Buying
property in Turkey is not as complicated as you might imagine.
The procedure is often far simpler than in most other European
countries.
Foreigners may purchase freehold
land and property in Turkey in their own names provided that:
a) Their country has reciprocal agreements regarding
property puchase with Turkey.
b) The property is outside of military zones.
c ) Military investigation is finalised and they receive a clean
record for you. (you should not have any criminal record or have
a background of working for intelligence, or record for spying
etc.)
Military investigation conducted by Ministry of Defense can take
3-4 months however, usually you can make front payments to fix
the property and its price.
Please note the following important points:
- We do not recommend you to purchase property using
other methods like 99 year leasing; right of use contracts or
even worse buying the property and having it registered in a Turkish
citizen's name. It is important for you to know that 99 years
lease contracts are no longer authorised by notaries in Turkey.
- It is advised that funds transferred for the puchase should
be specifically identified for the purpose i.e. (for the purpose
of purchasing of the property with the given address and land
registry details)
- Turkey’s currency law states that importation of foreign
currency is free.
A- The Process of buying Real Estate in Turkey:
The process of buying is explained in the following:
Once you decide to buy a real estate property, as your estate
agent, we, Avatar International have to make the following checks
once again to be sure that there is no problem with the property
from buyer’s perspective:
A photocopy of the deed has to be taken to the Land Registry office
to check:
* Location: If the property is placed within
a Military Security Zone. (Land Registry offices hold the number
of parcels within the military zones in the area.)
* Any charges on property: If there are any charges
on the property. (All charges are filed in the Land Registry office.)
* Owner: The latest ownership status of the said
property. (If the seller is the real owner)
Depending on the type of property you want to purchase Avatar
International can help you to proceed with the following steps:
For Off-Plan sales:
* A non-refundable reservation fee of 1-2% is paid by
the buyer to take the property out of the market for up to 20
days.
* A private purchase contract is drawn up between
the buyer (you) and the owner/builder. The contract should contain
all details and conditions related to building specs, estimated
time plan for completion, the milestones and terms and conditions
for payment; buyer’s and seller’s responsibilities.
You will be expected to pay a deposit in an agreed time to activate
the contract. Two copies of contract are made so each party can
keep one. During this period, (while the property is kept reserved
for 20 days) as the buyer, you can get prepared by making financial
arrangements and checking-over the contract with your solicitor.
* Once the contract is signed by both parties
the property is considered as sold. This protects you as the buyer
from the owner. The owner after signing the contract can not put
the price up even if he receives a higher offer from a third party.
On the other hand, owner is also protected as the buyer will be
expected to make payments according to milestones during the building
process.
* After the contract is signed and the first
installment is paid, the process of applying to military clearance
begins. Foreigners are subject to receiving clearance from Ministry
of Defense to buy the specified property. This process can take
3-4 months.
The title cannot be transferred to a foreign purchaser before
the clearance is received.
* While outcome of the military clearance application
is being waited, construction continues and buyer makes his/her
payments at the completion of milestones. The completion of milestones
is inspected by us and status is reported with photos taken from
the site via internet to the owner.
* After both the Military clearance is received
and the construction of property is completed, we can have the
deed registered in your name.
To do this we will have to:
* Register you in the tax office and get a Turkish
Tax Number for you.
* Have the transfer of title made in the Land
Registry Office.
* Have you registered as new owners of the propertyin
the Municipality and prepare and submityour Real Estate Tax Statement.
* Have all utilities (electricity, water and
telephone bills) registered in your name after you take over the
property.
For Re-Sales:
* A deposit is paid to the seller to fix the property.
The amount of the deposit asked for re-sale properties varies
from seller to seller.
* After the deposit is paid, the process of applying
for military clearance begins. Foreigners are subject to receiving
clearance from Ministry of Defense to buy a property. This process
can take 3-4 months.
* The title cannot be transferred to a foreign
purchaser before the clearance is received.
* After the Military clearance is received, we
can have the title transferred in your name.
To do this we will have to:
* Register you in the tax office and get a Turkish
Tax Number for you.
* Have the transfer of title made in the Land
Registry Office
* Have you registered as new owners of the propertyin
the Municipality and prepare and submityour Real Estate Tax Statement.
* Have all utilities (electricity, water and
telephone bills) registered in your name after you take over the
property.
B- The Services which can be provided by us:
As explained above as your estate agent, we can help you as your
Power of Attorney from the beginning until the closing of your
buy without having you to travel to Turkey (if you choose to do
so.)
With the authorization you give us, we will be able to complete
all the legal work required by Land Registry Office for your application,
to follow-up the construction and check that the builder works
according to the contract, to pay all the taxes, to complete the
transfer the title in your name and to register all utilities
(electricity, water and telephone bills) in your name after you
take over the property.
List of some of the services we can provide to you is
given in the following:
1) Setting an appointment for you with the notary to
start the legal proceedings for you. At this time you will give
a Power of Attorney (PoA)
Documents needed for the preparation of PoA:
* Your passports,
** Your parent’s full names
*** Your contact numbers and address
**** 2 photos for each person who will be named
on deed
To issue a PoA (Power of Attorney) will cost you £90 max.
(£30 for the translator, £60 for the notary itself)
in Turkey. However, you may get this PoA document in your country
and send it to us to act on behalf of you. We provide the sample
letter to avoid any missing functions.
2) Help in opening a local bank account. For
all payments during the purchasing process and for your future
expenses we advice you to open a bank account. Most of the Turkish
Banks have internet banking services in English.
3) Getting a tax number from the local tax office.
You will be asked to give your tax number in Turkey while buying
or selling a real estate property in Turkey.
4) Follow-up of military clearance application.
5) Follow up of construction status for off-plan
buildings.
6) Getting the Title transfered at the Land Registry
Office.
7) Preparing your Real Estate tax statement after
the title transfer and having you registered as new owners at
the Municipality.
8) Having all utilities (electricity, water and
telephone bills) registered in your name after you take over the
property.
Costs incurred during the buying transaction:
* A 1.5% tax (stamp duty) has to be paid both by the
seller and the buyer during the transaction.
* Estate Agents comission is 3% of the purchase
value.
* Other costs 0.3% (Donation to education funds,
etc.)
* Property tax, paid annually to the local government
at the rate of 0.3 % of the declared value of the property. Revaluation
is conducted by the local government every five years.
* New properties are exempt from the annual property
tax for five years.
* Property may be sold to Turkish, or foreign
nationals without any restriction and the proceeds of the sale
can be converted to any currency and transferrable to any country
you have selected.
* Capital gains made from the sale of a property
is taxable. However, individuals do not have to pay capital gains,
provided that they have owned the property for more than 5 years.
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