Transferring ownership of a house is, of course, complex. It gives rise to problems with legal questions about the status of the feature and the need for a number of administrative steps.
If done right - - Thus, it is certain that there will be a little time consuming and very detailed.
It is also a process that is likely to be very different in the process of buying a property in your own country. real estate agents, lawyers, notaries, etc: We are buying real estate More than ever the more this guide you in Turkey and not tell you is I want when an introduction to understanding some of the problems that arise to make a sensible conversation with a professional counselor is intended to be a do-it-yourself manual!
Is it possible to have a foreign property in Turkey?
Yes. However, Turkish law makes a distinction between a foreign person and a local person when it comes to owners. It does not matter from any part of the world that stranger comes. The same restrictions will apply.
Some areas in Turkey are expressed in military areas. A foreigner will not be allowed in his country, usually within a military zone (including a home, apartment, or other property built on this land).
The position is made more complicated because it is often not clear why a particular piece of land has been designated a military zone. These sometimes seem to be the most untrained and sometimes randomly placed, accepting the military importance of the site but are in places.
For many years, the process of formation of a piece of land within a military zone - and thus it would be possible to buy a foreigner - was time consuming. I would then have a certificate that verifies that such a region became land (or not) Army, had to make an application. It takes months.
Recently, the position has become much easier.
Horror stories and dangers
usually me in your own country, while another one is when buying property in Turkey, as long as it is done properly controlled by repeating start talking, there's no need to worry.
Unfortunately, in Turkey (and other foreign destinations) There are many people buy property with little or no legal or financial advice and producer are both very comfortable with the signing of legal documents on buying. If they go things that way, it can turn bad. Sometimes it's very bad.
You may notice that they have no material title, that it was built without planning permission - or, sometimes it doesn't even exist!
You can see that they are not just true to what is said by the seller or real estate agent.
Currently, the problems we come across most are:
Floor easement hood
The floor easement title - or floor easement title deed - is a temporary deed of a property in a project that is not fully completed. There is nothing wrong with itself floor easement deed . Once the development is complete, buy it into a new development but the time usually takes one, it needs to be upgraded into the full, permanent title ( property title deed
If you don't do this, you may find it becomes very difficult to sell goods.
This is still a much smaller problem than a few years ago. In a developer site, the building, let's say six 150m2 houses will get a fully valid building license. He will then build eight 200m2 houses. Needless to say, the building license will now apply. It would then be impossible to get a suitable title and right, to use these features.
This feature has been completed and it remains an issue even after we have checked it out.
Fortunately, there are two fairly simple solutions. The first property is to get you a survey of buying. This will confirm that its size and acceptance permit has been built in accordance. The second is to buy property mortgages, in some ways cheaper. If you do this, the bank will do the necessary checks at no extra cost to you and refuse the mortgage, if not in all order.
For many years, at a price well below the actual price paid for the property (selling the property to a new buyer) it has been a tradition in Turkey, stating that the title deed. There are two reasons for this. A main value is to save on paying tax, which is calculated on the deed at the deed. The second is, in some cases, a desire for privacy.
Either way, if the low declarations are illegal and the seller helps to reduce his tax liabilities in this way, create a mere artificial and taxable capital gain for yourself in just one instant. Unless you can find someone, in order, to declare them under the value paid when selling property, this can prove very expensive; Especially if you are a taxpayer in a country with a high capital gain tax rate.
Six statements are absurd and prohibited. This should be avoided. Fortunately, it happens less often.
No bad contracts or proper contracts
It is a problem, especially when purchasing a property under construction, but should also be avoided with the purchase of any property.
Some contracts offered to buyers are just bad contracts: they are unfair, incompatible with uncertain legal requirements, or all of them! None These contracts are (in terms of price payment, for example) to clear the seller's liability to the seller or your obligations, likely to cause problems later.
Fortunately, there is no simple solution to this problem again. You have checked your contract by your solicitor before signing.
If you have already bought a completed or already under construction property under construction, you may find that the problems arise with the fabric after delivery.
This is valid in every country and is a problem that cannot be completely eliminated. However, making a properly prepared contract (by providing the opportunity to examine the property before getting a mechanism to deal with any problems in delivery and post-delivery) and making sure to arrange an audit that will drastically reduce the likelihood of this event.
If you buy a second-hand (sale) property, the risks associated with the ownership status will usually (but not always) be your responsibility. You must therefore seriously think about having the property (checked) examined before signing a contract to purchase it.
If you are purchasing a new feature from a developer, the contract makes it clear that the house provides for the inspection before you pick it up, and it does clear the imperative of the developer to fix any issues that arise.
If other periods are specified, law enforcement is an obligation (such as a broken door imposed, but not over five years of imposition), such as the delivery of the house and any minor problems that occur within 20 years of history (such as sinking the basics or structural cracks on its walls). not involve issues (see our Guide to Buying a New Property in Turkey
Since there is a developer expense to troubleshoot problems, they can often be uneconomical as a case that is usually reluctant to do so and you often have to go to court to exercise your rights.
The main solution to these problems is, again, to make sure that any problems found before you check out to satisfy any problems found before you check in and check out the facility.
Someone who thought you bought the house?
While the contract may seem like I arrived, Garip stumbled upon the samples of the recipients that were shown and agreed to buy House A (say, a development unit 26), but in the same development, House B (say, the unit 50 was sold - a completely different development and even a feature) . This can cause mass problems, imagination, typo more often than evil but; The problem is not detected immediately, especially if it was bought, by the way, it was sold to someone else or at home if it really wanted.
The solution to this problem is to make sure that you determine the feature you think your lawyer is buying with reference to a map.
Your lawyer (you can access the map in the Land Registry Office Registry Office
Unpaid condominium (community) fees
This can cause a problem in two ways.
First, they may become your responsibility if the previous owner does not pay his condominium fees.
