real estate law in turkey

REAL ESTATE LAW IN TURKEY AND PURCHASING PROPERTY

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.

TOPICS COVERED IN REAL ESTATE LAW IN TURKEY

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:

  1. Real Estate Purchase and Sale Transactions: Real estate purchase and sale transactions involve an official process that requires the completion of various documents and procedures. The purchase-sale contracts must comply with contract law.
  2. Title Deed Transactions: Title deed transactions are essential for the official registration of ownership and are the most crucial step in acquiring real estate.
  3. Lease Agreements: Lease agreements are documents arranged between the tenant and the landlord and are fundamental elements of real estate law. The rights of the landlord and tenant fall under the scope of real estate law.
  4. Zoning Law: Zoning law includes regulations related to land use, planning, and development, and forms a significant branch of real estate law.
  5. Inheritance Law: Inheritance law addresses and resolves various issues that may arise, particularly concerning real estate.
  6. Expropriation Law: Expropriation law regulates the process by which the state claims rights over private property for public benefit. Determining fair compensation between the property owner and the state is a critical part of this process.
  7. Construction Law: Construction law governs issues that may arise during construction projects, including contract breaches, quality standards, and the timely completion of the project.
  8. Mortgage and Pledge Law: Mortgage and pledge law involves the legal regulations regarding securities such as mortgages and pledges placed on real estate.
  9. Acquisition of Real Estate by Foreigners: The acquisition of real estate by foreigners in Turkey requires various legal procedures and documents. This process includes specific rules for international property acquisition.
  10. Dispute Resolution: Disputes in real estate law are frequently encountered. Alternative legal avenues and methods such as mediation are used to resolve conflicts between parties.

LAWSUITS IN TURKISH REAL ESTATE LAW 

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:

  • Lawsuits for cancellation of title deed : These are lawsuits filed on the basis that the title deed registration of a real estate is unlawful. In such cases, it is claimed that the title deed registration is invalid or incorrect, and the cancellation of the registration is requested.
  • Lawsuits for wrongful registration: These are lawsuits initiated when someone wrongfully registers a real estate in someone else’s name. In cases of wrongful registration, the invalid title deed registration is requested to be cancelled, and the true owner is sought to be determined.
  • Lawsuits for nullification of disposition: These are lawsuits filed on the grounds that a person’s disposition over a real estate is unlawful. In such cases, the invalidation of sales, transfers, or other dispositions made over a real estate is requested.
  • Lawsuits for claims arising from real estate sales contracts: These are lawsuits filed against the seller regarding claims arising from the sale of real estate. In these lawsuits, compensation may be claimed based on non-payment of the purchase price or other outstanding debts according to the sales contract.
  • Rent determination lawsuits : These are lawsuits filed to have the court determine the rental amount. In such cases, either the tenant or the landlord requests a court decision to determine or re-determine the rental amount.
  • Eviction lawsuits : These are lawsuits filed to terminate the lease agreement and vacate the premises. Eviction lawsuits aim to prevent the tenant from breaching the terms of the lease agreement or continuing the tenancy beyond a certain period.
  • Lawsuits to prevent interference: These are lawsuits filed to prevent an unauthorized person from interfering with a real estate. These lawsuits aim to protect property rights and prevent unauthorized interference.
  • Compensation lawsuits for unauthorized use: These are lawsuits filed to seek compensation for damages resulting from the unauthorized use or occupation of a real estate. In ecrimisil lawsuits, the real estate owner claims compensation for damages caused by unauthorized use or occupation.
  • Lawsuits for the partition of joint ownership: These are lawsuits filed when multiple individuals have ownership rights over a real estate, seeking the termination of joint ownership.
  • Mortgage and pledge lawsuits : These are lawsuits initiated to resolve disputes arising from the encumbrance of a real estate with a mortgage or pledge right. In mortgage and pledge lawsuits, when there is a disagreement among the rights holders regarding the scope of the mortgage or pledge right, payment conditions, or the sale of the real estate, a court decision may be requested.

PURCHASING PROPERTY IN TURKEY

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

HOW CAN I BUY REAL ESTATE 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.

ACQUISITION OF REAL ESTATE OWNERSHIP ACCORDING TO REAL ESTATE LAW IN TURKEY

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.

RIGHTS AND BENEFITS IN REAL ESTATE

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.

LIMITATIONS OF PROPERTY RIGHTS

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.

IMPORTANT CONSIDERATIONS FOR REAL ESTATE PURCHASES IN TURKEY

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.

turkish property law

THINGS TO CONSIDER WHEN BUYING A HOUSE IN TURKEY

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.

