PLEASE NOTE THERE IS A 3% ESTATE AGENCY FEE ON ALL PURCHASES. THIS IS 3% OF THE PURCHASE PRICE (unless stated otherwise)

Turkish Property Legislation
Property Registration and Delivery
Property reservation agreement
Property breakdown
Deposit
Documents
Bank accounts
Completion
Military searches
Payments



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 most European countries the buyer and seller go to a public notary to have the property put in the name of the new owner. The public notary is responsible for the correct settlement of this procedure. The public notary is also responsible for the delivery, which often takes place in the form of a ‘deed of transfer’ and the entry in the property register.

In contrast to this, 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 legally compulsory for both sides (the seller and the buyer) to be present at the entry. It is possible to authorise another person to do so but the authorisation requires a notaries deed. 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 foreigners 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.

Property reservation agreement
If you see the property you wish to purchase, at this stage an initial £2-3,000 deposit and the signing of a “property reservation agreement” form this will secure the price and remove the property from the market. This is to start things rolling and gives us clients personal details, property details and payment terms.

Property breakdown
At this time a “property breakdown” form will be given to the client. This will explain the costs of purchase and all the extra costs involved, including: taxes, power of attorney, lawyers fees, notary´s fees, land registary fees, wills, etc. Giving a total figure with no hidden extras.

Deposit
Also at this time we ask for a 10 % deposit of the sale price, on resale or new finished properties. Deposits on pre-constructed properties purchased will be subject to reservation deposit, followed by staged ppayments according to individual complex payment terms. Once a deposit is paid to the vendor, the property is taken off the market, the price agreed is fixed and will not alter.

For our client’s convienence, we will accept deposits paid to us to our client’s account in the U.K. This makes the transfer quicker and more economical. We can also take credit card payments to our client's account.

Documents
Documents required by us from the client to complete the purchase are as follows:

 A clear copy of the “long” passport (10 years) verified by the Turkish consulate in the U.K. (unless this is done the passport copy is not valid).

 12 passport photographs.

 We require the signature of the client on forms to allow us to make the electric contract, water contract, wills, etc.

Bank accounts
We will take our clients to the “Türkiye is Banksi” bank in Marmaris to open a current account. The transfers can be made direct from the U.K. banks and building societies to this bank, taking approximately 48 hours by “Swift International Transfer”. Also we will set up the payment of utilities (electric, water, community, rates, etc.) on the property purchased. If the client requires, a credit card can be arranged.

Completion
The client, having given power of attorney, allows us to complete the signing of the deeds in front of a “Public Notary” without having to wait for the client to come to Turkey again (plus, save them extra costs). Once the deeds are signed, we recieve the keys to the property and the client can occupy the property or do any necessary furnishing or alterations. The Notary sends the deeds to the “land registration office” for registration into the buyers name. This procedure takes about three months. The registered deeds are then returned to the notary, where the lawyer is informed and we advise the buyer to collect them from the lawyer when they next visit.

MILITARY SEARCHES
There may be a small charge for this depending on the area of purchase. (up to £500)

Payments
All payments to us will be paid to the builders or venders (resales) through our Turkish lawyer based in Marmaris, Turkey. He will make a “purchasing contract” when handing over the monies, and will be present at the Public Notary when signing the deeds.

All payments made to a builder of a new complex under constructionn will be covered by a money back Bank Guarantee, insuring that if the builder fails to complete, the payment made will be returned, plus the relavent interest for the time period incured.

The “provisional funds” must be paid at the same time as the final payment to for payment of the relavant taxes and contracts.

A rough idea of these are as follows:

Typical purchase price £69,000
Agent's fees 3% £2070
Transfer Tax £900
Notary Fees
Conveyancing
Land Registration Tax
Property Registration Tax £475
Electricity Contract £200
Lawyer’s Fees £1000
Power of Attorney £225
Military Searches
£500

TOTAL £74,370

FURNISHINGS AND AIRCONDITIONING UNITS ARE USUALLY EXTRA ON TOP OF THIS INITIAL PURCHASE PRICE. Please see individual properties for standard inclusions.


* Please note that purchase procedures may vary from region to region.