Legal Procedures

Property Purchase and Legal Procedures
Private property purchase in Turkey is not a complicated process. Foreigners are allowed to buy land and property in Turkey -except at restricted military zones. The title deed (called “tapu” in Turkish) is the official document indicating your ownership of the property. Land Registry Office (which is a State Department) is the only authority to prepare the title deed under your name. The title deed may be transferred once checks have been made to ensure the property meets all necessary requirements.

Formalities

After you have decided to buy a property, you can move to the second step: Opening a bank account. Ofcourse BESTINVEST staff will be there for you to help.
The third step is giving “power of attorney” to our consultants. This document will enable the consultant to carry out all the formalities for the purchase. Power of attorney includes mainly authorization to buy/register the property in the name of the buyer, to obtain “completion report” for the property, official registration of water and electricity meters, insurance for the property, registration of property in the municipality department, payment of local taxes.
The property owner/developer and the buyer sign a “Sales Contract” before a Notary Public in most cases. This is an official document stating all the personal data of the seller and the buyer, details and the price of the property, payment conditions, date of the contract and special conditions if necessary.
An application is made to the Land Registry Office for starting procedures for military permission. This can take 2 to 12 weeks. BESTINVEST is able to carry out all paperwork also at this stage.

Once the permission from the military is given, the property owner/developer and the buyer (or their legal representatives) go to the Land Registry Office to transfer the title deed to buyer’s name.

Tapu

This is a legal documentation of the property ownership (Title Deed).

The Tapu must be requested at the local (Land Registry) Tapu Office. The application is possible both by the purchaser and the salesman. The Tapu has been always established in Turkish. The Tapu Office sends the application and the cadastral data to the competent military headquarters. This research can confiscate a couple months.

At positive recommendation of military headquarters, you need a photocopy of your passport, your mother’s and father’s names and 4 passport size photos. It is required to pay the purchase tax and earthquake insurance, after this the Tapu Office transfers the property to you as the new owner of the property on the land register, and they give immediately the Tapu in the land register which is signed on your name.
This page in the land register proves you as an owner of the property.

Expenses of Property Purchase in Turkey

Conveyance:

In contrast to most European countries, the entry in the property register in Turkey is not performed by a Notary Public, 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 authorise another person by giving a Power of Attorney at Notary Public. The delivery of the Title Deed of transfer does not require the intervention of a Notary Public in Turkey. After the entry and delivery the property register issues a proof of ownership, which is called ‘Tapu’.

Conveyance tax: 3,3% of the property value stated in the Tapu Office. This is paid at one of the State Banks at the time of conveyance.

Power of Attorney:

We advise our clients to give power of attorney to the Estate Agent or to the solicitor in order to facilitate the procedure; military checks, release of title deeds from the title deeds office and registration of the title deed at the notary office. Giving “Power of Attorney” process takes about two hours and needs to be witnessed at the notary office in Turkey. Our consultants will provide the necessary assistance.

Please note that giving power of attorney avoids you having to travel to Turkey several times within a matter of several weeks/months whilst your Turkey property purchasing process continues.

Please also note that giving us or a solicitor power of attorney does not give us or the solicitor any claim over your Turkey property, it will be your name and picture on the title deeds.

You may check below a sample of Power of Attorney;

