Property buying process in Turkey

The Process of Buying Property in Turkey by Foreign Nationals

According to the Turkish laws and regulations in force, the transfer of ownership is only possible according to the place of possession in the title deed registry offices (TAPU DAİRESİ). In the presence of a competent interpreter, the seller and the buyer sign a disclaimer, that none of them has any claim toward each other and ownership shall then be transferred from the seller to the buyer in the Property Registry Offices (TAPU DAİRESİ). Then, the buyer (new owner) will be written in the cadastre book and the title deeds will be given, which is called “TAPU” in Turkish. If the property has not been sold to any one before and the buyer is the first owner of the property on which the construction is made, the property must obtain permission from the relevant military authorities confirming the correctness within the permitted territories. Other successful purchases do not require any military consent and will be carried out at the Land Registry Office (TAPU DAİRESİ) as mentioned above. Frequently asked questions: What is the title deed and are there any restrictions on it?

• Foreign nationals living in Turkey can purchase a maximum of 30 hectare property in total.
• Foreigners are not allowed to acquire or rent in military forbidden territories or security zones.
• Urgent vacations in urban areas as well as vacancies can be obtained by foreigners only if they submit a construction project to the relevant ministries and administrators of the foreigners (Ministry of Tourism or Ministry of Agriculture, etc.) within 2 years.
• Title deed is a deed issued by the Deed Registry Offices according to a cadastre book.
• In Turkey the owner of the property could be an individual(s) and/or company(ies), who is shown in TAPU (Title deeds) as an owner of the property.
• Children under the age of 18 can be property owners and can be written in TAPU.
• In Turkey foreigners own the land on which the property is built.
• Many people can share ownership. Payments can be divided equally or differently. All owners are written in TAPU (Title Deed). Every owner can sell his property to a third party at any time.
• Except for the land details, there is no specified detail of property (apartment / house number or plan, apartment / house size etc.) in TAPU.
• Apart from the cadastral number of the land, there is no address indicating the location of the property.
• Property value is specified in TAPU. It is usually lower than the selling value, as Turkish Property Transfer tax is paid according to the price of the relevant municipality calculation. The property value that is shown in TAPU cannot be less than the “Property Statement Value”, which is given by the relevant municipality.
• If TAPU is lost, it can be renewed within one day.

Documents to be submitted to the Title Deed Directorate:

a) Information about property title deed or village / district, block, plot.
b) Passport (with translation).
c) “Property Declaration Value” to be provided by the relevant municipality.
d) Compulsory earthquake insurance policy for buildings (house, office, etc.).
e) 1 photograph of the seller, 2 photographs of the buyer (photographs must be drawn in the last 6 months, 6 × 4 size).
f) Certified interpreter (if one of the parties can not speak Turkish) and 2 witnesses.
g) (If the power of attorney is prepared abroad) Original or approved example of the power of attorney and approved translation.

Information on proxy documents issued abroad:

• The power of attorney is issued by the Turkish Embassies or Consulates.
• If the power of attorney is issued by a foreign notary, the signature of the notary must be verified by the relevant authority of the foreign country and then the foreign authority seal must be certified by the Turkish Consulate in that country.

Related costs: Property transfer tax rate is based on the declared value (TAPU) of 4%, which is shown as property title deed.State Fee for the Regional Land Registry Directorate (maximum of 260 TL for 2018).Service charge for the Title Deed, 485 for 2016Interpreter fee. 300 Tl

Right of inheritance It is recommended that successors prepare a will with a Turkish notary to simplify the process of inheritance. If the deceased person has not prepared the will or if s/he cannot provide for the distribution of the property, the appointment will be made in accordance with the Turkish laws through the court. The spouse holds half of the possession and the other half is divided among the children. If there is no living child and wife, the parents of the deceased take their place, etc. The Turkish government does not have the right to seize the property of foreign nationals.

This information is provided from the official website of the Registry Office: http://www.tkgm.gov.tr/tr/icerik/yabancilarin-tasinmaz-edinim-rehberi