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.
DALGIC REALESTATE. 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.
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 DALGIC REALESTATE LTD.STI., 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.
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 Germany, 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.
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 (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 DALGIC REALESTATE in ANTALYA. 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.
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, 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.
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 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.
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 DALGIC REALESTATE. 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 15 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 two 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 Office in ANTALYA. 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
The main costs are as follows:
Agency commission the standard rate charged is 6% split between the buyer and seller. As the buyer you will be liable for 3% of the purchase price.
0,3% purchase tax (stamp duty).
Land registration approximately £120.
There may also be some small administration charges during the paperwork process.