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Real estate law in Turkey is a significant field within the Turkish legal system, and it covers issues such as the purchase, sale, and transfer of immovable properties. Real estate law in Turkey also includes the transfer of immovable property through inheritance, mortgage transactions, lease agreements, examination of land registry records, and land registry cancellation processes. There are many laws and regulations in this field, and different legal procedures are applied for each transaction. In Turkey, real estate law is an area managed by the General Directorate of Land Registry and Cadastre, which is responsible for maintaining land registry records and ensuring the transfer of immovable properties to their rightful owners.
The Civil Code defines the subject matter of real estate property as follows:
” The subject matter of real estate property includes the following:
Land, independent and permanent rights recorded on a separate page in the land registry, independent units registered in the condominium registry.”
Unless there is a separate provision in other laws, anything considered as immovable property according to the Civil Code is also subject to immovable property provisions in other laws. Real estate lawin Turkey is, in its simplest definition, the branch of law that regulates all rights arising from immovable properties.
The Turkish Civil Code; B. Acquisition of Real Property I. Registration Article 705
Acquisition of real property is done through registration. In cases of inheritance, court decisions, compulsory execution, occupation, expropriation, and other cases prescribed by law, ownership is acquired before registration. However, the ability of the owner to carry out transactions in these cases is dependent on the registration of ownership in the land registry.
Real estate law is a broad field that requires expertise. In fact, real estate law encompasses many subfields, each of which may be subject to separate regulations under Turkish law. The most commonly encountered transactions in real estate law in Turkey are listed below:
Turkish Real estate law covers a wide range of issues related to real property, including its construction, purchase, sale, and lease. In Turkey, due to the significant role of the real estate sector in economic growth, real estate law in Turkey has become increasingly important.
There are many different types of cases related to real estate, and it is essential to seek the assistance of a specialized lawyer in cases that may affect the ownership of real property. Even a minor procedural mistake can lead to the loss of property. The most common cases encountered in practice include:
In Turkey, real estate buying and selling transactions are quite common and subject to many regulations under the scope of real estate law in Turkey. It is important to carry out these transactions correctly to protect the rights of the parties involved and to anticipate possible issues by determining solutions in advance. Here are some things to consider when purchasing property in Turkey.
Purchasing property in Turkey and selling transactions are carried out in accordance with the provisions set out in the Turkish Civil Code and the Land Registry Regulation. The first step answer of “how can i buy property in Turkey” is the buyer applying to the land registry office.
The buyer requests an legal examination of title deed the relevant property’s land registry record and the determination of the title deed owner. After the examination of the property’s land registry record, the buyer and the seller sign a contract that includes information about the property, the sale price, payment method, delivery date, taxes, and expenses.
At the contract stage, the parties must agree, especially on the sale price and payment method. After signing the contract, the buyer pays the sale price as specified in the contract to the seller. After the payment, the seller delivers the property, and the title deed is issued in the name of the buyer.
In summary, the most important considerations when purchasing property in Turkey are determining the property owner, examining the title deed document and the land registry record, identifying any restrictive annotations or declarations on the property, signing a sale contract between the buyer and the seller, and completing the sale transaction officially at the land registry office after payment.
According to real estate law in Turkey, acquisition of real estate ownership can be achieved through two main ways: acquisition by possession or acquisition by registration.
The Civil Code generally requires registration for the acquisition of real estate ownership in Turkey. The registration must be based on a valid reason for the ownership to be acquired. Examples of cases where ownership can be acquired before registration include inheritance, court orders, and forced execution, among others, as provided for by law. However, registration is generally the essential requirement for the acquisition of real estate ownership.
Registration is an administrative act of the land registry officer, and it only ensures ownership acquisition when all other essential elements of acquisition are present. Otherwise, it would be an unlawful registration. Sales made outside of the law do not carry any legal weight, and contracts aimed at transferring property ownership must be officially arranged to be valid. The formalization of real estate transfer aims to protect the parties from hasty decisions and to ensure reliability and confidence in the land registry.
Owning real estate comes with many rights and benefits. The most fundamental right of a real estate owner is the right to dispose of the property they own. This right to dispose includes the authority to carry out various transactions, such as selling, leasing, mortgaging, transferring, or donating the property. The concept of rights and benefits in real estate can be considered as any kind of action that the owner can take on the property.
In addition, the real estate owner has the right to obtain permission for any kind of structural changes or renovations that can be made on the property. This right also includes the right to be compensated for any damages resulting from the renovation or changes made.
Furthermore, the real estate owner has the right to benefit from the income of the property in addition to their rights on the property. These incomes can come from different sources, such as renting or selling the property.
The rights of property owners are not unlimited. The owner of real estate has an obligation to use the property in accordance with its general use. This obligation includes factors such as protecting the property against environmental factors and taking precautions in case of potential danger.
