The Legal Process Of Buying A Property In Turkey

The procedures here are actually simpler than in most other European countries.

Receiving the Tapu or Title Deeds

Any foreigner can purchase property in Turkey as long as the property is not located within restricted military zones. This check must always be done first, as you will not be able to purchase any property without military permission. There is no way around this official requirement, so be sure to leave several extra months of time to allow for it.

When you purchase your holiday property in Turkey you will receive a "Tapu", which means "Title Deed" in Turkish. This is the official document that states your ownership of the property.

To obtain the Tapu you will need to request it at the Land Registry Office. The office will send the application and all of the corresponding data to the military headquarters so that it can be approved. Waiting for this application to be approved and returned can take a couple months.

When you submit the application for a Tapu, you will need to include a photocopy of your passport, the names of your mother and father, and four passport sized photos of yourself.

You will also need to pay the purchase tax and the earthquake insurance before the Turkish Tapu Office will transfer the property to you. Once the process is complete you will receive the Tapu with your name on it proving you as an owner of the property.

Will You Need a Conveyancing Solicitor?

Unlike most other European Countries, the property register in Turkey is not entered by a Notary Public. Instead it is dealt with by an official of the Property Registry Department. Both sides, the buyer and the seller, must be present at the entry but a Notary Public is not required.

There is, however, a conveyance tax which is 3.3% of the property value and needs to be paid at one of the State Banks at the time of conveyance.

Giving Power of Attorney to Your Estate Agent

When you are purchasing a property in Turkey, you might find that it makes the process simpler to grant power of attorney to your Estate Agent. This means that your agent can apply for the military permission on your behalf, register the title deed for you, and perform other important tasks. If you need to stay in the UK during the house purchasing process you can avoid having to travel back and forth multiple times to complete each step in the process.

Giving the estate agent power of attorney does not mean that they will have any claim over your property as it will still be your picture, name and signature on all of the final official title deeds.

The legal process of buying a property in Turkey does not have to be a complicated ordeal, as long as you know what to do and have trustworthy agents and lawyers to help you along the way.

by: James P Martin

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