Buying a property in Turkey can be quite a simple process, so
long as you know what you are doing. By working with us we can
endeavour to make the process as smooth and painless for you as
possible.
Not only must formal regulations be taken into account, but
Non-Turkish Nationals must also heed the various legal aspects
to acquire real estate.
Lagoon Estates Ltd. offers you valuable assistance
and will undertake the commitment to carry out objective and
thorough searches regarding the property in which you are
interested. Our well-educated staff are fluent in English, and
are happy to help you. So please do not hesitate to contact us
either through email or fax or in person for any additional
information.
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BE WARNED: It's no secret that Turkey has a
"freelance" real estate agent in nearly every bar. However, once
they've made their commission they usually disappear, leaving
the unfortunate purchaser to negotiate this unfamiliar territory
by him or herself.
You should also be aware that it is comparatively easy for non
estate agents to advertise over the internet. Caution and
thorough investigation should be carried out and you should be
sure to only choose a reputable agent.
At Lagoon Estates Ltd., we pride ourselves on the fact that we
place professional ethics and standards above all other
considerations, and all our representatives are thoroughly
familiar with every legal aspect of a purchase.
We feel very strongly that once you have purchased with us this
is the
"real beginning" of the relationship, not the end.
see our references page
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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 U.K, also with other countries.
That the intended property lies within the boundaries of a
municipal area, i.e. town or village with more than 2000
registered inhabitants.
That 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 notarised agreement, have no chance of
recovering their property in the event of a dispute.
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Property Purchasing Laws and Procedures in Turkey
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Foreign people are increasingly interested in purchasing
property in Turkey particularly along the southern and
western coasts.
Turkey is becoming a popular holiday destination with its
immense unspoilt coastline and Mediterranean climate, which
offers all-year-round sunshine. Also buying property in
Turkey is seen as a good future investment considering the
fact that Turkey is on the verge of becoming a member of the
EU and has one of the fastest growing emerging markets in
the world.
Here 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 problems 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 consult an expert or
visit our company; Lagoon Estates Ltd. in
Fethiye. By doing so you can avoid the possibility of making
mistakes and suffering disappointment. The procedure of
buying property in Turkey can be a complex matter therefore
a knowledgeable, professional service is essential.
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Turkish Property Legislation |
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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, etc.
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.
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Property Registration and Delivery |
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In contrast to most European countries, the 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. It is possible to authorise another
person to do so. As a security measure, it is also advisable to
authorise 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, which is called Tapu. The
ownership is only obtained at the moment that the building(s),
if under construction, has been completed and the full amount
has been paid.
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 centre of a village in case the cadastral
division of this area had not been arranged yet 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.
The 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 etc. |
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Negotiating the Purchase - Enjoy trouble-free service |
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 Lagoon Estates Ltd. can and
will ensure that impartial and expert assistance is given in
guiding you through every step in a very short time i.e. in
only 45 minutes.
Once the deal has been agreed we draw up a contract between
yourselves and the seller, confirming the price, and
agreeing on dates of transfer. We would require from you
eight passport sized photographs of the person or persons
whose name will be on the property deeds (the tapu), plus a
photocopy of your passport. We will then go to the tapu
office, located close to our office and 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,
sometimes a little longer if they have a backlog of
applications.
The remaining balance of the purchase price is paid at a date
negotiated between yourselves and the seller - usually when the
tapu has been transfered |
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The main costs are as follows:
• Agency commission – the standard rate charged to the buyer is
3%.
• Legal notary office - £90 (approx)
• Sworn translator - £20 (approx)
• Photographs - £10 (approx)
• 0,3% purchase tax (stamp duty). (approx)
• Land registration (including maps – approximately £450.
(approx)
• Earthquake Insurance (compulsary on taking title deed) - £35
(approx)
• There may also be some small administration charges during the
paperwork process. |
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