Important legal aspects before you buy a property in Turkey

القانونية المهمة قبل أن تشتري عقار في تركيا

Important legal aspects related to the process of buying a property in Turkey, Including choosing an independent real estate attorney in Turkey, which guarantees peace of mind throughout the purchase process, We believe that an attorney who has close relationships with the seller will not be objective enough.

When buying a property in a foreign company, The common question on one’s mind would be; Do I need a lawyer to buy a property in Turkey?

Here are some of the important legal aspects related to buying real estate in Turkey along with how to benefit from a lawyer’s advice.

Read also: Investment opportunities in Ankara for foreigners

Buying a property in Turkey

Real estate in Turkey has gained worldwide fame in the recent past, And foreigners who aspire to settle in a peaceful country with commercial importance and wonderful nature at the same time look to Turkey.

Beside that, Turkey’s regulations that allow foreigners to obtain Turkish citizenship by investment is another major reason for foreigners to show their interest in Turkish real estate and property.

However, Foreigners wishing to buy real estate in Turkey may have some basic questions in their minds, One of these common doubts affecting every buyer is:

Do I need a lawyer to buy a property in Turkey?

Here are some of the important legal aspects related to buying real estate in Turkey along with how to benefit from a lawyer’s advice.

Real estate in any country always operates according to local state rules, And you must understand them clearly before making a decision to buy a property, Especially on foreign lands.

Having the guidance of an individual real estate attorney greatly helps in making the process of buying a property in Turkey smooth.

Property Law in Turkey

Here are some of the legal aspects related to buying real estate in Turkey that everyone should know:

  • Land Registration Law

Regardless of the type of property purchased, Whether it is a residential property, commercial property, agricultural property or industrial property, The process of buying a property in Turkey is one of the matters that fall under Law No. 2644 of 2012.

This is also called the Land Registry Act.

  • Turkish real estate legislation

Real estate ownership in Turkey is applied according to the legal restrictions that fall under Article 35 of the Constitution of Turkey.

The rules vary according to the nationality of the buyer and the nature of the property purchased. You must understand the zoning schemes, nationality restrictions and your individual eligibility according to the law of Turkey.

 

  • Turkish Civil Code

Article 633 states an important standard that a foreigner must adhere to to register land and property in Turkey in his name. The recording aspect is critical, Especially in cases of foreigners buying a property in Turkey.

 

  • Not having a notary

Real estate in Turkey works differently when it comes to the notary process.

in general, In most European countries, Both the property owner and the potential buyer go to a notary to transfer the name.

The assignment of the new title deed is taken care of by the notary, Who handles the Transfer Deed to the Buyer. With this, the property registration is completed.

However, in Turkey, Real estate is not registered by a notary; Instead of that, An authorized official of the Property Registration Department handles the entire process.

This requires the following:

  • Both the seller of the property and the buyer are physically present during the time the property record is entered.
  • In the event that the buyer is unable to attend in person, The legally authorized individual can complete the process on his behalf, Provided that it is provided with a notarized deed.
  • Once the property has been successfully entered into the registry, Buyer is given proof of ownership, in other words, tile instrument, Which is called Tapu in Turkish.

As a foreign investor looking to buy a property in Turkey, You should be aware of the following limitations:

  • As a first step to buying a property in Turkey, You must verify your eligibility for the same with your home country. You can get this information from your embassy or from an individual real estate attorney in Turkey.

In addition:

  • You cannot buy property under the possession of the military or the government.

as a foreigner, You can buy a maximum of 600 acres of land in Turkey, This number may be subject to change over time and a property attorney will provide better legal assistance about the same.

We advise you to read also: How to open a bank account in Turkey for investment

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