Actually, nothing! Because it is possible to buy property in Turkey without setting your foot in Turkey. And, it was always possible. Not to mention that anyone can easily complete the process abroad. So, here we’re writing down step-by-step on how you can buy property in Turkey from abroad.

STEP 1 – Client Segmentation

First, we determine which of the three criteria the client falls into: 

In line with the client’s request and the information we gather, we determine the segment that our client falls into. There are three segments. These are clients wishing to;

• Buy property in Turkey

• Sell property in Turkey

• Inherit a property in Turkey

After the completion of this step, that is, after determining the appropriate segment for a client, we proceed to the second step.

STEP 2 – Sending Power of Attorney*

Now, we send the sample Power Of Attorney to our client. Once the client receives the document, s/he should complete the following procedures.

• Bureaucratic Procedure

The client should take this sample power of attorney to a notary office in his country. And, requests the notary officer to write the same POA on his/her name. When the POA is written by the notary public in his/her country, it must also be apostilled**. In other words; a POA document drafted directly by a foreign country’s competent authority must be approved (apostilled) by political authorities of that country.

After the completion of this step, now, the client should send the POA to our office via cargo. 

*Info: What is Power of Attorney? – A POA is a legal document that grants one person (lawyer) the authority to act on behalf of another.

**Info: What is Apostille?  The Apostille is a certificate, a form of authentication that the government issues and attaches to records. So that they can be recognized when submitted to another country. The form itself and the content inside of it are exactly the same in all countries. The ratification note is known as the ‘Apostille Convention’. This was issued in compliance with The Hague Convention of October 5, 1961. As a result, it facilitates the transactions between countries that have signed the aforementioned convention.

STEP 3 – Lay Back and Buy Property in Turkey

Subsequently, when we receive the power of attorney, we proceed with a final procedure.  That is; to take it to the notary office in Turkey, get it translated into Turkish by a sworn translator. Finally, once the notary office seals it this procedure ends and we have a legit POA in Turkey. Now, we can act on behalf of our clients according to their wishes.

Let’s assume the client would like to buy property in Turkey, but s/he’s abroad.

Thanks to this power of attorney we are fully authorized by our client to proceed as follows;

• We meet with the seller or real estate agent of the property that the client wishes to buy. 
• We gather the required documents and information as well as a copy of the property’s title deed.
• We verify the deed of the property at the Land Registry Office and see if there are any restrictions, mortgages, or debts on it.
• We contact the municipality to find out if all of the necessary records have been collected and if there are any issues with the building.
• Subsequently, we write a report on the property and send it to the client.
• Then, we write the sales contract.
• We get a Turkish tax number for the client from the Tax Office
• We sign the title deed on behalf of the client at the Land Registry Office.
• After receiving the title deed, we go to the municipality and register the property under the new owner’s name.
• Finally, we register utility subscriptions (electricity, water, gas) in the new owner’s name.

This is a very easy process to invest in or own a house in these difficult periods of time. Because just in three steps without setting your foot outside your country, you managed to buy property in Turkey! Congratulations! 

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Rental Contract / Lease Agreement

A rental contract or other words lease agreement is a legally binding agreement as per the rental laws in Turkey. It’s the legal document where the lessor undertakes to grant the tenant the right to use a property in exchange for the payment of the agreed amount. Most importantly, this document will be your guide and solution to everything when anything goes wrong. Thus, it protects the rights of both the landlord and the tenant. However, it is important to write information with precise wording.

The information that must be contained in the rental agreement;

• The property’s address and specifics
• Name and address of the owner, as well as that of their agent (if applicable)
• Name and address of the occupant
• Contract start date, contract length, and contract extension terms
• The monthly rental fee and the terms of the yearly increase
• Payment method Amount and type of security deposit
• Accommodation type (house, apartment)
• Common areas of apartment complexes
• Property Specification
• Utilities are included in the monthly rent.
• Contract terms and conditions, as well as contract termination
• Inventory report (added as an appendix to the agreement if the place is rented with furniture)
• Terms of property insurance

Duration of rental;

According to rental laws in Turkey, to rent out your property on a weekly or two weekly basis if your apartment is part of a complex or on a site is against the laws if you don’t have a license. A landlord can only lease his/her properties for a long-term period in excess of one month. A license from the Municipal Council is required for any property used for short-term or temporary rentals.

