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The Buying Process in Turkey

 

Citizens of countries who have a reciprocity agreement with Turkey can purchase a property.  This includes all countries within the EU. The only restriction is that the property cannot be on military designated land. The majority of properties in  Turkey is 'Freehold.'

 

Buying a property in Turkey does not need to be any more difficult than buying in the UK.  It is advisable to have an English speaking lawyer involved from the start.  Here are the steps involved:

 

1.   Reservation Fee

A reservation fee is taken normally £2000 or Euro 3000.  This takes the property off the market for a month and freezes the price of the property.

2.   Appoint an independent lawyer

3.   Power of Attorney to your lawyer

 

You can decide on how much power of attorney you would like to give your lawyer.  Some prefer to be in Turkey for the whole process, whereas others prefer their lawyers to complete all the transitions on their behalf.  Power of attorney can be given for:

  • signing the private purchase contract

  • opening a bank account

  • connecting to water, electric and phone

  • transferring title deeds into your name

Power of attorney is given at the Turkish Notary Public.  Passports are translated into Turkish and then the power of attorney document is made up.  As the power of attorney is in Turkish, there is always an official oath / sworn translator present to translate the power of attorney into English,

 

When clients are not present in Turkey to organise a power of attorney, the lawyer can send it by post.  Client will need to go with this document to a solicitor or notary in their country to sign it.  The power of attorney must be stamped at the Commonwealth office.  The power of attorney is then sent back to Turkey and is translated into Turkish at the Notary Public by an official oath / sworn translator.

4.   Title deed and building licence checks are made by your independent lawyer

 

The necessary check to be made are:

  • Title deed of plot is free of debts and other charges

  • Title deed of property is free of debts and other charges

  • The property is a freehold property and can be purchased by a foreigner

  • The current ownership of the property at the land registry

  • The builder has all the necessary planning permissions and building licences

5.   Private Purchase Contract (max'm 4 weeks from reservation)

 

If the title deeds are clear then your lawyer makes up a draft of the contract between the buyer and vendor / builder.  This contract mentions all the details of the property - including delivery date, technical specifications, payment terms, and any special adjustments to be made to the property.

 

The draft is made in both English and Turkish and is then sent to you.  If the terms and conditions are agreed, the lawyer will then confirm approval for signing the contract.  Any amendments can also be made until both parties are satisfied.

6.   Payment of the first instalment

 

If clients already have their own bank account in Turkey the first instalment can be paid from their own account to the vendor on the day of signing the contract.   If no Turkish account has been set up, the first instalment will be sent to your lawyer's client account (not to the builder direct).  The lawyer will arrange for it to be forwarded to the vendor on the day of signing.  All other stage payments can be made similarly.

7.   Military approval by the Turkish Government

 

Your lawyer will need to send details of the property purchase to the Turkish government military approval.  This is to check that the property is not located in a restricted zone for property.

 

The council of Ministers is authorised to determine specific zones to be preserved such as lands that have strategic importance in terms of agriculture, energy, history, mining, cultural, flora, fauna and national security.  Foreign nationals and foreign companies will not be able to purchase property in these preserved zones.

8.   Independent Surveyor (optional)

 

From the second payment until the last payment of the property are due, you have the option to hire an independent surveyor (cost Euro 150-300 for a full report on the property).

9.   Transfer of title deed (Tapu) 

 

Once military approval has been granted and the last payment of full amount has been paid to the vendor / builder, the title deed transfer takes place at the Property Registry Department.  Both the buyer (or legal representative with power of attorney) and the vendor needs to be present for exchanging of signatures and title deeds placed in your name........ Congratulations the property is yours!

 

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Buying Costs (about 5% of the property value)

  • Purchase tax ~3% of sale agreement price

  • Property tax ~ 0.5% of sale agreement price

  • Legal fees 1-1.25% of sale agreement price

  • Government tax ~ £100

  • Water & electricity connect fee ~ £250 Telephone: Connection fee £15 approx.

  • Notary charges ~ £100 - £250

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Taxation in Turkey

  • Income tax ranges fro 15% to 40%

  • Capital Gains Tax ranges between 15% - 40% - but property is exempt CGT if you own it for more than four years.

  • Real Estate Tax - annual payment of 0.1% of the value of the property

  • Corporation tax is 30%

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Estimated Property Running Costs in Turkey

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