IMPORTANT CONSIDERATIONS WHEN BUYING A HOUSE IN TURKEY

  1. Title Deed Records (Ownership Information): The first and most crucial step when buying a house is to examine the title deed records. The ownership status of the property is determined through the title deed records, which reveal who the owner(s) is.
  2. Title Details (Block, Plot, Independent Section Number): Detailed information about the property, such as block, plot, and independent section number, can be found in the title deed records. These details help clarify ownership.
  3. Encumbrance Information (Easement Rights, Liens, Zoning Regulations): It is important to review any encumbrances on the property, such as easement rights, liens, or zoning regulations. These annotations and declarations must be considered.
  4. Mortgage Status: Determine whether the property is mortgaged. If a mortgage is registered, it indicates the rights over the property’s value.
  5. Sales Restriction Orders: Check if there are any restriction orders that could prevent the sale of the property. Such orders can impact the transaction.
  6. Status of Floor Easement or Condominium Ownership: Determine whether the property has floor easement or condominium ownership, which shows the sharing arrangement of the building or apartment.
  7. Management Plan and Title Annotations: Review the property’s management plan and consider any annotations applied by the landowner to the contractor.
  8. Current Zoning Status: Evaluate the current zoning status of the property. This information reveals the usage and development potential of the property.
  9. Tax Debt Status: Check if the property has any outstanding tax debts. Tax debt can pose a significant financial burden for the buyer.
  10. Declared Property Value: Determine the property’s latest declared value. This affects the amount of fees to be paid during the title transfer. Understating the sales price on the title deed can result in legal penalties.
  11. Official Authority Control: Investigate whether there is any direct or indirect control by an official authority over the property.
  12. Occupancy Permit Status: Check whether the property has an occupancy permit and whether there are any issues that might prevent obtaining one.
  13. Sales Contract Review: The buyer should carefully read the sales contract and, if possible, have it reviewed by experts. This is crucial to avoid potential legal issues.

HOW TO PERFORM TITLE DEED TRANSACTIONS WHEN BUYING A HOUSE IN TURKEY

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:

  1. Scheduling an Appointment: To initiate the sale of a house, an appointment must be made through the Web Title Deed System.
  2. Payment of Fees: Both the seller and the buyer are required to pay separate title deed fees for the transfer process. This fee represents 4% of the declared sale price of the property. The revolving fund fee varies depending on the province and the specific Land Registry Office.
  3. Appointment Date and Time: After the relevant fees are paid, the Land Registry Office informs the parties of the appointment date and time via SMS.
  4. Required Documents: The seller and buyer, or their authorized representatives, must present their identification documents. A driver’s license or civil servant ID card is not sufficient for title deed transactions. Foreign nationals must use their passports for the transaction. Additionally, if the sale is conducted through a representative, the original power of attorney is required.
  5. Mandatory Earthquake Insurance (DASK): If the property is residential, a DASK policy must be obtained to proceed with the sale.
  6. Property Tax Document: This document, obtained from the municipality to which the property is affiliated, includes the current assessed value of the property. It must be up-to-date, and all property taxes should be paid.
  7. Inheritance Procedures: If the title deed transfer is due to inheritance, a “Certificate of Inheritance” and proof of payment for inheritance and transfer tax are required.
  8. Notification of Title Deed Transfer Issues: If the title deed transfer cannot be completed due to missing documents or other obstacles, the applicant will be notified.
  9. Signing the Official Sales Contract: Once all necessary documents are provided, the Land Registry Officer prepares the official sales contract for the property, which is then signed by the parties.
  10. Issuance of the New Title Deed: After the sale is completed, the Land Registry Officer issues the new title deed in the buyer’s name and delivers it to them.

This process includes essential steps to ensure the title deed transfer is carried out safely and reliably.

HOW LONG DO TITLE DEED TRANSFER PROCEDURES TAKE IN TURKEY?

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.

PRECAUTIONS TO AVOID FRAUD WHEN BUYING A HOUSE IN TURKEY

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:

  • Check for any annotations or encumbrances on the title deed record.
  • Verify that the information on the title deed matches the details of the person selling the property.

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:

  • Ensure that the contractor has the necessary construction permits.
  • Verify whether an occupancy permit (iskan) has been obtained and review the general status of the occupancy permit.
  • Check if the property is under mortgage due to the contractor’s bank debts when it is put up for sale.

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:

  • It is essential to have the building’s structure inspected by experts.
  • Verify the accuracy of the information on the title deed and check for any outstanding tax debts.
  • Ensure that the title deed is current and that the property is not burdened by any legal issues.

4- Researching the Property’s Value: Given the rapid increase in property prices, it is crucial to investigate the actual value of the home:

  • Consider real estate price indexes and the prices of similar apartments.
  • Evaluate whether the price provided by the owner or realtor is reasonable according to market conditions. If necessary, obtain an appraisal report to determine the market value of the property.

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.

REVIEWING A REAL ESTATE TITLE DEED IN TURKEY

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.