In addition to the technical registration institution for real rights, the Civil Code has accepted the possibility of limiting the disposal power of certain personal rights and placing temporary registration annotations. According to Article 1009 of the Civil Code, rights arising from contracts such as construction in exchange for land share, promise of sale of immovable property, lease, purchase, pre-emption, and right of repurchase, as well as other rights expressly provided for in the laws where they can be annotated, can be annotated in the land register. These are generally referred to as personal rights annotations.
Furthermore, Article 1010 of the Civil Code specifies the restrictions on the disposal that will be subject to annotation, which include those specified in the Civil Code (court decisions related to disputed rights, seizure, bankruptcy, concordat periods, annotation of family home, etc.), those foreseen outside the Civil Code (expropriation, annotations under Article 30 of the 2510 numbered Housing Law, etc.), and annotations of temporary registrations (claims of real rights, etc.). The annotations and statements on real estate in Turkey can be explanatory as well as restrictive.
Real estate transactions in Turkey are quite common and are subject to many regulations under real estate law. Proper execution of these transactions is crucial for protecting the rights of the parties involved and for foreseeing and addressing potential issues in advance. Below, we will briefly touch on the key points to consider when purchasing real estate.
Real estate purchase and sale transactions in Turkey are carried out in accordance with the provisions specified in the Turkish Civil Code and the Land Registry Regulation. The process begins with the buyer applying to the land registry office. The first and most important point to consider when purchasing real estate is that the buyer should request an examination of the property’s land registry record at the land registry office and determine the identity of the owner.
After examining the property’s land registry record, the buyer and seller sign a contract. This contract includes details such as the nature of the property, the sale price, the payment method, the delivery date, and taxes and expenses. During the drafting of the contract, it is essential for the parties to agree, particularly on the sale price and payment method. After the contract is signed, the buyer pays the sale price specified in the contract to the seller. Once payment is made, the seller delivers the property, and the title deed is transferred to the buyer’s name.
In summary, the most important considerations when purchasing real estate in Turkey are identifying the property owner, examining the title deed and land registry, determining whether there are any restrictive annotations or declarations on the property, drafting a sales contract between the buyer and seller, and officially completing the sale transaction at the land registry office by paying the purchase price.
Careful planning, thorough research, and making the right decisions are key to a successful real estate investment in Turkey. Adhering to the important considerations in real estate purchases, such as reviewing the title deed, assessing the property’s value, checking for outstanding tax debts, and considering environmental factors, will allow you to proceed confidently with this significant step. This approach will lay the foundation for a healthy and peaceful home ownership experience.
Careful planning, thorough research, and making the right decisions are key to a solid real estate investment in Turkey. By considering various factors, such as the title deed of your home, the property’s value, past tax debts, and environmental factors, you can lay the foundation for a healthy and peaceful home ownership experience.
Title deed transfer transactions in Turkey are typically carried out through Land Registry Offices. However, as of July 3, 2023, property sales can also be conducted at notaries. Despite this change, notarized sales are not yet widespread, and most transactions still take place at Land Registry Offices.
Steps for Title Deed Transactions:
This process includes essential steps to ensure the title deed transfer is carried out safely and reliably.
The duration of title deed transfer procedures in Turkey can vary depending on several factors, including the nature of the property, the time required to gather the necessary documents, and the workload of the relevant institutions. If all the required documents are complete, title deed transfer transactions can typically be completed within 2-3 days.
However, this process may take longer depending on the workload and busyness of the relevant institutions. Therefore, the exact duration of the title deed transfer can vary based on the specific situation and local conditions.
Owning a home is a dream for many, but there are several important factors to consider before making this dream a reality. To ensure a safe and smooth home-buying process, it’s crucial to take a few critical precautions to avoid fraud. Here are some key points to keep in mind:
1- Title Deed Record: The first and most important step in buying a home is the title deed process. The title deed legally determines the owner of a property, and it is the only document recognized by municipalities and other official institutions. Without a title deed, it is impossible to become a legal homeowner. To avoid fraud, pay attention to the following details:
2- Precautions When Buying a New Home in Turkey: When purchasing a new home, several important details need attention, especially starting from the construction phase:
3- Precautions When Buying a Second-Hand Home in Turkey: Buying a second-hand home requires more caution compared to new homes. In this process:
4- Researching the Property’s Value: Given the rapid increase in property prices, it is crucial to investigate the actual value of the home:
5- Payment of the Sale Price Before Title Deed Transfer: The sale of the property is finalized when the official sale contract is signed at the Land Registry Office. Therefore, it is essential that the sale price of the house is paid before signing the official contract. If there is a trust issue between the parties, the buyer should provide a blocked check for the sale amount to the seller. This practice ensures the safe completion of the sale transactions.