Obligations and Rights of Both Sides

In a bilateral agreement, both sides of the agreement have responsibilities that they have to fulfill. Thus, their rights are in protection under the rental laws in Turkey. According to rental laws in Turkey;

The landlords have these responsibilities to their tenants;

• Ensure that the property meets a minimum standard.
• Pay all taxes and side costs related to the property.
• Any items of the property that are not in working order that are not the result of tenant damage must be restored or fixed by the owner.

The tenants have these responsibilities to their landlords;

• Pay the rent in full by the agreed-upon deadline.
• Pay utility fees for water, electricity, and communal apartment maintenance.
• Make use of the land appropriately.
• Liable for any damage unless the landlord, or someone else, or force majeure (circumstances outside of a person’s control) is the cause for it.
• Without the landlord’s written permission, the tenant cannot sublet the property.
• Cannot make any significant modifications to the property or building without the landlord’s permission.
• Must not disturb the tenants and neighbors who live nearby.
• If the tenant vacates the property before the rental contract end date, s/he must continue to pay the rent until the contract expires or until another tenant accepts it.

Seek Professional Advice

Rentals are regulated in general by Turkish Law of Obligations, and in particular by Real Estate Rental Law No. 6570. Please bear in mind that you should consider a few things before signing a rental contract.

• Firstly, always seek legal advice if you are not sure of the rental laws in Turkey. This would save you time and money in the long-term.
• Secondly, make sure you always fulfill your legal responsibilities.
• The landlord’s ownership of the house should be checked at the title deed register.
• Both parties must sign each page of the contract. The landlord and tenant must sign the contract together. If the landlord has given power of attorney for his/her presence, a lawyer can also sign on behalf of the landlord.
• If you’re willing to rent out your property while abroad, you can give power of attorney to a lawyer.
• Most importantly, in the case of a dispute, consult a property lawyer who knows the rental laws in Turkey.

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Find a Reliable Independent Property Lawyer

Obviously, you would have to do a lot of research to get the correct answer to this question. Also, before you transfer your money to real estate investment, which is considered a relatively large investment, take some time. It should be your top priority to make sure that your investment will be legally valid. This is a time-consuming process and most of the time the validity of your resources would be doubtful. To shorten this step search for a reliable legal consultancy. Thus, the first step you should take is to consult an independent property lawyer on the regulations of Turkey and find out whether the plan seems feasible for you.

Here, we are presenting the key pitfalls to consider when buying property in Turkey to safeguard your investment. 

Foreign Ownership Laws

Buying property in Turkey is regulated by Law of Title Deed, Cadastral Law and Civil Code, and Condominium Law. Unless stipulated by international agreements and other special laws, The Republic of Turkey allows Foreign investors to make investments in Turkey. However, they can do this by complying with certain rules of law, legal procedures, and paperwork. 

Following the Legal Steps and Paperwork

A foreign citizen must submit an application along with some documents before buying property in Turkey. This application is done together with the seller, to the local Land Registry Office where the property is located. The purchase transaction has two steps accompanied by many documents. The first step is the pre-sale approval from the Land Registry Office. The second step is the signing of the documents for buying at a notary.

The two-step procedure sounds pretty easy to the ears. However, this is one of main the pitfalls. To follow, read and prepare a contract and all the conveyancing documents in the other language is not easy. If you’re not confident in the local language to handle these you need to hire a professional who speaks both the local and your language. It is recommended to hire an English speaking independent property lawyer who can help you to cover all the paperwork and pitfalls before buying real estate overseas. The lawyer will help you with simplifying the legal jargon as well as act in your interest.

Non-citizen Ownership

Very few nations around the world do not allow non-citizen ownership of properties. Luckily the Republic of Turkey is not one of them.  Non-citizen foreign people can buy property in Turkey thanks to the amendments made to the Land Registry Law in 2002.

Reciprocity Principle

In the past, certain foreign people around the world were unable to buy properties in Turkey. Because their government didn’t allow Turkish nationals to buy properties in those countries. The Republic of Turkey changed the reciprocity principle in the law in 2012. Now, all persons with a foreign nationality can buy property in Turkey.