KEY POINTS TO CONSIDER WHEN REVIEWING A REAL ESTATE TITLE DEED IN TURKEY

  1. Original Title Deed Should Be Examined: The title deed must be reviewed in its original form, which should be obtained from the Land Registry Office. Decisions should not be based on a photocopy.
  1. Review the Content of the Title Deed: All information on the title deed should be thoroughly checked and verified. If there is any incorrect information, it must be corrected before proceeding with any transaction.
  1. Examine the Land Registry Record of the Owners: The land registry record should include the names of the property owners, as well as the names and shares of any other parties listed on the deed. It should also contain information about any legal restrictions, mortgages, or sales promise agreements on the property. These details should be carefully reviewed and confirmed.
  1. Review the History of the Title Deed: The history of the title deed includes information about the previous owners of the property and any issues in its past. The history, along with the dates recorded in the deed, should be examined in detail.
  1. Check for Restrictions on the Title Deed: Restrictions on the title deed, such as prohibitions on commercial use or the protection of certain trees on the property, should be reviewed as they may affect the use of the property.
  1. Ensure the Title Deed is Up-to-Date: The most recent update date of the title deed should be checked, and it should be ensured that the deed is current.

HOW TO EXAMINE A REAL ESTATE TITLE DEED IN TURKEY

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.

WHO CAN REVIEW A REAL ESTATE TITLE DEED IN TURKEY?

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.

foreigners property rights in Turkey

PURCHASING PROPERTY IN TURKEY BY FOREIGNERS

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 in Turkey

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.

  • Acquiring Real Estate by Establishing a Company 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.

PROTECTION OF PROPERTY RIGHTS OF FOREIGNERS

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.

PROBLEMS FOREIGNERS MAY ENCOUNTER IN THE PROCESS OF ACQUIRING REAL ESTATE IN TURKEY

Foreigners may encounter some problems when acquiring real estate in Turkey. These include:

  • Language Barrier: Foreigners who do not speak Turkish may encounter language barriers during the process of land registry and real estate transactions. Therefore, it is recommended for foreigners to work with a real estate consultant or lawyer.
  • Legal Examination of Title Deeds: Failing to properly examine title deeds is one of the biggest problems that foreigners may encounter in the process of acquiring real estate. The legal examination of title deeds is important for verifying ownership, determining legal obligations, and predicting potential future problems.
  • Real Estate Agents: Some real estate agents may demand higher commissions from foreigners. Furthermore, it is possible for real estate agents to act as intermediaries in purchase and sale transactions without the knowledge of foreigners or provide misleading information. Therefore, it is important for foreigners to work with a reliable real estate consultant or lawyer.
  • Tax Obligations: The acquisition of real estate in Turkey by foreign nationals may create some tax-related problems. In particular, foreign nationals should be informed about the VAT and fees they paid when purchasing property in Turkey. Additionally, the income obtained from the sale of real estate must be subject to taxation in Turkey.
  • Illegal Structures: Illegally constructed buildings and structures in Turkey are one of the problems that foreigners may encounter during the process of acquiring real estate. Such structures can create legal problems that are not indicated in the title deeds and put foreigners’ investments at risk.
  • Legal Transactions: Legal transactions in Turkey may take time and can sometimes be complicated. Therefore, it is recommended for foreigners to act patiently and pay attention to details during the process of acquiring real estate in Turkey.
  • Money Transfer: Foreigners need Turkish Lira to acquire real estate in Turkey. Therefore, foreigners must open accounts in Turkish banks and perform money transfer transactions.
  • Lack of Required Documents for Property Ownership: Among the documents required for the purchase of immovable property in Turkey are the title deed, identification card, residence permit, tax declaration, etc. It is recommended that foreigners acquire these documents beforehand to avoid any complications in the acquisition process.
  • Cultural Differences: Foreign nationals may experience difficulties during the process of purchasing immovable properties in Turkey due to cultural differences. Therefore, it is recommended for foreign nationals to seek support from a local attorney or real estate consultant during the process of acquiring real estate in Turkey.

SUPPORT OF REAL ESTATE LAWYER IN TURKEY FOR PROPERTY SALE

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:

  • Legal Consultancy: An attorney provides legal consultancy to their client on real estate law. With their knowledge, experience, and expertise, they offer their clients the best legal options from a legal perspective.
  • Contract Preparation: Real estate attorneys are specialized in preparing real estate purchase and sale contracts. Therefore, they ensure that contracts are drafted in a way that protects the rights and interests of the parties involved.
  • Title Deed Transactions: A real estate lawyer in Turkey carries out title transactions. These transactions are highly technical and detailed, so an attorney’s experience and knowledge ensure that they are completed smoothly.
  • Problem Resolution: Many problems can arise in real estate law in Turkey, including title deed problems, property right violations, and disputes. A real estate lawyer in Turkey assists their client in overcoming these problems and resolving them through legal means.
  • Reducing Legal Risks: Real estate transactions carry many risks due to their high financial values. A real estate lawyer in Turkey helps their client take necessary precautions to reduce their risks and ensures that transactions are completed smoothly.

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.

You can review our other practice areas here and contact info@cbhukuk.com for your legal support request.

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