Real Estate Investments of Foreigners in Turkey
This guide is intended to help our country to foreign nationals who wish to acquire immovable. However, this guidance does not replace the necessary professional consulting services.
1. Legal basis:
2644 Land Law with Law No. 6302 entered into force on 18 May 2012 in accordance with Article 35 different foreign nationality of natural persons in our country acquire real reciprocity has been removed condition.
In our country which nationals of real estate and limited real rights acquisition of that it was possible to Turkey Embassies / Consulates and recorder of deeds (Foreign Affairs Department) from and information can be obtained from the Land authorities.
Foreign real persons, subject to compliance with the legal restrictions, our country qualifications of all kinds in terms of real estate (Residential, Commercial, Land, Field) can be acquired.
Foreign real persons, they buy unstructured in real estate (Land, Field) project will develop two years, the Ministry of the relevant (Municipal, Provincial Directorate of Agriculture) must be submitted to the approval.
2. The form of contract:
According to the legislation in force in Turkey, will be signed on the transfer of immovable property Land Registry Office official certificate and registration is possible with.
Notary “promise of sale agreement” could be signed. But the notary signed “sales agreements” or sales contract with an external acquisition of immovable property is not possible.
3. Foreign legal restrictions on the acquisition of real property:
a) throughout the country, a foreign real person, maximum of 30 hectares can purchase real estate and limited real rights can learn.
b) to ban that remain outside the military and security zones of the immovable property to be asked by the Land Registry Office and the competent commander of the acquisition must be affirmative.
Military forbidden zones and security measurement studies ending 76 provinces (EXCLUDING some districts) , this procedure has been removed.
c) foreign real persons may acquire real estate and limited real rights of private property up to 10% subject to the county’s surface.
d ) natural persons in foreign countries with legal restrictions on trading companies having legal personality established in favor of establishing mortgage will be charged according to their own legislation.
e) acquired in contravention of the provisions of the Act; As it used contrary to the purpose of acquisition related ministries and administrations detected; provided that the referenced project to the Ministry within the period of time in buying or not projects are not carried out; immovable property is subject to the liquidation provisions.
4. The application and methodology:
Recipients of the “Visit our country, immovable and limited rights in rem which may be citizens of the country and Acquisition Terms” which are required to carry.
Reference:
the immovable Maliki or his authorized representative must make a preliminary application to the Land Registry Office.
(Preliminary applications before the lunch break usually involves taking a sequence number in the land registry office.)
Application conditions that lack at the front and the front case of the application file is kept in a position to complete.
Online application:
Citizens of the Republic of Turkey, ( the http://turkiye.gov.tr was ) or recorder of deeds ( https://randevu.tkgm.gov.tr/ ) can take the sequence number of the appointment system. Also ALO 181 line callers from abroad and our citizens 90312.593 99 00 can also take an appointment with numbered lines.
Required documents:
a) the title deed of immovable document or village / neighborhood, parcel, building, independent parts information,
b) identification card or passport (with the necessary translation),
c) the relevant municipality’s real estate “Real Estate Fair Value Document” the receipt,
d) for buildings (housing, offices … etc.) compulsory earthquake insurance policy,
e) The Seller 1, the receiver 2 photo (within the last 6 months, 6 × 4 cm).
f) certified interpreter if parties do not speak Turkish,
g) In case of operation with the power of attorney held abroad together with the original or a translated copy certified power of attorney.
Power of attorney issued abroad clicks features:
– or Consulate of the Republic of Turkey Amb held power of attorney.
– Foreign countries notarized country language in the relevant approved photo as includes the organized power of attorney, were accepted by the Hague Convention of 5 October 1961, French besides language of the country of certify “Apostille (Convention de La Haye du Octobre 1961)” the phrase in such documents if transport Turkish and translated by the power of attorney is also not sought the approval of the Turkish Consulate in that place.
– In addition, October 5th was not a party to the 1961 Hague Convention foreign countries notary of the relevant country language approved includes a photo of the organized power of attorney by the authority that AmAlArdAki affiliated to the notary’s signature, signature of the authority and stamp approved by the Turkish Consulate in that city.
The financial aspects of the transaction:
a) received from the relevant municipality “Real Estate Fair Value” of the sale price, but not less, land registration fees paid by both the buyer and seller. (492 numbered Charges deed fee rate is determined by the law is 2%.)
b) Local designated as revolving capital fee is paid. (Up to 128 x 2.5 TL 2019)
c) Land Registry Law No.2644 of the ownership of the service fee in a transaction that generates the transfer debt made according to Article 35, as the revolving capital costs determined for the operation and during operation make extra is charged by deed directorate. (for 2019: 598.25 TL)
5- All other matters will note that foreigners wishing to acquire immovable property in Turkey:
– on immovable property, mortgages, foreclosures, etc. Issues such as whether there is any impediment to the sale of immovable property or presence of a restriction should be checked from the relevant Land Registry Directorate.
– A refusal to acquire immovable application process can be done depends on where the appeal made to the Regional Directorate of Land Registry Directorate.
– Experts and it is not recommended to work with reliable companies or unknown persons.
– Having received the foreigner’s residence permit in order to acquire immovable property in Turkey it has not been called.
– in case of any dispute between the parties related to the acquisition of immovable property, the state must prosecute the Republic of Turkey in ettirilerek court referred to judicial authorities.
Foreign legal persons 6- property acquisition in Turkey:
2644 Land Law’s Article 35. According to real estate acquisition by foreign entities in Turkey (except the easement or use) is essentially impossible.
Foreign trading companies established in the country, but the current practice provisions of special laws (Tourism Incentive Law No. 2634, No. 4737 Law on Industrial Zones, etc.) are entitled to obtain the easement or use.
This limitation does not apply to trading companies in favor of establishing mortgage.
Foreign legal entities other than trading companies (Foundations, Associations …) can not acquire immovable property and limited real rights in their favor.
7- property acquisition by foreign capital companies in Turkey:
Foreign-owned companies real estate acquisition in Turkey, 2644 Article 36 of the Land Registry Law, 16/08/2012 dated “2644 No. Title Deed Law’s 36 th of the immovable property of the Company within the scope of the substance and associates and other real Regulation on the Rights Acquisition” and 2012/13 ( 1735) is arranged on our No. circular.
Because these companies do transactions on behalf of the legal entity is established in Turkey, nationality or status of partner or constituent in our country can not personally regardless of whether people can obtain real. Any restrictions on the acquisition of these companies are not concerned.
According to this context, the Trade Registry Office determined by the licenses to be obtained from the company’s foreign capital ratio and shareholder structure, relevant regulations within the scope of the Governorship Provincial Planning and Coordination Directorate of the application procedure is given direction to the process considering monitored and should not be followed.