Making sure there is a problem with the management of the second apartments or condos, usually the owners do not need to pay the condominium fee. In this case, this is probably, to look elsewhere, it is better to buy real estate and learn before. A condo with unresolved problems will probably have no money to spend on maintenance etc. and so will tend to decay.
It is quite usual for developments to be financed by banks to the developer loans, as in many countries. There's nothing wrong with that. However, you need to make sure the amount is going - you only need to make sure that the contract is to deliver the property to you and clear that finance is the obligation that the developer is responsible for - and only importantly - the developer is unpaid when the property takes over (and it's enough to clear it). you have to pay financing.
Do not simply become one of the people who drifts buying a property without making checks.
It insists on obtaining appropriate, independent, legal advice for your own safety. someone whose job lies only to you: Independent legal advice is advice from a lawyer not affiliated with the seller.
a quantitative situation
all you hear 'horror story', the note safely buy hundreds or thousands of people in Turkey.
Currently (2017), the many parts of Turkey, this buyer's market. Property for sale There are many (though not as much as a few years ago) and relatively few buyers, especially foreign buyers. There are local exceptions to this rule. For example, there is great competition to purchase property in central Istanbul and there is a strong demand for property in reputable coastal destinations. But in most tourist areas, it has the luxury of not being able to choose a range of suitable features.
Such as the basement - - that time has now increased again to almost the same level as the winner anywhere in Turkey, the price of 2007/8, but in some places has reached heights fell back. Elsewhere, 2008 levels still remain well below prices. In some places, prices are far below that would take you to build the cost feature: direct costs, ignoring any profit. This feature is often a strong indicator that it's a bargain.
The latest situation of mortgages for the local Turkish people of humble vehicles they are willing to buy has produced a lot of demand for such properties - and this also has an impact on other parts of the chained price range.
Are you ready to buy a Turkish property?
Go look at the house, a house is not the first acquisition in Turkey should be the final phase of the exercise. Whether for your personal use or investment purposes - the real estate acquisition process should start with the complete preparation.
This will save time and money spent.
It is a good idea to talk to your lawyer (though it is quite rare) before you go to look at any property. This way, you will be able to calmly and openly take you to all the key issues (such as those listed below) before you take part in the purchase-related rush and pressure anywhere in the world.
If you can get yourself there are only certain steps to make sure you are ready to buy real estate in Turkey: the necessary paperwork and that they have (if you think the application position to finance) is likely to be accepted by a mortgage lender.
Why buy property?
Be honest with yourself. you and your spouse or partner Do you agree with the cause of the pass to spend much money to buy a house in Turkey? This can often lead to some marriage moments!
Is it for retirement or long-term relocation, a pure holiday home, as well as a holiday home intended to invest some money or pure?
In which area will it suit you well?
If this is an investment that is most likely to make money? For your own personal use, how easy will it be to get there?
Surprisingly, questions as simple as a dozen answers fit you to narrow down possible locations for a radius of 50km or less (and from all over the world!)
which type will be the best feature for you?
A villa is an apartment, a mansion or something else?
How will you pay for the feature?
Will you get a mortgage? If so, where and how much? What are you doing to protect against the risk of fluctuating exchange rates?
How will you handle the goods?
Do not you have to pay?
to be done by local friends and neighbors?
Or will you use a professional property management company?
If you are buying an investment property buying a summer house as it is, this question is almost relevant.
If you want to allow the property:
- Who are the target tenants?
- Who will manage the rental most?
- How much money will he make?
Who should be the legal owner of the property?
Here the right choice can save you a lot of money even on a holiday home. See below.
'Necessary care' is an important part of the process of answering these questions. However, it is extremely easy to jump over these points as you can struggle to feel a little complicated. This is a mistake.
Making the decisions you make will have a huge impact on the enjoyment of property and the amount of money outside of it.
This is your lawyer and / or really might be worth talking to someone who understands the real estate market in Turkey to explain your thoughts on these issues.
Who should be own property in Turkey?
Getting this question of property wrong is probably the most common and most expensive mistake people make when buying overseas real estate. There are many people who may have been legally owned or made, possibly, owners of company owners. good choice is often not clear.
I must make a wrong decision that can cost a lot of money and totally unnecessary fees and taxes both on his life and on his death. Ask a lawyer for advice. It will be time and money well spent.
In some cases, making the right choice can completely eliminate inheritance tax after the property pass after death and / or greatly reduce taxes on any income from its property over its lifetime.
Some local lawyers will not be able to help you make this decision as they mix an understanding of both Turkish and their legal, tax and heritage systems. In this case, there will probably be lawyers in your own country who will be able to help, working with Turkish lawyers.
What are the options like condominium?
There are many ways to buy a property in Turkey. Among them:
- only on behalf of
- Your name and your partner or other common buyer (s) of the name (s)
- Partially or completely in the name of your children or someone you want (in the end!)
- Via a Turkish firm
- Via a Trust
Each of these methods has its advantages and disadvantages. It will be good for you to be completely dependent on individual circumstances.
Obvious is not the choice . It means that there is always a good choice to put two of the names, not just because a husband and wife bought property . Your neighbors do not buy property in their common names
It is advisable to consult. It will almost certainly save money.
Is it the same process of buying a Turkish property at home?
No system in Turkey is likely to be very different from your own country.
Just as in their own country - in Turkey, you should be safe to buy property if you take some basic precautions. Just remember that this is a different country where we speak different languages and have a different legal system. If you are unfamiliar with one of them, you will definitely need appropriate legal advice.
Sometimes it's better to buy real estate in Turkey procedures (faster, cheaper, safer, easier) procedures may be longer than in your own country. Sometimes it can be bad. But it is always different.
This can be a bit confusing.
If you are comforted as much as you would, (say) a Turkish person who bought an apartment in Paris or New York would probably be astonished and anxious!
