Legal aspects before you buy property in Turkey

Important legal aspects related to the process of buying property in Turkey, include choosing an independent real estate lawyer in Turkey, which guarantees peace of mind throughout the purchase process. However, there is a possibility that a lawyer who has close relationships with the seller will not be objective enough.

When buying property in a foreign country, a common question on one’s mind would be: do I need a lawyer to buy a property in Turkey?

Here is a set of important legal aspects related to buying real estate in Turkey along with how to benefit from an attorney’s advice.

Also Read: فرص الاستثمار في أنقرة للأجانب

Buying property in Turkey

Real estate in Turkey has gained international 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 forward to investing in Turkey.

Besides, 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, and one of these common doubts that afflicts every buyer is:

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

Here is a set of important legal aspects related to buying real estate in Turkey along with how to benefit from attorney’s advice.

Real estate in any country always operates according to the rules of the local state, and you must clearly understand them before making a decision to purchase a property, especially on foreign lands.

Getting the guidance of an individual real estate attorney helps greatly in making the process of buying a property in Turkey smooth and without obstacles.

Property law in Turkey

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

  • Land Registry Law

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

Land Registration Law.

  • Turkish Real Estate legislation

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

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

 

  • Turkish Civil Law

Article 633 stipulates an important standard that a foreigner must adhere to to register land and property in Turkey in his name.The registration aspect is very important, especially in cases where foreigners purchase a property in Turkey.

 

  • The absence of 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 contact a notary to transfer the name.

The assignment of the new title deed is taken care of by the notary, who takes over 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, an authorized property registry official handles the entire process.

This requires the following:

  • Both the seller of the property and the buyer are physically present at the time the property registry is entered.
  • In the event that the buyer is not able to appear in person, the legally authorized individual can complete the process on his behalf, provided that he is provided with a notarized document.
  • Once the property is successfully entered into the registry, the buyer is given a proof of ownership, in other words, a tile deed, which is called Tapu in Turkish.

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

  • 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 an individual real estate lawyer in Turkey.

In addition:

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

As a foreigner, you can purchase a maximum of 600 acres of land in Turkey, and this number may be subject to change over time and a property attorney will provide better legal assistance about the issue.

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

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