Area Limitations when Buying Property in Turkey

Foreign nationals can buy a total of no more than 30 hectares of property in Turkey and may obtain a restricted right of rem. Foreign nationals can buy property in Turkey up to 10% of the total area of that district or town.

Strategic Zones

The foreigners are not permitted to buy land or property in or close to military zones, security zones, or other strategic zones. They need to get a special permit from the Turkish authorities which state that the requested land or property is not within or close to such zones.

National Interests

You also should be mindful of the fact that the Council of Ministers might limit or even forbid your purchase if there are national interests related to the land or property. Your independent property lawyer will search any possible pitfalls on this matter.

History of the Property and the Seller

Let’s say you found the property that you want to buy. Now, you are going to finalize the transaction of buying/selling in front of a notary. Yes, a notary has the power to transfer deeds of a property. In order to do this, the notary identifies correctly the seller and the buyer and approves if there is a power of attorney. However, a notary does not close the liens on the property or examine the legality of a property. If there are, the notary can do nothing until the buyer and the seller solves the conflicts.

So, a proficient independent property lawyer who can go to the registry or can verify the documents that are asked for from the seller and examine the history of the property can overcome such pitfalls from the beginning. This is called as due diligence.

Due Diligence

Due diligence helps you to avoid from many hidden pitfalls and from making a big financial mistake. How? By learning the history of the property and the seller when buying property in Turkey.  This process resolves any possible pitfalls before completing the transaction.

The lawyer will be able to pick up secret pitfalls during the due diligence process and include all those critical information in the search report. These reports help prospective buyers protect their hard-earned money and guarantee greater peace of mind.

Some important aspects relevant to the due diligence when buying property in Turkey:

• Verifying the legal status of the property.
• Controlling if there are any loans, mortgages, liens, or other legal pitfalls that will impact your investment in the future years.
• Making sure that the property has been registered legally.
• Verifying the entitlement and asset are in the seller’s name and that appropriate assignment documents exist.
• Verifying construction licenses or any other licenses issued by the local authorities
• Checking whether the property tax has been paid. (Both the new and the previous owner are jointly and severally liable for the tax debt if the previous property taxes have not been paid.)

The terms of payment

Potential buyers with foreign nationality should not make any payments before obtaining information from the relevant Land Registry Office about the property concerned. Also, shouldn’t sign a legally binding purchase or payment agreement without supervision of their own lawyer.

Be aware that a much higher price may be offered to prospective foreign buyers in certain locations than would be offered to local buyers. To make sure you get a fair deal look at a lot of properties and compare the prices with other properties on the market in the same location. 

Exchange Rates

Exchange rates are another important issue that must be kept in mind. Since even a small change to the exchange rate could drastically affect the value of your money. Think of any foreign property investment as a property investment in the currency of that country. You should time your purchase to meet advantageous exchange rates which can significantly increase your purchasing power. 

Taxes and Fees

When buying property in Turkey or anywhere around the world, you are to pay tax at some point. You need to pay all the property taxes, fees, service charges, and many other costs involved with buying property in Turkey. It’s always beneficial to gather a preliminary information about local tax laws. You should be sure that you account for all the tax that you are liable to pay, both in your home country and in the country that you are going to buy-in.

Please note that, since 2017, for their first property purchases, foreigners are not required to pay Value Added Tax (VAT) when buying property in Turkey.

The Real Estate Agent

Do you really know the area where you’ll be buying property in Turkey? While one of the ways to know is to ask questions and do your own investigation, consulting a real estate agent is the clever way. Yet, you should be sure that the real estate agent who lists your property is legal and reputable. Plus, the agent has to have the knowledge and experience to assist you. Trusting and finding the right one can be a hassle. An expert independent property lawyer in Antalya can also offer you some on-point suggestions on such buying property in Turkey when buying property in Turkey. Never forget that the estate agent is working on behalf of both the seller and yours. Always trust your lawyer who will only cover your own interests.

As expressed;

There is clearly a high volume of challenges and pitfalls that need to be overcome when buying property in Turkey or overseas. You should always seek the legal advice of an independent property lawyer in Turkey in the first place. Only by taking this step, you’ll stand a good chance of avoiding to do legal mistakes and pitfalls when buying property in Turkey. With this in mind, consider the above-mentioned factors and pitfalls before finalizing your property investment in Turkey.