The main things to consider when buying property in Turkey
The most important thing to understand is the simple list of hazards that you should control. For different people and people who are buying for different types of goods or for different purposes, the dangers will be different and the necessary controls will be different. This need is part of your solicitor's job to solve questions that need to be answered in a particular case.
However, there are some dangers that occur in every country and every transaction. For example:
- Does the seller have good legal title and right to sell?
- Is there any property affected by debt?
- Is the building legally built?
- Willyou to use the feature for desirable purposes?
- Does the property suffer from any flaws?
- What did the seller and agent say about real property?
In addition, there are other problems usually need to be special attention in Turkey. Among them:
- Are you sure
- Is property built in an area where it is privately protected or where foreigners are not allowed to buy?
- If you are buying a 'demolition', will you be able to restore it?
- Are the property limits open?
- Is the current planning status of the property clear?
- Does the property have a habitation certificate, permitting its occupation as a dwelling?
- What is the price that will be declared in the title deed (tapu)? As we have already said, the price you declare as the price paid for the property should, legally speaking, be the full price paid. This is the value used to calculate all the taxesarising out of the transaction. Declaring any other value can lead to all sorts of problems, both locally and in the country where you live. Declaring any other value is also illegal.
- Are you aware of the rules of any condominium or Home Owners’ Association of which the property forms a part? These can be restrictive.
There will usually be other issues that arise in the special circumstances of any particular transaction.
All of these issues should be discussed with your lawyers, who should then be instructed to make the enquiries needed to protect your position.
What is the role of the estate agent/realtor?
Most buyers will use the services of a real estate agent (realtor) to help them find a property. Most estate agents in Turkey are honest and competent, but there are some who are not.
It is always a good idea to seek out a personal recommendation about estate agents from friends or family who have been through the process, or even from your lawyer.
At the very least, make sure that your estate agent is registered with the Turkish Chamber of Agents. At the moment, there is no legal obligation to be professionally qualified before operating as an estate agent in Turkey, or for the agency to be licenced. Licensing may come shortly.
Like many of us - many features are reported through several different agents - even more concerned about the feature on sale than it is about the agent selling it, you can still choose to deal with the 'good' agent. One that is suggested. Someone who speaks language. Someone who has experience with your nationals.
You can meet real estate agents offering the sale of property in Turkey in their own country. Legally entitled to work as a real estate agent in their own country, they have to offer property for sale in Turkey is legal as far as Turks are concerned. However , such agents must (and do most) work through registered Turkish real estate firms that come to the conclusion of that negotiation or transaction. So if they come to Turkey to look at the facility, it will be dealing with a real estate agent experienced in the sale of property in Turkey.
Turkey real estate agents in your country from those who can work in different ways.
For example, do not run a multiple listing service (MLS). As a result, it is necessary to wander from the office of another real estate agent to find everything on the proposal.
Alternatively, many parts of Turkey, you can select the item you want to work and they sell through all the other real estate agents in your area for information on the features and wanted to sell them will liaise on your behalf with other agents in the region to show both properties. They will negotiate an arrangement so they will receive a portion of the fee to the other agent due to the exchange of introducing property. You, yourself, should not have to pay any fees to provide this service unless you specifically agree to it in writing.
Turkey is probably the agents agents will be different in your country, which is another way to publish very little information about the properties they are selling. With outsourcing sales to foreigners, you can find more details in places, rather than in other areas, but even then the information tends to be somewhat limited. There will be a picture. You will be said that the property has the number of rooms, the number of square meters of the property and the approximate location. the rest is discovered by inspection.
You are unlikely to find any relevant information about the property or the premises within the apartment, which can be part of floor plans, measurements of individual rooms or real estate agent's promotional materials.
Is there other sources of property in Turkey?
Yes. There are a growing number of ways in which you can find your new home in Turkey.
Following the recession of the late 2000s, many banks have repossessed properties to sell. Prices can be low. Such properties sound attractive, especially if the bank will grant you a mortgage to help buy the property, which they might be more inclined to do if – by selling the property – they are solving a problem.
However, remember that many of the properties are in undesirable locations and that many will have been neglected pending repossession. Finding a property through a bank can also be more time-consuming than when you’re using an estate agent as the estate agent will be able to help you filter the large number of areas and properties down to a few that you might really want to buy.
In fact, whilst some banks take care of the sale of these properties themselves, most put them in the hands of local estate agents. Even if you are interested in a repossessed property, you are probably better off sourcing one via an estate agent.
A few private individuals sell their property themselves: advertising on the internet, by signs on the property and (sometimes) in specialist press. These people will, almost always, be Turkish. As a result, unless you speak Turkish, you may find dealing with them difficult. It is also, always, time consuming.
Finally, some features are sold by auction. the features offered by auction are those sold on the instructions of the Court. Once again, the idea of buying a property at the auction can be superficially attractive but - as long as there are lots of fluent Turkish-speaking and tenders features and lots of regular outlooks - this approach is usually a good idea for a foreign buyer. You may end up participating in a lot of auctions where there is no successful bidder. If you are paying someone to do this for you, you can get expensive!
view features visits
For the real estate agent or an employee of the real estate agent, it is common to accompany you when you visit the property. You can find them to be very reluctant to provide you with the exact information of the feature, to give you the vendor's information, until you have signed a document confirming that they have entered it, or to have them very reluctant to exist. Whatever your reason for this requirement, the real reason is to protect their commission!
Always visit the property at least twice - preferably at different times of the day - before placing an offer to purchase property.
Do you really need a lawyer to buy a property in Turkey?
Speaking fluent Turkish and Turkey in the Turkish legal system and buying and selling feature both understand, I probably do not need a lawyer. Many Turkish people want to use one.
However, it is essential to use a lawyer for most foreigners.
