Law relating to foreigners buying property in Turkey

Discussion in 'Turkey property' started by turkeyjane, Aug 21, 2011.

  1. turkeyjane

    turkeyjane New Member

    We bought our house over 7 years ago when there was a brief window in the law, allowing foreigners to buy property in villages in Turkey. Can anyone explain the rules now? We are ready to sell, and need to understand whether we can sell direct to a foreigner, or if that's no longer possible, if there is a legal work-around.
     
  2. Dave_Velasco

    Dave_Velasco New Member

    You can actually get more trustworthy answers if you ask your local government or a real estate firm in your area about it. But in most countries, they require foreigners to have at least 1 year or two residences or have been living on the place for years, or probably had a wife or husband or any one closely related before they can buy their OWN properties on their country.
     
  3. Veronica

    Veronica Administrator

    Total nonsense
     
  4. drayts

    drayts New Member

    Who can buy Property in Turkey?


    Foreign nationals

    Title Deeds Law article 35 states that foreign nationals can buy property in Turkey on the condition it is reciprocal and complies with legal restrictions.
    Turkey has a reciprocal agreement for the purchase of property and land with a number of countries. What this means is that individuals who live in countries where Turkish nationals can buy land can, in return, buy land and property in Turkey. These countries include: United Kingdom, Germany, Australia, Austria, Belgium, France, Holland, Ireland, Spain, Italy, Canada, Luxemburg, Norway and Greece.

    Foreign companies

    According to article 35 of the Title Deeds Law, commercial companies having legal personality in foreign countries in accordance with the laws of those countries can buy property in Turkey under condition that they adhere to its laws, for example, the Encouragement of Tourism Act, the Industrial Zones Act or the Oil Act.
    Foreign investors are subject to the same rights as domestic investors, and companies with foreign capital that establish in Turkey are considered in equal light to Turkish companies.
    However, foreign charities, foundations or societies cannot buy property in Turkey.

    Companies established by foreign investors

    Legal companies established in Turkey by foreign investors can buy property or limited rights in rem in Turkey as long as they adhere to the operational intentions in the company’s Article of Association.
    If the properties in question are then acquired by a Turkish company , or by foreign investors, the same rule applies.
    Buying commercial Turkish property in military restricted zones, security and strategic zones by foreign legal companies established in Turkey is subject to the consent of the Turkish General Staff or military authority designated by General Staff. Buying Turkish property in special security zones is subject to the consent of the governor of the specific province.
    Where and what type of property can foreigners buy?
    Foreign nationals from countries where there exist reciprocities in relation to property purchase can buy property in Turkey in zones under an Implementary Development Plan or a Local Development Plan for use as a residential or commercial property.

    Forbidden zones

    Foreign nationals and commercial companies cannot buy land or property in Turkeys military, strategic and security zones.
    The Council of Ministers may determine additional zones where building is prohibited for preservation purposes, for example, lands that are strategically important for energy, agricultural, mining, historical, cultural, biological or environmental reasons.
    The Land Registry Office (TAPU) will check whether a property that is desired for purchase by a foreign national is within one of these forbidden zones. If the military authorities confirm that the property is outside the security and military zones, your application will probably be processed.
    Military clearance can take a long time, so plan ahead and take the details of the TAPU office so you can check back and find out how the clearance is progressing.

    Size restriction

    The area of land that foreign nationals can own cannot exceed 2.5 hectares (25,000m²). However, this can be increased to 30 hectares with Cabinet approval.
    Foreign nationals wanting to buy property in Turkey’s built up areas should bear in mind that the maximum area they can purchase cannot exceed 10 percent of the total area within the town’s Implementary Development Plan and Local Development Plan. The Council of Ministers has the authority to set a lower ratio, dependent on the town’s infrastructure, economy, environment, agriculture and security.

    That is the legal framework for Turkey property ownership?

    Prospective buyers of property in Turkey should check out Turkey’s Constitution, the relevant provisions of the Civil Code, the Title Deeds Act, the Foreign Direct Investment Act and legislation that enables foreign nationals or corporate bodies to buy property in Turkey.



    List of countries, whose citizens can not own or buy property in Turkey



    Afghanistan

    United Arab Emirates

    Bangladesh

    Belarus - through setting up a company, costs around 2000-3000Euro

    Bulgaria

    Czech Republic

    Dominican Republic

    Ethiopia

    State of Eritrea - Asmara

    Ghana

    Haiti

    Iraq

    Kampuchea

    Qatar

    Congo

    Kuwait

    North Korea

    Cuba

    Laos

    Libya

    Macedonia

    The Maldives and Maldives Islands

    Mongolia

    Union of Myanmar – Burma

    Nepal

    Nigeria

    Oman

    Sierra

    Leone

    Somali

    St. Lucia

    Syria

    Saudi Arabia

    Tonga – The Tonga Islands

    Vietnam

    Yemen

    However with above in mind "List of countries, whose citizens can not own or buy property in Turkey"
    there is hopefully soon some changes being spoken about that restrictions on some middle east countries could be relaxed in early 2013
     
  5. ozsubasi

    ozsubasi New Member

    I think that what your question relates to is whether a foreigner will be able to buy your property because it is in a village. If you were able to obtain the clearance (commonly known as military checks) on your home then unless there has been a change to the maps which define the areas foreigners cannot buy in, then there shouldn't be a problem for a foreigner wishing to buy it now. However, a local agent should be able to help you check it out.
    You would also need to have a copy of the Iskan (habitation certificate) for the property and of course the tapu (title deed).
     