The post What Are The Advices And Pitfalls When Buying Property In Turkey? appeared first on Izzet Cansiz.

Lush greenery and turquoise waters surround kilometers of beaches in Turkey. From vast bays to secluded coves, Antalya is drawing millions of global visitors each year. In order to enjoy the Mediterranean lifestyle and to buy Turkish real estate, you don’t need to be a billionaire. Firstly, all you need is to find the right Turkish property lawyer in Turkey. Secondly, your dream property in Antalya.

WHY YOU NEED A TURKISH PROPERTY LAWYER TO INVEST IN TURKISH REAL ESTATE?

Proceedings to buy property in Turkey and the transition of ownership can safely and easily be carried out under the supervision of an experienced Turkish property lawyer.

You must have the best legal counsel if you wish to buy property in Turkey legally and safely. This should definitely be from a Turkish property lawyer to secure yourself. Foreigners can purchase a Turkish property remotely by giving power of attorney to a Turkish property lawyer. Giving someone the authority to act on your behalf is of utmost importance. So, you should be sure of the Turkish property lawyer’s expertise on Turkish law and Turkish property law.

It’s also important to find a professional Turkish property lawyer to conduct certain searches and checks (due diligence) to ensure there are no major problems, before purchasing a property in Turkey. It is an extremely important stage. The due diligence stage helps the buyer to analyze the worth of the property and to verify the information relating to the property in order to decide whether to proceed with the acquisition.

When deciding to buy real estate in Antalya hiring a Turkish property lawyer to search the property for any burdens is crucial. Mr.İzzet Cansız is a Turkish property lawyer with several years of experience. He is prepared to handle all of your needs when buying a property in Turkey. Mr.Cansız has partnered with clients from all over the world to help with Turkish law and Turkish property law in all sorts of matters.

WHAT IS THE BENEFIT OF BUYING PROPERTY IN TURKEY?

You may have spent a holiday in Turkey, enjoying the magnificent scenery and delicious food. Hence, you started thinking of purchasing a property. Owning a property in Antalya for a living or simply to become a foreign investor is now your dream. Only a reputable Turkish property lawyer can tell you all its benefits in detail. Here are some of the highlights:

The city of Antalya is one of the most prominent cities for purchasing a property. For a foreign investor, there is a wide range of Turkish properties at highly competitive prices. Here, you can both find inexpensive studio apartments as well as luxury seafront villas.

Having your money function for you involves taking control of your assets. By using that control you can constantly strengthen your financial health and security. These days, with the guidance of a Turkish property lawyer, to buy Turkish real estate is a great investing alternative. Turkish real estate tends to gain value, either as a result of price shifts that increase demand for land in their area or as a result of inflation.

Real estate can produce on-going passive income and can be a decent long-term real estate investment. Moreover, if you take the growing economy and the country’s desire to progress into your consideration, you can easily multiply your savings by buying a property in Turkey for investment.

Furthermore, not only the price of Turkish real estate but also the cost of living is quite low. Thanks to its perfect nature and fertile soil, Turkey is a farming paradise. Delicious fruits and vegetables are extremely cheap in Turkey, for instance. Plus, the country has a deep-rooted heritage for its cuisine. Turkish cuisine is the third most diverse and richest cuisine in the world.

HOW TO FIND A REPUTABLE TURKISH PROPERTY LAWYER?

Your agent or seller will refer you to a Turkish lawyer. Nevertheless, you need a Turkish property lawyer who is an independent solicitor who is trustworthy and reputable, who is specialized in property law. You might able to find the right Turkish real estate to buy in for investment or to pursue your dreams. Yet, none of these things will happen securely without first knowing how and where the money is going. A Turkish property lawyer who knows the location you are thinking of buying in can take care of your interests.

The Turkish property law comprises some strict rules. One should seek the professional service and legal advice of expert Turkish property lawyers. Meanwhile, compared to its previous version, the Turkish property law and legislation applied for foreign investors is one of the simplest in the world.

In conclusion, Turkey is a country – and elsewhere in the world – has so much to offer. You can start pursuing your dream of a sunny place under the sun at a Mediterranean coastal as of today.

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