I |
BUYING
A PROPERTY IN TURKEY |
Traditionally
British people have bought property mainly in European-Mediterranean
countries such as Spain , France , Italy and Cyprus
as well as famous US destinations like Florida . However,
these places have recently become extremely expensive
and saturated. Nowadays, the UK citizens have been
seeking other alternative overseas destinations.
If
you, as a UK citizen, prefer buying a property at
a very reasonable price which you can use yourself
for regular holidays and that you can also rent out
to get some income in a country where the summer is
nice and long, stretching from March to November,
and there are many tourism attractions, then Turkey
is the most appropriate destination for you.
In
2007, more than 23 million tourists visited Turkey
and more than 25 million tourists are expected to
visit Turkey in 2008. This figure is expected to double
within a few years. Moreover, future projects such
as creation of much more congress, golf, health tourism
centres, having held international sports events such
as Formula 1 races, international university Olympics-Universade
05/Izmir and UEFA Champions League Cup Final in 2005;
the fact that Turkey started full EU-membership negotiations
in October 2005 are all potential factors which will
contribute well to property market in Turkey.
Moreover,
the facts that;
-
The new mortgage
law and other relevant laws was enacted in 2007,
-
Housing supply
in Turkey currently lags behind the demand,
-
Average age
of houses in Turkey suggests that there is a strong
need for new developments,
-
The buildings
erected after the devastating earthquake in Izmit,
a city in the northwest of Turkey, in 1999 are
much more preferred by investors since those (newer)
buildings have to be pursuant to the earthquake-proof
standards which were launched after 1999,
-
Significant
number of buildings lack the required licenses,
suggest that house
prices are highly likely to be rocketed within few
years. Thus, there are big prospects for property
and construction related businesses.
1.1 |
Who
can buy a real estate in Turkey? |
| 1.1.1 |
Foreign
nationals (real persons) |
According
to the article 35 of Tittle Deeds Law, foreign
nationals (real persons) are able to acquire real
estate in Turkey on the conditions of being reciprocal
and complying with legal restrictions.
In
implementation of the reciprocity principle, it is
essential that real estate acquisition rights given
by a foreign country to its own citizens and to commercial
companies established in foreign countries according
to the laws of these countries are also given to the
citizens and commercial companies of the Republic
of Turkey.
In
this context, there exist reciprocity between the
United Kingdom and the Republic of Turkey regarding
real estate acquisition.
According to the
article 35 of Tittle Deeds Law, foreign commercial companies
having legal personality established in foreign countries
according to the laws of those countries are able
to acquire real estate in Turkey provided that they operate pursuant to the special
laws such as the Tourism Encouragement Law, the Petroleum
Law, the Industrial Zones Law etc.
But, foreign
legal entities other than the above mentioned commercial
companies, such as foreign charities, foreign foundations
and foreign societies, etc. cannot buy property in
Turkey.
| 1.1.3 |
Companies
established/participated by foreign nationals
(FDI Companies) |
Legal entities (companies) established or participated in Turkey by foreign investors can acquire real estate or limited rights in rem in Turkey in line with operational purposes set in company’s Articles of Association.
If these properties are acquired by another company established in Turkey by foreign investors or a Turkish company owning a property is acquired by foreign investors, same rule applies.
On the other hand, the acquisition of sites in military forbidden zones, security zones and strategic zones by legal entities (companies) established or participated in Turkey by foreign investors, is subject to consent of the Turkish General Staff or military authorities designated by General Staff. The acquisition of sites in special security zones is subject to consent of the governor of the province where the property is located. The provisions of Military Forbidden Zones and Security Zones Act No. 2565 are reserved.
1.2 |
Where
and what type of property can foreigners buy? |
Foreign nationals (real
persons) from countries with which there exist legal and de facto reciprocities in relation to
property purchase can buy properties in zones
covered by an Implementary Development Plan ("Uygulama Imar Plani" in Turkish) or a Local Development
Plan ("Mevzii Ýmar Plani" in Turkish) for use of residential or commercial purpose .
Foreign
nationals and foreign commercial companies are not
allowed to buy property in the military, strategic
and security zones of Turkey.
In addition,
the Council of Ministers is authorised to determine
specific zones to be preserved such as lands which
are strategically very important in terms of energy,
agriculture, mining, history, cultural values, biological
flora, and national security. Thus, foreign nationals
and foreign commercial companies will not be able
to buy property in those specially preserved zones.
In other
words, TAPU (Land Registry) offices are supposed to check whether
a property that is being purchased by a foreign national
is within one of those forbidden zones or not.
Upon your
application, the local TAPU office will do a search
on behalf of you whether the asset is in a forbidden
zone or not. If the information provided by military
authorities confirms that the real estate is outside
the military and security zones, then your application
is accepted.
Please
also note that military clearance may take a considerable
time and it may be worth checking at what stage the
procedure is. Thus, you are advised to gather the
contact information of the TAPU office you are using
so that you can call the authorities later.
The total area of all lands a foreign national (real person) can own in Turkey
cannot exceed 2.5 hectares (25,000 m2). Please note
that the Law allows the Council of Ministers to increase
this threshold to 30 hectares.
The maximum
size of all lands owned by foreign nationals (real persons) in
a town cannot exceed 10% of the total
area within the Implementary Development Plan ("Uygulama Imar Plani" in Turkish) and Local Development
Plan ("Mevzii Ýmar Plani" in Turkish) of a town. The Council of Ministers can set lower ratio (less than 10%) taking importance of infrastructure, economy, energy, environment, culture, agriculture and security of a town into consideration.
1.5 |
What is the legal framework for property ownership? |
The
Constitution, the relevant
provisions of the Civil Code, the Title Deeds Act,
the Foreign Direct Investment Law and the relevant
legislation form the legal framework which enables
foreign people or corporate entities to buy real estate
in Turkey.
1.6 |
Are Turkish citizens and foreigners treated
differently? |
According to the
legal framework mentioned above, both Turkish citizens
and foreign owners have equal property-ownership rights.
|