You may be able to convince you that the real estate agent selling your property has the skills to do all this work on your behalf, and that you save money. Do not listen. And this, in most cases, is not your client, the seller of the property - Remember the real estate agent who would have paid if I bought the property.
Speaking the same language, especially for foreigners: When it comes to finding a good lawyer, they ideally seek advice from people living in the area.
If you do not know anyone, you can find recommendations on the country's consulate in Turkey website. Such lawyers will often be experienced in dealing with people from your country and are most likely to speak your language well.
Be very careful before using the services of their lawyer's own lawyer. they are real estate agent bro? Are you looking for the interests of the agent that provides interest or entire affairs in these ads?
Your nationality, preferably foreign - - buying property in Turkey speaks your language and find yourself a comfortable working experience with someone else to deal with foreigners.
Of course, we will usually be happy to help pretending to you!
Always make sure to accept a fee with your lawyer, in advance.
For basic service, this will will be an all-inclusive 1% of the price of the property, typical plus any direct expenses (subject to a minimum of € 1.200) that they accrue on your behalf.
Is it necessary to organize a survey / audit when buying a Turkish property?
He can do quite a lot to himself. Having a look at the facility in a slow and methodical way and checking for some basics that could result in a feature rejection without the need for an official survey.
However, if the property passes the first test - the property is examined, it makes sense - if you buy a property (USA: inspection). A questionnaire is strongly recommended, especially when it comes to older or unusual features or extended or modified features.
Just as it would be expensive to be returned back home again or re-wire a house roof in Turkey!
Research, especially among Turkish buyers still it is not common in Turkey. These will invest in a survey for high-value properties, but usually not for the more modest ones.
Surveys are conducted by licensed experts. These are inexpensive: maybe TRY500-TRY1,000 (€ 121- € 242 / US $ 138 US $ 276 / £ 107- £ 214) for a modest home.
It is noteworthy that one can be the main walls and services (and often we do), one of which is quite collectively owned by all the owners in the block than the individual apartment, conducting a survey can also be complicated (and expensive), and only part of the survey is almost in the absence of a report about the rest of the building where it can be meaningless.
Your local expert or lawyer will be able to tell whether a questionnaire will be realistic or useful in your case.
Structural research can usually take between seven and ten days. Time and cost vary.
Note that there may be cheaper alternatives to full structural surveys. These involve a surveyor or other skilled person inspecting the property (but not pulling up carpets, removing kitchen appliances etc.) and producing a general report as to the property’s condition. These tend to be about half of the cost of the structural survey. However, they offer less reassurance and come with fewer guarantees.
It is also possible to get some of the benefits of a survey – but not a full structural survey – by having a builder look at the property. This is usually particularly relevant if you are thinking of doing extensive repairs or alterations to the property. If you’re going to virtually rebuild it, you may not care too much about its current state and care rather more about the cost of doing the work necessary to achieve what you want to achieve. Such an opinion by a builder is likely to be free if he thinks he’s going to obtain a sizeable job because of it.
Strangely, surveys are relatively uncommon in the case of locals buying local property. As a result, it can – especially in a seller’s market – be difficult to persuade the seller to wait a couple of weeks for you to get a survey before you sign some form of contract. Often, in reality, the pressure is coming from the agent (who wants to secure their commission) rather than from the seller! However, in today’s buyer’s market, this is less of a problem.
Where possible, if you want a survey the best way is to persuade the seller to take the property off the market for a few days to allow the survey to take place and for you then, very rapidly, to sign a Reservation or Preliminary Purchase contract.
If the seller does not do this, it is legally possible to negotiate a specific item in your contract that you have allowed to sign a contract there and then but after you have received a satisfactory survey result. However, many sellers are reluctant to do so because of their complexity by stating that there is a 'satisfactory report' (meaning that the contract should continue) and what a satisfactory report (which gives you the right to cancel your contract).
Notary (What is the role of the Notary ) Turkish buying property?
Wills and related heritage and important documents, including any kind of authentication - Notary plays a big role in a lot of legal proceedings in Turkey. See our Guide for Notaries in Turkey .
However, in Turkey (unlike many European countries), the notary plays an important role in the purchase of real estate sales process.
(Look up to you to make it fully applicable) or a witness production and property in Turkey we are in a process of treatment, most likely with the participation of Notaries will be preparing a preliminary Purchasing Agreement Attorney .
It is important to bear in mind that the notary public does not give you legal advice or to support your interests at the expense of the other party. They are more than a referee, to make sure the process follows properly than a lawyer acting on your behalf.
The notary usually knows nothing about the law in your own country. Therefore, the Notary Public does not replace its own independent legal advice.
owners in Turkey / condominiums Communities
whether permanent or holiday home or for your own use to buy a property in Turkey Many people share in common is a development that will select the plants. This classic example is access roads, gardens, parking areas etc. but there is a block of flats that can be in the development of a resort consisting of separate houses that share the use of equal pools, tennis courts and reception area.
If you do this, you will be buying into a development that is a 'community of owners'. of the continent across Europe have created a community that provides regular management of apartment blocks or groups of houses with a common and legal structures used in Turkey, there is. This is established with a document called the Management Plan.
If your house or apartment shares facilities with other owners, there must – by law – be a community of owners. Every block of apartments, by definition, shares facilities, because you will find that you are the owner of the internal part of your apartment but that the outside walls, the roof, the foundations and all the communal areas such as stairways and lifts will be shared with the other owners.
When you buy into a community of owners you buy not only your own house or apartment but also an undivided share of those common facilities. An undivided share is a share which is not physically apportioned to you.
In other words, you do not own (say) a piece of land representing 1% of the parking area but you and your fellow owners collectively own 100% of the parking area.
If the owners purchase a property that is part of a community, there are several consequences:
- It will have a share in public areas.
