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How to Buy?
We can provide a one-stop-shop
for you, undertaking every procedure necessary to buy
property here on your behalf.
Our companies promise is that
while all of our resources are avaible to you, we never put
potential clients under pressure to buy.
Who Can Buy?
Most foreign nationals can
purchase property in Turkey provoding ;
That there is a reciprocal
agreement between the government of
Turkey and that of the
purchaser. The agreement does existbetween
Turkey and and the
UK, also with the other
countries.
That the intended property does
not lie within the confines of a military zone.
That the intended property lies
within the boundaries of a municipal area, i.e. town or
village with more than 2000 registered inhabitants.
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.
Property Purchasing Laws
and Procedures in Turkey
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
of the Turkish Constitution and what problems might arise
during the process.Different properties are subject to
different laws(depending on location). Because the following
is a general information only, we encourage you to consult
an expert or visit our company Kusadasi Properties in
Kusadasi.
By doing so you can avoid the possiblity 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.
Turkish Property
Legislation
Ownership is anchored in article
35 of the Turkish Constitution. The 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
subdivided in provincial or district offices and they are
all controlled by the state.
Property Registration
and Delivery
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 Registration 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 cinstruction, 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 properties 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 restriction
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.
Services include
Tours of all suitable properties
assume power of attorney via the Public Notary, in order to
handle purchase, as well as tax affairs and utility bills on
your behalf. Compreheasive after sales services.
For more
information:
info@modarealestate.com
Sincerely Yours,
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