Property buying process in Turkey
The process of buying property in Turkey by foreign nationals.
According to Turkish laws and regulations in force, transfer of ownership of a property is only possible at the Land Registry Directorates (TAPU DAIRESI) by the location of the property. In the presence of an empowered interpreter buyer and seller will sing a disclaimer, that none of them has any claims towards each other, after which, the ownership will be transferred from seller to buyer by the authorities at the Land Registry Directorates (TAPU DAIRESI). Thereafter, the buyer (new owner) will be written on the cadastre book and given title deeds, which is called TAPU in Turkish.
If the property was not sold previously to anyone and the buyer is going to be the first owner of the property after it was build, then it is necessary to obtain permission from the relevant military authorities, which verify the location of the property within permitted zones. The other succeeding purchases do not require any military permission and will be done at the Land Registry Directorates (TAPU DAIRESI) as stated above.
Frequently asked questions: What is the title deeds (TAPU) and are there any restrictions to it?
- Tapu – title deed in turkeyPersons with foreign nationality can buy a maximum of 30 hectares of property in Turkey in total.
- Foreigners cannot acquire or rent property within military forbidden zones and security zones.
- Vacant Lands, as well as vacant lands in rural areas can be acquired by foreigners, provided that within 2 years foreigners should submit a construction project to relevant Ministries and administrations (Ministry of Tourism or Ministry of Agriculture, etc).
- TAPU – are a title deeds, which are given according to a cadastre book by the Land Registry Directorates.
- In Turkey the owner of the property could be an individual(s) and/or company(ies), who is shown in TAPU (Title deeds) as an owner of the property.
- Children under 18 could be owners of the property and written in TAPU.
- In Turkey foreigners own the land on which the property is built.
- Several people can share ownership of the property. Their shares could be divided equally or differently. All owners are written in TAPU (Title Deeds). Each owner of the property could at any time sell its share to a third party.
- There is no specified details of the property in TAPU (the flat/house number, or the plan, the size of the flat/house, etc), except the land details.
- There is no address of the property, except the cadastre number of the land, which indicates the location of the property.
- The property value is indicated in TAPU. It is usually lower than the selling value, as Turkish Property Transfer tax is paid according to the price of the relevant municipality calculation. The property value that is shown in TAPU cannot be less than the “Property Statement Value”, which is given by the relevant municipality.
- If TAPU is lost it can be renewed within one day.
Necessary Documents that should be provided to the Land Registry Directorate:
a) Title deeds of the property or information on village/district, block, building plot, detachment.
b) Passport (with its translation).
c) “Property Statement Value” to be provided by the relevant municipality.
d) Compulsory earthquake insurance policy for the buildings (house, office, etc.).
e) 1 photo of the seller, 2 photos of the buyer (photos should be taken within last 6 months, 6×4 size).
f) (If one of the parties cannot speak Turkish) certified interpreter and 2 witnesses.
g) (If the power of attorney is prepared abroad) The original or certified copy of the power of attorney and its approved translation.
Information on powers of attorney issued abroad:
– Powers of attorney are issued by the Turkish Embassies or Consulates.
– If the power of attorney is issued by a notary of a foreign country, the signature of the notary has to be verified by the relevant authority of the foreign country and then the signature and seal of the foreign authority have to be certified by the Turkish Consulate in that country.
- Turkish Property Transfer tax 4% is based on the declared value of the property, which is shown in title deeds (TAPU).
- State Fee to a local Land Registry Directorate (Maximum 87,25 x 2.5 TL for 2016).
- Service fee to a Land Registry Directorate, 407 for 2016
- Interpreter fee.
Right of succession
It is advised to prepare a will with a Turkish notary in order to simplify the heritage process by successors. If the deceased fails to make a will or otherwise fails to provide for the distribution of their property, the succession will take place in accordance with Turkish law through the court. Spouse keeps half of the property, the other half would be divided between children. If there are no living children and spouse, parents of the deceased are next in line of succession and etc. Turkish Government does not hold any right to seize the property of foreign nationals.
v This information is provided from the official website of the Land Registry Directorate http://www.tkgm.gov.tr/tr/icerik/yabancilarin-tasinmaz-edinim-rehberi