- The size of your share will generally be proportional to the size of your home or house, relative to the total size of all apartments or houses these days. If there is a 100m2 apartment and your neighbor has a 200m2 apartment in a block of 1,000m2, in other words, 10% of the common areas will be owned and your neighbor will have 20%.
- In some older developments, you may find the shared areas shared equally among all owners within the share complex. In other words, if there are 100 owners, the common areas will be 1% on each hold.
- You will be responsible for paying your proportion of the expenses of maintaining those common areas. These can be done, for example, the cost of electricity used for corridors, the costs of cleaning, the cost of gardening, renovation of common areas, and the cost of repairing the roof, the outer walls and foundations. Your share will be commensurate with your Sharing in the community.
- You will be responsible for paying your proportion of the costs of managing the following community.
- It will have the right to take part in the management of these common areas. A committee of owners will often be appointed to coordinate this activity in all but the smallest complexes, and this committee is likely to employ specialist management company services that will take care of things on a daily basis for a day. The owners, who will have the right to attend the Committee and at what point will have the right to raise all the issues concerning you and voting, are elected annually by the general assembly.
- residents also elect the president. The president may have a number of duties under the constitutional conditions of society. The president must be the address of the public in general.
- If you do not pay the amounts they are responsible for, the community has a fast-track court procedure which you can reclaim and the incoming amounts due - if the payment still fails - a process exists to sell goods to seize them and save money. To do this, they are allowed to go directly to the Enforcement Court, instead of having to start a lawsuit against you to prove the debt instead. You will also have to pay 5% interest on the extraordinary amount of payment per month .
- You will have to abide by the rules of conduct agreed by the community. You should be given a copy of these rules and of the constitution of the community when you buy your property. These are important documents as they govern your rights within the community and your day-to-day conduct. Do not ignore the rules. They can cover everything from whether you’re allowed to have pets, to whether you can use your property for businesspurposes, to the frequency with which you must mow your lawn. If you fail to comply with the rules, the community can take enforcement action against you, in the worst case obtaining a court order to ban you from doing what you’re doing – and if you fail to comply with that, your property could be sold by the court!
This all may sound rather draconian, but some such rules and arrangements are needed if a group of apartments or houses is not to fall into disrepair and so that life is not extremely noisy and chaotic. This is particularly true in the case of holiday properties.
Most owners do not have any real problems in complying with their obligations but many do find that the community can become a bit of a den of intrigue in which there is a lot of petty politics.
Incidentally, even if you are a tenant you will also have to obey the rules of the community in which you live.
It is important that you check the rules before you buy or rent. It would be unfortunate if you moved into a new home only to find that you were not allowed to keep pets or – in extreme cases – your children.
It is also important to make sure that there are no outstanding community debts for your property and to check whether the community has approved, or is discussing, any major items of expenditure.
Items that have already been approved should be the financial responsibility of the old owner, but if the community is discussing, but has not yet formally approved, (for example) the complete renovation of the swimming pool, this could cost each owner quite a lot of money.
Cooperatives in Turkey
The concept of a cooperative is, in some ways, similar to the concept of a community of owners but, in a cooperative, you and your fellow owners own the entire property between you in undivided shares. In other words, you do not have a separate legal title to your own apartment and then a shared interest in the community’s facilities. You have, say, 1% ownership of the entire building.
Under the rules of the cooperative you will still be entitled to the exclusive use of your apartment, but the legal structure is different.
Cooperatives have long been a feature of property in Turkey. They were originally invented to allow groups of people to get together, buy some land and build some houses as a shared project. They’re now much less used as the more recent community of owners’ arrangements are generally better and more efficient.
State aid for improvements to the Turkish feature
There is no state aid for improving property in Turkey.
Preliminary contracts to buy property in Turkey
Once you have found a feature that you would like to buy, you will almost certainly be asked to sign some sort of Booking Agreement or a preliminary / Promissory Purchase Agreement.
However, in 2017, the market is (again) part of the buyer's market. In this order you will be put under some pressure to sign some kind of preliminary contract immediately, but as a result, you should not be in any hurry to do so. It is better to get checked by your lawyer before signing to you. This can normally be done very quickly.
Why sign a preliminary contract?
Having there, there will be some situations where there is a great demand right away, and there may be some situations when you may want it well, at least to fix it by signing a reservation agreement. There are no reasons in principle that shouldn't be it.
The reason for this is that people want to sign that some form of pre-contract reduces uncertainty; and uncertainty is almost always equal to danger. If there is only verbal agreement from the sale, both parties can change their thoughts and then to prove and do something about it, the best has been considered difficult (but often impossible).
From the point of view of the realtor's attorney, it also helps collect his commission!
However, not forgetting that it is absolutely not necessary to sign any form of Pre-Purchase Agreement, but it is almost universal practice to do this, especially in tourist areas.
types of pre-contracts
There are three main types of precontracts you may encounter and two possible alternatives to them.
Each of them has its own advantages and disadvantages. These are important. They must know what they are before making the real estate located in Turkey.
estate agency agreement in Turkey
This certainly does not speak of a preliminary contract regarding property purchase, but here it is only for the sake of its worth. This is a single agreement between you and the real estate agent.
In most cases, only this agent will have an assumption that this feature has introduced you. It is really more of his interests than yours, as the property is listed in several real estate agents offices, especially as he was designed to protect the commission he could earn from selling property.
Real estate agent's contract is an agreement that an agent accepts to pay a fee to help find a second kind of property. This is rare.
It is not uncommon to have these agreements controlled by your lawyers, though there is nothing to stop you from doing so.
Turkish Reservation Agreement / Reservation Contracts
also not professionally qualified real estate agencies in Turkey to produce them themselves this simple initial contract, are very common.
This contract takes goods from the market for a short time.
This should include some more details of the buyer and seller, the description of the property will be sold, the price The contract to be bought from the market to complete questions and sign an appropriate purchase, and for how long the agreed contract.
