Buying Property In Turkey
The procedure for buying and selling a property in Turkey is considerably easier, faster and far simpler than most other countries.
The transaction does not require the services of a lawyer - however - we recommend all purchasers to instruct a lawyer for peace of mind and comfort.
As long as the property (real estate) to be purchased has been built within local regulations and approved by the planning authorities, it will have a registered title deed. This is referred to as a Tapu.
A Tapu is a government registered document that proves ownership of a particular piece of real estate. A property with a Tapu allows the owner to sell, mortgage, secure borrowing against and to Will the property.
The transfer of the property is made by the Land Registry Office of the relevant district. It is worth noting that a Tapu cannot be transferred to a new owner if there are liens or borrowings secured against it. These will be registered with the Tapu office and must be cleared before transferring the deed to a new owner. As a matter of course, we take a photo-copy of a new sale instruction's Tapu and check it with the authorities before listing the property for sale.
At the point of transferring the Tapu, both the vendor and purchaser (or person with Power of Attorney for either party) must attend the Land Registry Office to complete the sale witnessed by a government official.
Once you have found the property you want and acceptable terms have been agreed, the steps for a foreign national buying a property in Turkey are as follows:-
STEP 1
A contract is prepared that reflects the agreement between the vendor and the buyer. The document is then signed by both parties. This document is usually prepared by the purchaser’s lawyer.
STEP 2
According to the payment schedule in the agreement, the initial payment is then made. The payment schedule usually includes interim payments and a final balance paid on transference of the Tapu. In the case of a non Turkish national buying the property, the final transfer of the Tapu to their name may take up to 4 months.
STEP 3
Power of Attorney may be given to your Solicitor (or agent) to complete the property purchase in your name without you having to be present. The Power of Attorney should be limited; only permitting purchase of the given property and applying for water and electric services in your name to the property.
STEP 4
Application for military consent for the title deed transaction is made. This procedure is only applicable when a non Turkish national is purchasing real estate in Turkey. This ensures that the property is not within a military sensitive zone and the applicants are foreign nationals from a country that has reciprocal property purchase rights. It may take up to 4 months for consent to be granted.
STEP 5
Obtaining military consent and completion of the title deed transaction. Once the military consent has been received by the local Tapu office, the transaction can be completed. Both the vendor and the purchaser (or their respective representatives with Power of Attorney) must attend the Land Registration Office to sign documents legally transferring the Tapu. A new Tapu document is created and registered in your name.
See a Tapu
STEP 6
Payment of the Property Purchasing Tax. This is 3% of the 'declared' purchase price.
STEP 7
Electricity and water services accounts are tranferred into the new property owners names.
The Solicitors Role
The choice of solicitor you wish to appoint is yours. We will make a recommendation based on an ability to speak English, experience and reasonable fees charged. In order to appoint a Turkish solicitor to complete the purchase in your absence, Power of Attorney must be granted. This is done through a simple procedure at the local Notary Office.
Your appointed lawyer will do the following;
- Prepare the sales agreement document between the you and the vendor
- Check proof of ownership (Tapu) and identify any debts that may be registered against the property that must be settled by the vendor prior to the transfer of the Tapu
- Make thorough investigations at the local Land Registery Office to ensure there are no legal obstacles that prevents you successfully purchasing the property and the property has all necessary planning appovals
- Apply for military consent for the conveyance of the property to be transferred to your name(s)
- Obtain the title deed in the buyer’s name(s)
- Apply for electricity and water services connection in your name
- Communicate with you at each step of the way
Expenses of property purchase in Turkey
Funds required during inspection visit:
Holding deposit of £1,000 deductible from the purchase price of the property.
Costs and fees:
Purchase fees are typically 8% on top of the purchase price;
- Estate Agency Fee: 3% of the actual sales price of the property
- Property Tax: 3% of the declared value of the property
- Government searches: £100 approx.
- Translator & Notary Fee: £200 approx.
- Solicitor Fee: £450 approx.
Furnishing your new home
As a rule of thumb, budget approximately 5% of property purchase price for quality furnishings.
Ongoing expenses of property ownership in Turkey
- 0.3% annual Turkey property tax based on the declared value of the property.
- £80 annual council tax. This is usually paid in two installments (May and November).
- £250 annual property insurance (depending on size and location).
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