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GENERAL PROPERTY SELL PROCEDURE

In December 2005 a revised law was passed by the Turkish Parliament covering the purchase by foreigners of property in Turkey.Compared to many European countries, the procedure of buying/selling a house is quite simple in Turkey. The transfer of the property is only made by the Land Registry Office.

The costs are as follows

 

3% on the ‘declared’ value of the property to be paid to the government (e.g.: if declaration ofbuying price is 20.000.- € than the fee is 600.- €)
Land registry office fee (approximately 40.-€ for each transaction)
Passport translation (30.-€)
Permission application fee to be paid to Tapu & Cadastre Office (50.- €)
Translator fee (50.-€- it is compulsory to have a translator at the stage of transaction)·

 

Additional Costs

These transfers are done after the Tapu is transferred to the name of the buyer.
Electricity register transfer for the house : Approximately 40.-€
Water register transfer for the house : Approximately 35.-€
Satellite membership for TV- Digiturk : Approximately 100.-€
Telephone line : Approximately 10.-€
(Please note these prices may change due to updates made by the authorities)


Agreement

 

Signing standard service charges agreement in the presence of both parties. Finding a solicitor approved by the referring Embassy Pre-sales agreement (duable with a pre-sales agreement prepared by the notary or by a solicitor or both) Most lawyers working in conveyancing in popular areas will speak English and they can take you through the process explaining the steps as you go  In case the pre-sales agreement is asked to be notarised, then approximately 1% of the actualselling price of the property has to be paid by the buyer to the Notary Public.

Deposit Payment
Before we start the procedures at the Land Registry Office, a deposit of 10% of the sales price will be asked to be paid to the Seller (as outlined in the contract). The payment of the remaining sum i.e.90%, shall be paid when all the legal procedures are finalised and parties are called for transaction.

Permission

In case the buyer is a foreign nationality person, it is required that the availability of buying the property and passport details of the buyer be approved by the Regional Army Headquarters.

Deed Delivery –‘Tapu’

Once we receive the approval for the transfer of the deed, so called ‘TAPU’ to your name, you have either the option to give us or your solicitor a power of attorney to register the property onyour name or to come once again on call for the termination ofthe documents. Click hear to see the sample of TAPU.

 Using Power of Attorney

The chances are you won’t want to make repeated visits to Turkey to sign every piece of paperwork required to complete the purchase process. After all, this could prove time consuming and expensive. An alternative is to get someone else to complete all the legal niceties for you in your absence - all that is required is to grant them power of attorney. This is a simple process undertaken at the offices of the Notary Public. You will not be allowed to sign without the presence of a certified translator and until the Notary is satisfied that you understand all the terms. If you give authorisation to your solicitor they will be able to do everything from completing all the legal work required by the land registry office for your application and following up any construction and building work to ensuring the initial contract agreements are met. Your lawyer will also be able to pay all the taxes to complete the transfer of the title and to register all the utilities (electricity, water and telephone bills) in your name once you take ownership of the property. Documents required by the Notary Public to give Power of Attorney for each owner Your passport Your parents’ full names Your contact numbers and addresses Two photos of each person who will be named on the deeds    You will have to pay approximately £90 for the right to grant PoA (Power of Attorney) - £30 of this is for the translator and £60 for the notary. However, you may wish to obtain the PoA documents in your country and send it to your Turkish Lawyer to have translated.

Agency Comission

According to Turkish real estate regulations, Real Estate agencies are entitled to receive 3%+ VAT from the buyer and 3%+ VAT from the seller. The service charge sequence is as stated above in‘Deposit’ section

Restrictions on foreign buyers

Foreigners may purchase freehold land and property in Turkey in their own names provided that:  Their country has reciprocal agreements regarding property purchase with Turkey, i.e. Turkish citizens have the same rights to buy property in your country. EU countries are covered by such an agreement. The property is not in a military zone or areas that are strategically important in terms of agriculture, energy, irrigation or protected habitats or areas that are deemed to have religious or cultural significance. A military investigation has been conducted by the Ministry of Defence (in other words you don't have a criminal record or a background of working for the intelligence services. etc). Land purchase is limited to 2.5 Hectares for foreign individuals.

Key Facts

Foreigners must have gained Military clearance from the Ministry of Defence. Ninety-nine year leases are no longer recognised by Turkish notaries. You can grant power of attorney to a solicitor to oversee the legal process while you are out of the country. New properties are exempt from annual property taxes for the first five years. You don't have to pay capital gains tax after you’ve owned the property for five years.

 

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