Buying Process
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Buying Process in Turkey
Buying a property in Turkey can be a quite simple process, so long as you know what you are doing. By working with us we can endeavor 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.
CAGDAS PROPERTIES offer 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 staffs are fluent in English and will be glad to help you. Thus, please do not hesitate to contact us either via email or telephone or in person for any kind of additional information you might need.
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Who Can Buy?
Most foreign nationals can buy property in Turkey providing;
- That there is a reciprocal agreement between Turkish Government and the government of the purchaser. This agreement does exist between Turkey and U.K, 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 notarized agreement, have no chance of recovering their property in the event of a dispute.
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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 general but essential 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).
As the following is general information only, we encourage you to consult an expert or visit our company; Cagdas Properties in Bodrum. By doing so, you can avoid the possibility of making mistakes and suffering disappointments. The procedure of buying property in Turkey can be complex matter therefore a knowledgeable, professional service is essential.
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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.
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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 authorize another person to do so. As a security measure, it is also advisable to authorize 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 title deed is registered on the buyer’s name and his/her name will appear of “Tapu” which means the proof of freehold ownership. 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 center 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 the 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.
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Costs
The main costs are as follow;
- Legal Notary office - £90 (approx)
- Sworn translator - £20 (approx)
- Photographs - £10 (approx)
- 0,3% of the sale price- purchase tax (stamp duty)
- Land Registration(including maps –approximately £450)
- Earthquake insurance – (compulsory on taking the title deed) - £35 (approx)
- There may also be some small administration charges during the paperwork process.
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Inspection Trip
We offer 3 days Inspection trip.
- Free transfer from the airport
- 4/5 star Hotel reservation for 3 days (B&B)
- 2 days for Viewing Cagdas Properties and getting to know Bodrum amenities, beaches etc.
- Last day for getting legal advice and sign the contract if you decide to buy a property.
If you decide to buy a property during your inspection trip you are supposed to put a deposit to your favorite property. You will be entitled to a full refund of your travel costs which are 3 days accommodation at the hotel we reserve and tickets fees for two persons.
If you want to join an inspection trip please in fill the form below and one of our representatives will call you.
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Inspection Trip Request