  6. Sunny Days

    Sunny Days Member

    Ditto to Ozsubasi's reply. You need a local agent to advise.

    As an aside, the list cited by Drayts for countries whose citizens cannot buy in Turkey, is currently under review by the Turkish Government. It is anticipated that the gates will be open to all nationalities to buy in Turkey at some point this year.
     
  7. danielo24

    danielo24 New Member

    Thanks for all the info, that's really helpful.
     
  8. patmore

    patmore New Member

    New laws and village houses

    It seems to me that the new laws relate only to foreigners who previously needed recipricosity and total amounts they can buy.

    We also bought our property just before the law changed which meant that if we wanted to sell, buyers now have to have a company and would only be buying land which hppens to have a very nice building on it.

    At that time I think that Turkey was beginning a large National Survey of all the country as many villages were not even on the maps. In addition, the Military were supposed to give maps of any areas that were strategic to them and not for sale to foreigners. I believe they were asked to do this in 3 months but, of course, this was not a feasible time scale. Turkey was also installing a new computerised sytem of mapping and planning zones.

    The survey process also seemed to include Turkish villagers changing their Tapus from 'Village Tapus to official Tapus. Needless to say, this was problematic as there were many 'discussions' between families as to who owned the land etc.

    I know our area has now been surveyed and we have a painted blue number on the wall of the property. (Hoping this means that the building is now registered on the land as its not on our existing Tapu).

    It is now down to the local Belediye to decide whether our area with other properties owned by Turks and Foreigners is within the 'Town Plan'. We were told '18 months', 2 years ago.............

    I understand that once the Military has provided the government with the maps then they will be filtered down to Tapu offices and the need to do Military checks will be removed as all will be on the local Tapu office System.

    All this is my interpretation only so please do not take as gospel and if anyone can refute or tell me if I am wrong, I would be grateful to them.

    If anyone knows any changes to the laws for foreigners owning in or outside Villages, ie outside a Municipality, without having a Turkish Limited company, I would be delighted to hear from them.

    I have heard rumours about a new law and '2/B' - has been mentioned but I am unable to find out what this is about. Although, it has been suggested this is to do with Village ownership by foreigners. Anyone know?
     
  9. ozsubasi

    ozsubasi New Member

  10. patmore

    patmore New Member

    Village Property laws

    Thats not correct. The law changed again about 2 years ago. Village property can be sold to foreigners or Turkish persons but they have to have a Turkish company. I have just found this out from solicitor calling the 'TEK' at the Tapu office.
     
  11. ytokgoz

    ytokgoz New Member

    the villages are always an issue, but you should not have a problem selling as in the worst case the buyer can open a limited company and register it on the companies name
     
  12. patmore

    patmore New Member

    Village prroperty

    Yes this is correct but a lot of buyers do not want a company and to pay accountants fees each month.

    I did here from an estate agent that the law changed again last November and now foreign buyers can buy in villages in their own name but cannot get that confirmed yet. anyone heard anything about this new change. I think its to do with the governemnt opening sales to many other countries without reciprical agreements.

    Anyone else know anything?
     
  13. TUNCAYLAWOFFICE

    TUNCAYLAWOFFICE New Member

    Hello,
    Foreigners are still not allowed to be owner in villages but incase you have "OZEL IMAR" for your land at that time foreigners are allowed to be owner. Ozel Imar is such a special building permit just only for your land. If you already have it than you can sell if not you can apply for this permit thorugh a map engineer.
     
  14. patmore

    patmore New Member

    Land with Tapu in foreigners name

    Hello, We bought when it was okay for foreigners to own land in a village. Just after we bought they changed the law. If we wanted to sell to a foreigner it had to be owned by a company. We have been told that the law is changing also but cannot find anything about this yet.

    The Tapu is for land only but in our name.

    Does anyone have any further update on this.
     
  15. medseA

    medseA http://www.turkish-property-world.com

    For those who have not yet heard the good news is that, in 2012 Turkey has abolished the reciprocity principle for foreigner property buyers.

    The lifting of the reciprocity protocol allows citizens of 189 countries to buy a property in Turkey with a passport and 4 photos.

    The law lift has already attracted many investors from Russia, Gulf countries and Turkic republics to Turkey’s real estate sector.
     
  16. H--T

    H--T New Member

    Hi all
    I was interested in buy an apartment in Turkey with a view of starting some business. It is good to know that options are open of almost every country. Is there any one who can guide would be very helpfull.

    Best Regards
     
  17. Deniz Pehlivan

    Deniz Pehlivan New Member

    No worries as long as you invest All doors are open in turkey.
     
  18. nmb

    nmb Well-Known Member

    There must be a good chance of negotiating good property investment deals in Turkey when you bear in mind the current political situation. If Turkey really does want to join the European Union then it will need to "toe the line" at some point.
     
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