To act on our/my behalf within the borders of IstanbulProvince, Istanbulcity towns, centers, villages, neighborhoods to purchase on our/my behalf, or any kind of real estate, regardless of whether such real estate is divided in shares or not and regardless of whether such real estate is under mortgage or not, under whatever consideration they deem fit; to purchase shares, independent divisions with condominium servitude or ownership in any real estate they find fit and to pay their consideration; to hear and accept declarations of definitive disposal addressed to us/me on our/my behalf at local title register offices or in the presence of title register officers and to sign such acceptance; to accept any declarations of donation to our/my behalf and to obtain joint or independent title deeds on our/my behalf; to sign our/my behalf promises to sell for real estates at the notary publics; to pay the taxes imposed on real estates or shares in real estates that we/I will acquire through purchase or donation; to represent us/me before fiscal tax offices, real estate tax offices, directorates of finance and other relevant public authorities; to draw up and sign and submit on our/my behalf any written applications, declarations, real estate tax returns, and other relevant documents, to pay the resulting taxes, to submit tax returns for value increase, to deposit security monies and to receive their refund, to receive refund of tax amounts paid in excess, to collect monies and valuables on our/my behalf, to raise objections against taxes, to reach reconciliation, to represent us/me before tax objection commissions, to accept the invalidity note under the agrarian reform act, to sign 1605 documents, to have mistakes relating to names and surnames corrected and to carry out all sorts of classification corrections, to make or give any statements or consents on our/my behalf title register offices, tax offices, and municipalities and to delegate the powers granted above to third parties and to revoke such powers.

PERMISSIONS:

They are authorized to apply Garrison Commander, Army Head Directorate, Security Offices, Head of National Real Estate, Local Government Offices, Governments, Municipalities and formal offices to take permission in our/my behalf to be a legal owner of the real estate that we/I will by in Turkey. They are authorized to sign permission documents and authorized to pay required permission charges, fees, taxes. If there is overpayment, they are also authorized to take possessions of refunds of charges, to receive receipts in our/my name, to take residence permit in my/our name.

MORTGAGE:

They are authorized establish a mortgage for the property where is in Turkey for our/my in favour of me/us and to defend my/our rights about the mortgage clauses, authorized to establish mortgages in any degree, authorized to install mortgages my/our in favour of me/us, authorized to follow all the required works about mortgage, authorized to register the mortgage to the registry offices and authorized to sign all of the documents about mortgage subject.

TO CANCEL MORTGAGE:

They are authorized to cancel all mortgages or some of them on the property where is in Turkey, registered in my/our name in favour of me/us , authorized to change its degrees or orders, authorized to sign all of the record documents, title documents and other documents for the cancellation and to receive amounts for the mortgage.

ELECTRICITY AND WATER SUBSCRIPTION:

They are authorized to connect electricity and water. They are entitled to apply to formal offices such as TEK, TEDAS, TEIDAS, TEIAS Institutions and municipality for these connections. They are entitled to arrange documents and sign them about the connections as my/our delegate. They are entitled to arrange electricity and water subscriptions, arrange subscriptions agreements, authorized to pay the deposits and take it back, can open the water and electricity for use and can pay all of the required taxes, fees and expenses about these connections and also they are entitled to receive the receipts in the name of me, authorized to connect water and electricity clocks, authorized to transfer electricity and water subscriptions in my/our name and authorized to record or subscriptions.

LAWYER AUTHORITIES:

They are authorized to represent me/us in the courts, tribunals, government authorities, offices and offices of the Turkish Republic in any capacity due to any or legal actions which are filed or to be filed in the future for and against me with regard to the subjects, to protect my rights, to bring actions in the courts, to follow-up all the legal proceedings, to file any kinds of declarations and petitions to the concerned authorities, to send and accept service of summons, to arbitrate and determine on the arbitrators, to provide the court with witnesses and expert witnesses, to object or to accept the ones brought by the other party, to issue written warnings, notices, and protests, to have inspections carried out to be present at the inspections, to object to the inspection reports, to ask for new inspections, to apply for cautionary judgments and attachments and to cancel them as well to follow up all the legal proceedings and necessary procurators before the courts, Supreme Court, Council of state, Bailiff, State Security Court and all other legal or official authorities, to ask for hearing or the correction of decree and to apply for retrial, to apply for recusation of judge and court staff, to file objections and complaints, to ask for the transfer of the case, to ask for the pursuance of the trial in our absence and to be present in the courts on my/our behalf to waive from legal action and appeal and to accept or reject waive from them, to send and to accept documents, to follow-up the case and to complete it, to sign the minutes, to files objections concerning them, they are also entitled to give any or all the powers mentioned above to the others.

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