During this period, your lawyer will take a short time (usually two to four weeks) from the market during the box - make your own checks to make sure that it is safe to buy a relatively small amount of payment house (typical of € 1,000 here, as many features are priced in euros here).
If it is safe, then sign a more comprehensive preliminary or Promissory Purchase Contract to purchase real estate, or even sign the Sales formal Deed directly: in the title deed . See below for these options.
If the lawyer finds any problems and you do not want to continue, stop the process.
If you just don't continue to buy because of the change that will almost always change your mind, you will lose the deposit you have paid. To save this payment you will, theoretically, have a legal issue with the feature that you will have if you do not continue. The problem is obviously the responsibility of the seller, and sometimes it can be difficult to do so as long as it is clear.
You should understand that a Booking Agreement does not grant you any rights over the property. At best, this means if you do not go before the transaction - you will have the right to return your money. You will not be able to take action to force the seller to sell the goods to you. Signing this contract does not mean that signing is without any merit, but this limited use is unnecessary. However, intent is a clear (if symbolic) expression.
Once again, this contract really carries you as much benefit as the real estate agent. If there is any problem with the seller then, his commission amount to a minimum of 1,000 €!
Front / Shares Purchase Agreement in Turkey
A Pre-Purchase Agreement or Promissory Purchase Agreement is a real contract between you and the seller under the seller agrees to sell you goods, and I agree to purchase. Theoretically, it creates a binding obligation for both parties.
Until recently, this was used great. Now their use is very rare. and these costs money - it is clear that if they have been notary public these contracts are only really to be applicable by both parties.
According to the Turkish Law, the contract written to the order for the purchase of a property must be Notary ( Notary ). It only has the right to refund the paid money back to the position - Otherwise, the contract is considered as showing the debt-receivable relationship between the single parties.
A notary Bond Purchase Outcome (NPCC) may be strictly mandatory. Both parties may be forced to honor their words. Any penalties agreed in the contract can be applied. The seller may have to sell property to you and may have to buy from the seller.
The cost of a notary Bond Purchase Contract is not cheap. The combination of Stamp Duty and Notary fee will generally be 1.5% of the property's price. In addition, when finally signing in, the Deed (Official deed of Sales) will have to pay the usual property transfer tax (4%) and the Office of Title. See below for details.
Private (non-notary) contracts
If a notary Emre sign a written Purchase Contract but instead, either a notary notary Preliminary Purchase Contract or sign sign nothing and Title (if you do not go directly to the title deed ) Office and Sales (signing an Act deed , will not have) Pay 1.5% of this - but once you log in, the Property Transfer Tax and Title Office will have to pay a fee at the Title Title Office.
Which to choose?
If you have a session it will be upper and lower, ie notary otherwise, but the contract will be stronger and legally enforceable will pay more fees and taxes.
Any pre-contractual signing (whether notarized or not) is reversible, although no penalty stated in the contract will be applicable unless you go to work, you still get a deposit back, if you go back to work, it is still the basis for some kind of lawsuit in terms of misuse and contact without your own fault. It is reassuring to know that, like this is the paid deposit of the contract, typically 10% of the property price has at least some protection.
This notary issue - or lack thereof - is especially important if the contract provides a long-term payment plan for the property: a property is paid in installments during construction, for example.
After all, it probably makes sense for many people:
- To cast just such a scope Reservation Agreement will pay a small deposit of € 1,000 if you are a notary signing a written Purchase Order with Contractif. You can proceed directly to the signing in the title deed .
- If you are going to anticipate to sign a Notary Pre-Purchase Contract without a minimum of Sales (if there will be a significant delay before signing a Act, pay a larger deposit, or deed ),
- If it is likely that by paying a lot of money (especially in installments when purchasing a propertyunder construction) it will likely be an appropriate sign, the notary participating fees and taxes, by paying Emre's Purchase Agreement.
pre-contract alternatives in Turkey
Buying the land immediately
If you are buying the dirty plan property (still under construction) and the developer will accept it, you can now purchase land (and get him the full legal title) and then pay the developer for the construction feature in installments as business developments.
This gives you much more protection. As the owner of the land, the studies on it will benefit. However, if several developers do not pay, they have already handed the deed of the land, which will accept the reason and have a very weak negotiation position.
Buy An Offer ( Quote )
Buy An Offer is sometimes used instead of the Emre Purchase Contract.
Usually when these offer conditions are subject or where this price or payment method is so different is sought by the seller.
This is an official written offer to purchase real estate.
Your lawyer or at least an experienced real estate agent should ideally prepare it. This of course makes it necessary to protect you. There are lots of possible protective provisions: For example, an item saying the contract will be canceled if you do not receive a mortgage offer within a certain number of days; or poll shows feature defects; or if the seller does not produce sufficient evidence of ownership and legal title.
Buy Buyer must accept your offer and this period will include a closing date.
If it does not do so, the proposal will automatically ignore and the document now has any legal effect.
Buy Offers large commercial contracts are rarely used except in Turkey.
What type of arrangement should I choose when buying a Turkish property?
What type of document you are asked to sign, it is a good idea to seek help from your lawyer and hire a lawyer to take a look at it before signing.
Do you have a cool down time?
There are some countries where the law gives a period of grace, while the buyer can cancel the purchase contract without having to give any reason without doing it and facing any penalty. Any money already paid should be returned after.
Turkey is not you sign a legally binding contract so soon, one of these countries.
It is especially important to sign a contract only if:
- I really want to buy the property
- It is really necessary to sign a contract
It is also important that the contract is signed in the correct type - and a single, which is prepared to reflect the proper conditions and especially the purchasing ones.
What if you pull out of the deal?
This depends on the type of contract you have signed. See above.
What happens when the seller uncovers?
Unless you signed a notary Emre written Purchase Agreement, you will not be able to force the seller to sell your land and transfer your legal title. The best deposit you will qualify for is a return.
