• LEGAL PROCEDURES OF BUYING A PROPERTY IN TURKEY

Legal Procedures relating to the acquisition of Real Estate in Turkey by
a non-Turkish National.


In Turkey the ownership of land and immoveable property is registered with the Turkish
Land Registry. The title deeds to a property once registered prove the ownership of the
same. Before deciding to purchase any immoveable property in Turkey it is advisable to
have a lawyer verify that the title to that property is good and also that the related
purchase contract is valid and enforceable under Turkish law.

The Turkish Land Registry law allows a foreign national to purchase real property in
the Republic of Turkey provided that the country of the foreign national in question also
allows Turkish citizens to purchase real property in that foreign country. This principle
of reciprocity must not only be legally possible but must also be practically possible.


Full reciprocity exists between Turkey and (among others) Australia, Belgium, Canada, Denmark, France, Germany, the Republic of Ireland, Italy, the Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland, the United Kingdom and the USA.

Real estate acquisition by foreigners must also comply with any restrictive provisions
in law. The most important legal restriction in this regard is the law on Military Forbidden
Zones and Security Zones which restricts geographically real estate acquisition by
foreigners in Turkey.


It is not possible to sell, transfer and rent real estate located within military forbidden
zones and security zones to foreign real and legal persons. The identity of these zones
is a matter of public record and the local municipality offices can provide information
on the location of forbidden zones. In the case of all real estate acquisition by foreigners,
the prospective foreign purchaser is first given permission by the Military Head Office
in Izmir.

 

Transfer of Title Procedure


a) First and foremost, a Turkish lawyer should check that the title to the property to
be purchased is a good and clean title;


b) An application is then made to the Turkish Registry of Deeds to have the title
transferred to the purchaser;


c) The application includes the title deeds to the property (if it already exists) or,
for new projects, the plans and details of same are submitted. Also, a copy of the
purchaser’s passport and photographs of the purchaser are also submitted.


d) These documents are firstly sent to the military head office in Izmir where the
application is considered and the location of the property is checked to ensure that
it is not in a military forbidden zone’ or a ‘security zone’. Here the identity of the
purchaser is also verified.


e) When the military head office gives permission for the foreign national to purchase,
the Land Registry Office may begin the paperwork to issue the title deeds relating to
the property.


f) When the title deeds are issued, the purchaser and the seller must present
themselves at the Registry of Deeds Office. The purchaser must prove his identity
by showing his passport. The seller and the purchaser sign a document to prove the
transfer of title and the title deed is then issued in the purchaser’s name.


g) If the purchaser is not available for any reason, then he may appoint an attorney
to take the transfer of title on his behalf. An attorney is appointed by virtue of a
specific power of attorney document valid under Turkish law.


h) On the issue of title deeds to a new owner there is a tax to be paid and this is
calculated at 3% of the value of the property as set out in the title deeds.