{"id":76,"date":"2019-08-23T07:04:18","date_gmt":"2019-08-23T07:04:18","guid":{"rendered":"https:\/\/www.tevfikyildirim.av.tr\/en\/?p=76"},"modified":"2019-09-29T15:34:13","modified_gmt":"2019-09-29T15:34:13","slug":"conditions-for-foreigners-to-buy-real-estate-in-turkey","status":"publish","type":"post","link":"https:\/\/www.tevfikyildirim.av.tr\/en\/conditions-for-foreigners-to-buy-real-estate-in-turkey\/","title":{"rendered":"CONDITIONS FOR FOREIGNERS TO BUY REAL ESTATE IN TURKEY"},"content":{"rendered":"\n<p>This article is intended to help foreign nationals who wish to acquire real estate in Turkey.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">1.Legal basis:<\/h4>\n\n\n\n<p>The title deed Law No. 2644 was amended by Law No. 6302, which came into force on 18 May 2012, 35. In accordance with the article, the reciprocity requirement for real persons of foreign nationality to acquire real estate in our country has been abolished.<\/p>\n\n\n\n<p>Information can be obtained from embassies\/consulates of the Republic of Turkey and General Directorate of Land Registry and Cadastre (Foreign Affairs Department) and Land Registry offices about which country&#8217;s citizens are able to acquire real estate and limited real rights in our country.<\/p>\n\n\n\n<p>Real persons of foreign nationality can acquire all kinds of real estate (housing, workplace, land, Field) in terms of quality in our country, provided that the legal limitations are complied with.<\/p>\n\n\n\n<p>Real persons of foreign nationality must submit the project to the approval of the relevant ministry (Municipality, Provincial Directorate of Agriculture) within two years.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">2.Form of contract:<\/h4>\n\n\n\n<p>According to the legislation in force in Turkey, the transfer of immovable property is possible with the official deed and registration to be signed in the land registry offices.<\/p>\n\n\n\n<p>It is possible to sign a \u201csales PROMISE agreement\u201d in the presence of a notary public. However, it is not possible to acquire real estate by means of \u201csales PROMISE agreement\u201d or external sales agreement signed in the presence of notary public.Legal restrictions on real estate acquisition of foreigners:<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">3. Legal restrictions on real estate acquisition of foreigners:<\/h4>\n\n\n\n<ul class=\"wp-block-list\"><li>a) across the country, a real person of foreign nationality can purchase up to 30 hectares of real estate and obtain limited real rights.<\/li><li>b) military prohibition and security zones measurement studies finished in 81 provinces by the Land Registry Office of the military prohibition and security zones outside whether or not the real estate authorized to ask the command and the acquisition of positive response to the necessity (excluding some districts) has been removed.<\/li><li>c) real persons of foreign nationality may acquire real estate and limited real rights up to 10% of the face measurement of the county subject to private ownership.<\/li><li>d) in favor of real persons and trade companies with legal personality established in foreign countries according to their own legislation, legal restrictions are not applied in the property pledge facility.<\/li><li>e) real estate acquired in violation of the provisions of the law; determined by the relevant ministries and administrations where it is used contrary to the purpose of acquisition; not applied to the relevant ministry within the period of purchases provided for the project or projects not carried out within the period of; are subject to liquidation provisions.<\/li><\/ul>\n\n\n\n<h4 class=\"wp-block-heading\">4.Reference and method followed:<\/h4>\n\n\n\n<p>The buyer must be&#8221;from the citizens of the country who can acquire real estate and limited real rights in our country and must bear the conditions of acquisition&#8221;.<\/p>\n\n\n\n<p>Reference:<br>\n   The immovable owner or authorized representative must make a preliminary application to the Land Registry Office.<br>\n(Preliminary applications are usually made before the lunch break, by taking the sequence number in the Land Registry Office.)<\/p>\n\n\n\n<p>If there is a deficiency in the pre-application conditions and it can be completed, the pre-application file is put on hold.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Documents required:<\/h4>\n\n\n\n<ul class=\"wp-block-list\"><li>a) Land Registry Certificate or Village\/neighborhood, island, parcel, building, independent section information,<\/li><li>B) identity card or passport (with translation when necessary)),<\/li><li>C) receipt of &#8220;Real Estate Fair Value certificate&#8221;of real estate from the relevant municipality,<\/li><li>D) Real Estate Valuation Report,<\/li><li>e) for buildings (housing, workplace\u2026 etc.) compulsory earthquake insurance policy,<\/li><li>f) 1 Copy of the seller, 2 copies of the buyer (in the last 6 months, 6&#215;4 size).<\/li><li>G) sworn translator if there is a party that does not speak Turkish,<\/li><li>h) in case of a power of attorney held abroad, original or approved sample of power of attorney with translation.<\/li><\/ul>\n\n\n\n<p><strong>Properties of power of attorney held abroad:<\/strong><\/p>\n\n\n\n<p>Power of attorney issued by the embassy or Consulate of the Republic of Turkey. Turkish French October 5, 1961 In addition to the country&#8217;s language \u201cApostille (Convention de La Haye du Octobre 1961)\u201d in case of such documents and the Turkish translations of power of attorney, also the approval of the Turkish Consulate in that place is not sought.<\/p>\n\n\n\n<p>Also, the signature and seal of the notary public in the power of attorney issued by the notary public in the country language, which includes the approved photograph of the notary public in the foreign countries which are not parties to The Hague Convention of 5 October 1961, is approved by the Turkish Consulate in that place.