Reproduced from Turkish Consulate Guidence Notes

September 2009

This guidance was prepared with the purpose of assisting foreign nationals to avoid problems in buying immovable property (real estate) in Turkey. However, the guidance should not be considered a substitute to necessary professional consultancy service.

1. 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.   

2. 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 Registery 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 Registery Office.

3. 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 immovables purchased by a foreign national may not exceed 25.000 (twenty five thousand) square meters, even if the immovables  are in 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.

4. Practical Information:
A. Real persons of foreign nationality should bring with them the following to Land Title Registry Offices when acquiring immovables;            

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.   

The procedures for buying and selling a property in Turkey are considerably easier, faster and more reasonable than they are in many other countries. As long as the Real Estate that foreigners are willing to buy, is approved under the local or private construction regulations, they will be elligible for a title deed, able to sell, and in the event of death, their immediate family will be able to inherit their property in their name.

The transfer of the property is made by the Land Registry Office of the relevant district. HDT Properties does legal checks on the property to ensure a clear transaction before marketing the property.

Procedure For Foreigners Buying a Property In Turkey

1 - The preparation and signing of a contract that is arranged by agreement between the vendor and the buyer.

2 - According to the payment regulations in the agreement a deposit is paid to reserve the property. This is usually approximately 10% of purchase price.

3 - Application for Power of Attorney by the Real Estate Agency or a Solicitor for the purchase of property and the transference of water and electric subscriptions. This Power of Attorney is limited to the period of the purchase and only permits purchase of the property on behalf of the buyer.

4 - Application for military clearance for the title deed transaction.

5 - Obtaining clearance from the military and completion of the title deed transaction.

6 - Payment of the Property Purchasing Tax.

7 - The transfer of electricity and water subscriptions into the buyer's name.

After these easy and short procedures, the transaction of the property will be fully completed.

Legal Documents That Are Necessary For The Title Deed Registration Office

1 - Four portrait passport photographs suitable for legal documents.

2 - Power of Attorney for either the Real Estate Agency or a Solicitor.

3 - Passport and photocopy of passport for application for Power of Attorney.

4 - Tax number from the Revenue Office. HDT Properties will arrange this on your behalf.

The follow up of procedures and documents mentioned above will be taken care of by our agency.

The Cost Of Buying Property & Additional Costs

Real Estate Agency Fee :	3 % + VAT service fee over the actual sales price of the property from each party.
Buying Property Tax :	3 % on the ‘declared’ value of the property to be paid to the government. (e.g: if buying price is 100,000 TL then fee is 100,000 x 3% = 3,000 TL.)
Aplication Fee :	250 TL
Translator & Notary Fee :	500 TL
Solicitor Fee :	1000 TL
Elecricity and Water transfer :	2000 TL (Approximately)

Click on the image to view a sample Title Deed (TAPU) Document or Habitation Certificate

           

 

Click here to download Habitation Certificate in Adobe PDF format