Internationaal Vastgoed Makelaar in België en Netherlands – RG SECONDHOMES

Selling property in Turkey

Second home in Turkey

Second home in Turkey second home in Turkey: Buying Process

Turkish law makes a distinction between two different types of ownership:

  • Movables (taşınabilir)
  • Real estate (taşınmaz gayrimenkul )

Property consists of land and buildings. Shares in a company that owns real estate is not considered as property but as chattel. On Turkish real estate transactions (real estate situated on Turkish territory) is Turkish law applies regardless of it Dutch or other foreigners involved in the transaction.

You may just as a foreigner to buy a second home in Turkey?

Not so long ago it was difficult if not impossible for a foreigner to buy property in Turkey. Recent legislative changes to non-Turkish citizens to buy property in Turkey; foreign investors are therefore treated as domestic investors when it comes to purchasing property on Turkish territory. You do not need to set up Turkish company to get Turkish property in your name and you therefore do not have the name of a Turkish national to buy property. Just as a Dutch private individual can buy property in Turkey.

Want to buy a foreigner a property in Turkey then there must be two conditions are met:

1) Turkey is based on the principle of reciprocity (reciprocity). This means that when Turkish citizens are allowed to purchase real estate in another country, the citizens of that country this may also in Turkey. Turks may purchase real estate in the Netherlands and Belgium. So Dutch and Belgians may also buy property in Turkey.

2) The property you want to buy can not be in a military zone. Since almost the entire Turkish coast (Aegean and Medium-lands sea coast) and defense areas designated here would actually be able to buy property anywhere. Fortunately, the coast is divided into different levels, which are less restrictive, allowing purchase of real estate on the coast is still possible. Near barracks, training areas, military airports, ports or Greek islands, however, it will still be forbidden to buy his property, but this is true in most cases also for the Turks themselves. Do you have any questions interested in a piece of land on the coast than to the seller / owner if he can sell the property to a foreigner. To this end, the owner / seller must explain to the municipality to questions, stating that the land / house with the permission of the military authorities can be sold to foreigners. As a foreigner you only need to submit a copy of your passport. An (international) certificate of good conduct is not necessary. Sign a contract and pay nothing for as long as this statement is not there.

You can also use the local public (Land) registers (tapu Sicily or tapu kaydι) checked whether the relevant real estate may be sold to foreigners. The Directorate of Public Registers must first wait for permission from higher (military) authorities before he can give a definite answer. Military approval process takes about 2 to 4 months. After the Director of the Public Registry green light given to the buyer and seller overwrite the property. In mid-2004 it was decided to decentralize the approval procedure over the entire coast. In principle a good idea, but in practice this resulted in problems, because nobody knew exactly who it was exactly entitled to consent to major delays in the proceedings as a result. Eventually it was decided to withdraw this decision again and give back the power to the military authorities in Izmir.

The Turkish tax number

Turkish property in order to be able to put your name to be-arrange a Turkish tax number (vergi numarasι). This applies to both residents and non-residents in Turkey. The tax number is also required to open a Turkish bank account. The song itself may be requested by the buyer but he can also leave that to an accounting firm or lawyer. Proof of identity when applying for a tax number is required.

Transfer of ownership

In Turkey, will transfer property (Gayrimenkul mold) made by means of a (simple) purchase / sale contract (Satis sözleşmesi). This does not necessarily have to be in writing, but it usually does. In the Netherlands, one can compare this Turkish agreement with the signing of the sale agreement. By signing a purchase agreement / contract (satιş sözleşmesi) by both buyer and seller there is transmission, but legally you so no owner, as long as your name is not registered in the Public Registers. An agreement binds both parties, but is not officially effective until the ownership change is not reflected in the Turkish land register (tapu Sicily or tapu kaydι). As long as the property is not transferred to your name in the Public Records may continue to a third party claim on the property. In Turkey we expect that if the buyer agrees to the sale price (satιş fiyatι) and the completion date the buyer in most cases will sign the purchase contract without asking and research beforehand. As a foreigner, do you require to do well in the conditions precedent (provisional) purchase contract

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