Buying a home can be a complex process, so careful planning and research are crucial to avoid fraud. By paying attention to the above factors, you can ensure a safe and trouble-free home-buying experience.
The real estate title deed is a crucial document that indicates who is legally registered as the owner of a property. In Turkey, title deeds are issued and updated by the General Directorate of Land Registry and Cadastre. Reviewing the title deed of a property in Turkey is an essential step that must be taken before any buying or selling transaction.
When reviewing a real estate title deed in Turkey, first confirm the identity of the property owner and verify the accuracy of the land registry record. Ensure that the person listed on the deed is indeed the property owner. Additionally, check the date of the deed, its number, and details such as plot and parcel numbers.
The title deed record should also include information on the intended use of the property, the type of structure, the number of floors, and the gross and net area. These details must also be verified. It is especially important that the information regarding the intended use of the property is accurate, as it has significant implications for future construction permits and other authorizations.
Additionally, check if there are any mortgages, liens, or other encumbrances on the property. Such obligations can cause complications during the sale of the property.
The title deed review process in Turkey can be conducted at the land registry office by the interested parties. It is also possible to seek assistance from a lawyer or a real estate expert to review the title deed.
The land registry record in Turkey is a public record maintained under the responsibility of the State to show the status of immovable property and the rights on it. Each district’s administrative boundaries constitute a land registry area. The land registry books are the main components of the land registry, and the registration of real rights and the publicity of personal rights depend on the registration in these books.
Anyone with an interest in the property can review the land registry and obtain the necessary information. However, they must credibly prove their interest in the property. Lawyers, however, have the right to examine the land registry books under the Attorneyship Law, regardless of whether they have a direct interest in the property. Therefore, it is highly advisable to seek the support of a real estate attorney in Turkey before purchasing a property to identify any annotations or declarations that might affect the property’s value, restrict its sale, or prevent its transfer.
Turkey is among the world’s leading countries with its geographical location, natural beauties, historical and cultural riches, economic opportunities, and tourist attractions. Therefore, it is quite common for foreign investors to acquire real estate in Turkey. However, foreign investors may face some problems during the process of acquiring real estate in Turkey, which are usually related to language, law, and local practices.
There are two different options for foreigners who want to acquire real estate in Turkey. The first one is to acquire real estate at the land registry office, and the second one is to acquire real estate by establishing a foreign-capital company.
Acquiring real estate from the land registry office is a common method preferred by foreign investors. However, in this method, foreign investors may face some limitations. For example, during the process of acquiring real estate in Turkey, foreign investors must provide certain documents, including the foreign national’s passport, residence permit in Turkey, and opening a bank account in Turkey. Additionally, foreign investors are required to obtain notarized translation services for the process of acquiring real estate in Turkey.
Another preferred method by foreign investors is acquiring real estate by establishing a foreign-capital company in Turkey. In this method, foreign investors can acquire real estate through the company they establish in Turkey. However, legal restrictions must be taken into consideration, and regulations and rules established by the government must be followed.
Another important aspect that foreign investors need to consider during the process of acquiring real estate in Turkey is tax liability. Foreigners who own real estate in Turkey are subject to tax liability just like Turkish citizens. Different types of taxes may be applied depending on the value and usage of the real estate. For example, if a foreigner purchases a business in Turkey, they may be required to pay VAT on the purchase price.
In conclusion, the process of acquiring real estate in Turkey is open to foreigners. Foreigners owning real estate in Turkey are an important source of investment for the Turkish economy, and therefore, the Turkish government provides an appropriate legal framework for foreigners to acquire real estate in Turkey. However, there are certain aspects that must be taken into consideration during this process. It is recommended for foreigners to work with a reliable real estate attorney in Turkey during the process of acquiring real estate in Turkey.
Foreigners can purchase, sell, and encumber their personal rights in immovable property in Turkey under the Civil Code, just like Turkish citizens. However, there may be specific laws or provisions determined by bilateral state agreements that restrict the acquisition of real estate by foreigners. Therefore, it is important for foreigners to seek the assistance of a lawyer before purchasing proeprty in Turkey. Immovable property acquired by foreigners in Turkey is protected under the Civil Code provisions. Additionally, foreigners can freely rent out the properties they have acquired.
Foreigners may encounter some problems when acquiring real estate in Turkey. These include:
Transactions related to real estate law in Turkey are quite complex and detailed. Therefore, the support of an attorney is highly important during real estate purchase and sale transactions. There are many benefits that attorneys provide in real estate law:
In conclusion, real estate transactions are highly important and carry significant financial values. Therefore, the support of an attorney is crucial for completing transactions smoothly. The experience, knowledge, and expertise of a real estate lawyer in Turkey help their client achieve the best legal outcomes.
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