What happens if I don't want to sign any of these deals?
You can proceed directly to the signature of the final Deed of Sale ( based on the verbal agreement to purchase the title deed simply). - Then purchase and sale of property by signing a formal contract at the same time you complete the transfer of its ownership of the land - at the Land Registry. This is, of course, the means of separating not with money until you have the opportunity to obtain all legal rights on the property.
If you are going to do this, it is important that you and the seller have accepted all the relevant details so that you and the seller really do not get into a discussion when the deed is getting ready ( title deed ).
Buying a home in this way can save you a lot of money from notary fees and taxes, but leaves you exposed too; As a seller, you can change your mind or move goalposts at any point. You can decide not to sell at all or sometimes try to get into a higher price payment on the actual day of the proposed signing and handover.
None of them do it without a notary Emre Purchase Contract, I can prove it to be a very expensive savings!
What private vendor or developer buys directly?
Some people buy property directly from the private seller or developer, without a realtor intervention. It is still necessary to take the same measures and sign the same contract.
In our experience, buying directly from the private seller is almost always more complicated than buying through a real estate agent. Even ignoring language problems - the most private vendors are Turkish - which often poses problems for our customers, which whole process tends to be more problematic.
- vendors rarely fully understand the process.
- Houses are often sold privately because there are problems associated with them.
- Mostly they are sold this way after they fail to sell through an agent.
- These are often overpriced.
The situation is not safe to buy some important developers, it is worth reminding that for some other reason, it will sell or sell the goods that are built on the run. It is sometimes by the calculated attempt to sell a property with surveillance and problems sometimes.
If you are buying directly from a private vendor or developer, it is absolutely necessary to use good lawyer services.
the legal process of buying a property in Turkey
There are many stages in the process. It is probably worth summarizing them.
Preliminary / Promissory Purchase Contract ( Sales Promise )
If you decide to sign a PPC, your attorney will at least do the following checks, then do so:
- The person selling a check is to make sure that he has a registered official owner; and that property is free from debts or other burdens (eg road rights over property) can negatively affect you
- A check that the description of what you are buying matches the description to the title book. In the case of second-hand properties, it is for ordinary property illegal or undocumented changes or extensions have existed
- To establish the current planning status for a planning query feature. Ideally, this would show that (in the case of a sales property) a building permit for property or construction (in the case of a new property) is a settlement document that authorizes the occupation of the property as a dwelling.
- Checks on the proposed contractof sale will cover all the necessary points to make sure its conditions are fair and protect you
- It is necessary, it will be offered appropriate checking, guaranteessecuring completion of the construction of the property
There may be other controls required in the special conditions of your transaction. Your lawyer will need these with you.
Research in Turkey
As mentioned earlier, people are buying property in Turkey surveys are rare - but that does not make them a bad idea.
If the property has been studied, at least you will know:
- I thought that property was buying you actually
- licencethat has been built what fits the building was built
- A sales feature will have an idea of the ownership status.
This is also a mortgage, in principle, it will be time to get a confirmation. See our Guide to Mortgages in Turkey .
Possible material changes
If you want to make ownership changes, this will likely be the time to check if the authorities agree to them (for example, to put them in a swimming pool).
If you want to use a specific purpose feature (as a bar or office, for example) you should check that this will be allowed.
All times steps have been taken in your case property, your lawyer should produce a written report that reveals their findings, general observations and ideas about whether they think they are - to proceed with the safe - Opinion from a legal perspective.
Preliminary / Promissory Purchase Contract Signature
If everything is ok and you decide to go on to buy, then you will often sign some kind of Preliminary Purchase Contract or Promissory Purchase Contract by committing yourself to the purchase.
He will then pay part of the price, which is understood as a deposit. Typically, when it comes to a sales feature, it is 10% of the price. For property acquired (yet built) out-of-plan deposits (usually 30% of its price) usually follows the series of stage payments as building business developments. Triggers for these payments will be specified in the contract.
After you have signed some kind of Preliminary Agreement
Whether you decide to sign some sort of pre-contract or cast this step, and the Sales Final Contract (continue to sign directly deed ), your lawyer will have to take several steps on your behalf.
Power of attorney
In many cases, it will prepare a Power of Attorney Sales / Land (someone authorization to sign the final contract in Turkey deed for you). This will be necessary if you do not want to be unable to deal with yourself to get Turkey or formality.
Power of Attorney signed or in Turkey or in their own country. Currently in the country it would be cheaper to do it in Turkey. Sometimes making a special trip to Turkey for this purpose is very cheap so worth it!
Attorney people usually have to open a bank account at the same time and / or to obtain other necessary documents to buy property in Turkey, you will need to apply for a tax number for you.
If you are getting a mortgage in Turkey, but you may need a lawyer power of attorney to act with debt.
If you need to give a number of attorney powers, two or more people will be required for each buyer of the Attorney separate Power, although they should remember whether or not they are purchasing, all will be done in a single document.
If the property is getting a mortgage to pay for help, or need to be personally present to sign the deed or give someone power of attorney can log in to your special power. Most banks now accept the completion of such contracts through the Ordinary Power of Attorney. At best, they will insist that the Power is crafted according to their template. Some will insist that you are physically present. If the bank will be to accept the power of attorney signed by you and your attorney need to prepare acceptable form Power of Attorney.
bringing money to Turkey
While this is happening, the deed will make arrangements with you and your lawyer bank to be ready on any mortgage financing day . To do this, you will need to testify a mortgage bill.
Then you need to arrange for the rest of the money will be transferred to Turkey. It is usually necessary to take out or you (using a power of attorney), leaving lawyers in Turkey are to be paid into their bank account. Note that you only need to transfer the price balance as well as the fees and taxes required for the entire payment plus little difference to the unexpected deal. Your solicitor will give you a calculation of the amount that will need to be transferred.