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Financial aspect of the transaction:<\/h4>\n\n\n\n<p>a) the title deed fee is paid by both buyer and seller at the cost of sale, not less than the &#8220;Real Estate Fair Value&#8221;taken from the municipality concerned. (According to the law of fees No. 492 determined by the deed fee rate is 2%.)<\/p>\n\n\n\n<p>B) the revolving fund fee determined locally is paid. (Maximum 128 x 2.5 TL for 2019 )<\/p>\n\n\n\n<p>c) the service fee in the transactions that give rise to the ownership transfer debt made according to Article 35 of the Land Registry Law No. 2644, is collected by the land registry office during the transaction and as an additional cost of revolving capital determined for the transaction.(For 2019:  598.25 TL )<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">5 &#8211; Other issues that foreigners who want to acquire real estate in our country will pay attention to:<\/h4>\n\n\n\n<ul class=\"wp-block-list\"><li>On immovable property, mortgage, lien etc. matters such as whether there is a restriction or if there is any obstacle to the sale of the property should be checked by the relevant Land Registry Office.<\/li><li>In case of rejection of the application for real estate acquisition, an appeal application can be made to the Regional Directorate to which the land registry Directorate is affiliated.<\/li><li>It is recommended not to work with people or companies that are not known to be experts and reliable.<\/li><li>Foreigners are not required to have a residence permit in order to acquire real estate in Turkey.<\/li><li>In case of any dispute between the parties regarding the acquisition of real estate, the case should be transferred to the judicial authorities and the case should be filed in the courts of the Republic of Turkey.<\/li><\/ul>\n\n\n\n<h4 class=\"wp-block-heading\">6-real estate acquisition of foreign legal persons in Turkey:<\/h4>\n\n\n\n<p>35 of the Land Registry Act No. 2644. According to the article, real estate acquisition of foreign legal persons in Turkey (other than easement or right of use) is not actually possible.<\/p>\n\n\n\n<p>Commercial companies established in foreign countries, in current practice but special law provisions (Tourism Incentive Law No. 2634, industrial zones Law No. 4737, etc.) within the framework of easement or the right to use.<\/p>\n\n\n\n<p>In favor of these trading companies, the limitation does not apply in the immovable foreclosure facility.<\/p>\n\n\n\n<p>Legal persons other than foreign trade Companies (Foundation, Association\u2026) real estate can not be acquired and limited real rights can not be established in their favor.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">7-real estate acquisition of foreign capital companies in Turkey:<\/h4>\n\n\n\n<p>Real estate acquisition of foreign capital companies in Turkey, 2644 title deed Law No. 36. Article, 16\/08\/2012 dated \u201c2644 Land Registry Law No. 36 of Article of the law on real estate ownership of companies and subsidiaries and limited real Rights Acquisition Regulation\u201d and 2012\/13(1735) numbered circular was issued.<\/p>\n\n\n\n<p>Since these companies are established in Turkey and are traded on behalf of their legal entity, it is not considered to be the nationality of their partner or founder or the person who can personally acquire real estate in our country.  There are no restrictions on the acquisition of these companies.<\/p>\n\n\n\n<p>In this context, according to the foreign capital ratio and partnership structure of the company determined by the authorization documents to be obtained from the trade registry offices, transactions are directed by considering whether to follow the application procedure to the Provincial Planning and coordination Directorate of the governorship within the scope of the relevant regulation.<\/p>\n\n\n\n<p>In Turkey, it is useful to get help with a lawyer who works in the field of real estate law before buying a real estate. It is important to investigate the statement and other information contained on the immovable.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This article is intended to help foreign nationals who wish to acquire real estate in Turkey. 1.Legal basis: The title deed Law No. 2644 was amended by Law No. 6302, which came into force on 18 May 2012, 35. In accordance with the article, the reciprocity requirement for real persons of foreign nationality to acquire [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":77,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109],"tags":[111,115,116,117,118,110,114,112,113],"class_list":["post-76","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-real-estate-law","tag-buy-land-in-turkey-to-buy-a-house","tag-buy-real-estate-in-turkey-land-in-turkey-to-buy-a-lawyer-to-counsel","tag-lawyer-in-the-field-of-real-estate-in-turkey","tag-real-estate-lawyer-in-istanbul","tag-real-estate-lawyer-in-turkey","tag-the-acquisition-of-real-estate-in-turkey-in-turkey","tag-the-necessary-conditions-for-the-purchase-of-real-estate","tag-to-buy-a-company-in-turkey","tag-to-buy-a-farm-in-turkey-in-turkey"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/posts\/76","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/comments?post=76"}],"version-history":[{"count":1,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/posts\/76\/revisions"}],"predecessor-version":[{"id":78,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/posts\/76\/revisions\/78"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/media\/77"}],"wp:attachment":[{"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/media?parent=76"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/categories?post=76"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tevfikyildirim.av.tr\/en\/wp-json\/wp\/v2\/tags?post=76"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}