying Property:
. Persons with foreign nationality can buy maximum 30 hectares of property in Turkey in total and can acquire limited in rem right.
. Foreigners cannot acquire or rent property within military forbidden zones and security zones.
. 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.
. Legal restrictions do not apply in setting mortgage for real persons and commercial companies having legal personality which are established in foreign countries.
The properties are subject to winding up provisions in following cases:
. if the properties are acquired in violation of laws;
. if the relevant Ministries and administrations identify that the properties are used in violation of purpose of purchase;
. if the foreigner does not apply to the relevant Ministry within time in case the property is acquired with a project commitment;
. if the projects are not materialized within time.
APPLICATION AND PROCEDURE FOR ACQUISITION OF PROPERTY
The people, who are the citizens of the countries which have bilateral agreement with Turkey can acquire property or limited in rem right in Turkey.
The owner of the property or his/her authorized representative should make a preliminary application to the Land Registry Directorate. In case the preliminary application remains incomplete, the file will not be completed.
a) Tittle deed of the property.
b) ID card or passport (Together with its translation).
c) “Property Value Statement Document” to be taken 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, 6x4 size)
f) (If one of the sides cannot speak Turkish) 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.
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.
b) Circulating capital fee which is determined locally has to be paid.
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.
Other points to be noticed by foreigners who wish to buy a property in Turkey:
- 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 Turkey. Likewise, buying a property does not grant the foreigner obtain residence permit in Turkey.
- 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.
ACQUITION BY FOREIGN COMPANIES
. Acquisition of property by the companies which are registered in Turkey is governed by the Article 35 of the Land Registry Law No 2644.
a) Foreign commercial 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.
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 Turkey,
could buy property in Turkey in accordance with Article 36 of Land Registry Law No. 2644.