BUYING PROCEDURE IN TURKEY
Let us suppose that you liked a property in Turkey and you wanted purchase so what are the procedures?
Every year the number of the foreigners who are choosing Turkey to
make invesment in property and land constantly increasing and the buying
procedure is getting easier. As you know even if it is very easy,
buying property can be stresfull and tiring but Turquoise Homes will
perform all the procedure on be half of you with its Professional staff
who speak English, German, Dutch, Danish Norwegian and Russian. When all
these are made by Turquoise Homes you can relax during the buying
process of your property. Here is some of the necessary information
about buying procedure. For detail information please contact us either
through email or fax or in person for any additional information.
1. Who can buy?
Most foreign nationals can purchase property in Turkey providing that:
• There is a reciprocal agreement between the government of Turkey and
that of the purchaser. This agreement does exist between Turkey and the
EU Countries, US, Russia and also with other countries.
• The intended property lies within the boundaries of a municipal area,
i.e. town or village with more than 2,000 registered inhabitants.
• The intended property does not lie within the confines of a military zone.
These simple regulations are important. Non-Turkish Nationals, who
have attempted to outsmart the system by purchasing homes in prohibited
zones in the name of a Turkish acquaintance under the protection of a
private notarized agreement, have no chance of recovering their property
in the event of a dispute.
2. Property Purchasing Laws and Procedures in Turkey
We will give you the essential but general information regarding the
path to ownership of a property in Turkey according to Turkish Laws
(article 35 of the Turkish Constitution) and what issues might arise
during the process. Different properties are subject to differing laws
(depending on location). Because the following is general information
only, we encourage you to contact or consult an expert of your own
choose. By doing so you can avoid the possibility of making mistakes and
3. Turkish Property Legislation
Ownership is anchored in article 35 of the Turkish Constitution. This
article stipulates that anyone is entitled to ownership and that these
rights can only be restricted by other legal stipulations. The
restrictions may consist, for instance, of zoning schemes, restrictions
applicable to foreigners and the like.
• The ownership regulations
are elaborated in the Turkish Civil Code, article 633. This mainly
explains how ownership is acquired.
• For the purchase of property
by a foreign person, the registration of the land is especially
important. In Turkey there are regional directorates of the Land
Registry Department, which are subdivided in provincial or district
offices and they are all controlled by the state.
4. Property Registration and Delivery
In contrast to most European countries, the formal entry in the
property register in Turkey is not performed by a public notary, but by
an official of the Property Registry Department. It is a legal
requirement for both sides (the seller and the buyer) to be present at
the entry. However, It is possible to authorize another person to stand
as your proxy. As a security measure, it is also advisable to authorize
the sale through an official notary.
• The delivery of the deed of transfer does not require the
intervention of a public notary in Turkey. The only applicable
stipulation concerning the delivery is that it takes place in writing.
After the entry and delivery the property register issues a proof of
ownership or property deed which is called ‘Tapu’.
• Ownership is only obtained at the moment that the building(s), if
under construction, has been completed and the full amount has been
• Mainly there are no legal
restrictions against Non-Turkish Nationals regarding the acquisition of
property ownership. However, the Village Act and the Military Prohibited
and Security Areas play an important role; Article 87 of the Village
Act denies the right to foreigners to ownership of property that is
outside the center of a village in case the area has not been available
for purchase or it may belong to the Ministry of Forest. Also, the act
regarding Military Prohibited and Security Areas can be an impediment
and therefore restrict the acquisition of property by foreigners if the
property is located within a particular distance of military sites or
strategically important areas.
major legal restrictions mentioned above may in turn change or even be
(partly) cancelled by more recent legislation which is closely related
to the promotion of the economic position of Turkey or the adjustment of
regulations and laws to EU or tourism promotions for foreigners.
5. Negotiating the Purchase
Having selected your ideal property, you will want to be absolutely
certain of the legalities of the process and particularly your rights in
a foreign country.
This is where Turquoise Homes can and will
ensure that impartial and expert assistance is given in guiding you
through every step.
• Once the deal has been agreed upon a contract, between you and Turquoise Homes, confirming the price and dates of transfer.
• We would require from you two passport sized photographs of the
person or persons whose name will be on the property deed (the tapu),
plus a photocopy of your passport.(Tapu (Title Deed) Sample is given
• We will then go to the tapu Office(Land Registry Office)
to make the official tapu application. At this point your deposit is
paid to the seller and the tapu is sent off to the City Council, who in
turn sends it to the Army Office in Izmir. (In Turkey, it is necessary
to acquire permission from the Army Office before the purchase can be
completed. This process can take, an average, 5-8 weeks.)
addition to the purchase price of your property, you are required to
pay the following associated charges. Please note that, the Estate
Agency Fee is fixed, all other costs are only an approximate guide and
could be less than stated. However, you may find them useful when
planning your budget.
- Estate Agency Fee (fixed) : 3% of the Purchase Price
- Legal Notary Office :
- Sworn Translator :
- Photographs :
- Purchase Tax :
- Land Registration (including maps) :
- Earthquake Insurance (compulsory) :Expenses of all requirement cost around 2200 € (changeful depends on location)