Whatever this sum is, it is a good idea to add some extra to allow exchange rate and unexpected fluctuations. We suggest 1-2% of the total to be sent. If this money is not required, it remains in your bank account and will be offered payment bills, furniture, etc.
Make the transfer via an expert exchange (FX) company, instead of the usual bank. This is likely to make you a lot of money. See our FX Guide and carry of money in Turkey .
Before you sign the Sales Formal Deed ( deed )
After signing the preliminary contract, your lawyer will have to act with your seller and real estate agent. When everything is ready for the Deed (they will arrange the Deed Office ) Sales / Deed ( deed to prepare for the signing of the agreement ).
For the repetition, the title deed is the document that transfers you the legal ownership of the property. It can be expressed in English in different ways: Sales Deed, Deed, Sales etc. Formal Contract none of these are absolutely correct. It is deed !
Deed obligation, to be prepared by law and signed in front of the officer in charge The Deed Office is sometimes referred to as Deed (again slightly wrong). The Land Registry Office has to perform various tasks to prepare for this. When everyone is ready to continue, the deed is signed.
While doing this, the amount of your lawyer will be getting the approval from the declared municipality that the proposed title deed is at least the minimum they value the property as value.
Your lawyer will also obtain compulsory earthquake insurance (TCIP) from the government for around TRY500 (US $ 130 / £ 100 / € 110).
Deed Office requires official proof of identity and other personal details along with relevant details of the property. Then will prepare land seller and buyer sign the document.
The final preparation for a signature these days is all a very slippery process in the deed . Your lawyer will make an appointment to sign the online Land Registry will be able to sign and usually that day or the next day.
He will pay Property Transfer Tax due, before he immediately signing the title deed using a private ATM, the Deed Office ... and that's it.
The only real delay comes to you if you want to get a mortgage (you can add three or four weeks for the process) (or the process will add a few weeks) or if you need a military clearance.
When everything is ready in the land registry office, your lawyer will get the deed by saying an SMS , giving a payment code ready for signature and a time setting for signing.
By signing the Sales Forms Document ( title deed )
As already stated, this is signed by each of the vendors and by each of their new owners, either personally or by people who have Lawyers on their behalf. Also, as previously mentioned, it may not be able to get a mortgage in Turkey by signing a power of attorney.
If your signing is to join in person, the Deed (an interesting thing to do and at what time the Lawyer in his country may cost less than a power preparation price) Unless you speak Turkish fluently, a translator will also be required. In this case, the officer (in Turkish) will be taken to a special room where you will read the title document and will be taken where it will be translated for you (by your interpreter).
After you or the lawyer signed, you can collect your finished copy of title deed ownership — your proof - about five minutes later.
Registration of the title
TAKBİS - - This whole process is then registered in the Black Registry's computer system and forms the legal basis of your property acquisition request.
System is one of the great joy of the Turkish Land Registry Office you sign the Deed Sales, where
This is a big deal faster and a little more secure arrangements in many countries, including a signature first, after the separate registration of the title in the Notary Land Registry office.
How long does this all take?
The whole process typically takes 12-16 weeks (in the case of no mortgage sales feature), although this may differ, the Sale sees the property to sign the final contract.
If you are going to buy a mortgage, this will usually take a month. If military leave is required, allow an extra four to six weeks. In the case of a feature under construction, the build speed usually determines its speed, typically 18 months.
What are the fees and expenses while a property in Turkey?
The sum of fees and expenses varies between 6.5-10.5% of the price paid for the property. See the table below.
It is the largest component of the Property Transfer Tax has paid the Government of Turkey. The Deed Office Lawyer will tell you the exact amount required.
The lawyer will want to make money into his bank account to pay this tax! They will usually arrange this (using the Power of Attorney you gave them) by withdrawing the address money sent to the Turkish bank account or by obtaining it to transfer money directly to their bank account.
The total size of the total bill depends on several factors. The most important feature is its price.
In the event you are getting out of a mortgage (usually about 1% of the loan amount) there will be additional fees.
|Attorney fees||1% of the real estate price (minimum € 1,200) + VAT (18%)|
|Lawyer direct expenses||change|
|Notary fees - Power of Attorney||TRY800|
|Property Transfer Tax||4% * of real estate price (usually 2% paid by the seller and 2% by buyer, but in some cases, the seller will ask the buyer to pay all or vice versa)|
|Military cleaning, if necessary||TRY600|
|Deed Office / Executive costs||TRY200-TRY300|
Note: This is because the temporary discount given by the government to help the real estate market was 3% by the end of September 2017.
app you've purchased a property in Turkey do as soon as possible
As the new owner of a property in Turkey, there are several steps that you should take:
- Tell your local town hall where you have purchased your home. As part of this purchasing process, it should have been automatic, but it is a good idea to contact them. This grant, which we receive from the state every year, depends on the number of people living in the region (local and foreign) who live in the region because it is very important for the town hall where it is registered as an owner. Spending schools, roads, garbage collection by signing up will give them just a little more money
- If your home is part of a community of owners, introduce yourself to the president and the manager of the community. Once again, they should have been automatically informed of the purchase, but manners are to present them to yourself, and for some reason the notification did not come, it would be useful. You will need to make arrangements to pay community fees. In some cases, it is paid monthly, in others it is paid for a yearly wholesale.
- If you own new property, arrange for water, electricity and telephone and arrange for future invoices to be sent to you - utilities companies.
- Insurance your property. Your solicitor or real estate agent should recommend a suitable insurance company. See our Home Insurance in Turkey Guide for more details.
- Finally when he bought the house with nothing to do, this is a good time to make a Will related assets in Turkey. See our Guide to Wills in Turkey .
We know all these sounds a little complicated - and it is. But, in reality, it's probably more complicated than buying a house in your own country now. It just seems because the process is different and unfamiliar with it.