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( 27.09.2010 )
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Providing that one can respect and is familiar with the rules and regulations, purchase of property in Turkey is relatively simple, safe and without any risk. Each transfer of ownership is registered at the Land Registry Office. After the transfer of ownership the new owner receives a proof of ownership, the so-called “tapu” (proof of registration at the Land Registry Office). The Land Registry Office is managed by the municipality. For the exchange of deeds the “old” and the “new” owner should be present at the Land Registry Office in person with their identity papers, a set of recent passport photos and the full name of their father. Moreover the presence of a sworn interpreter is required when either the buyer or seller is of foreign nationality.

In the event of there being an existing legacy, a legal will drawn up in the country of origin is officially recognized. If there is no legal will, then the Turkish law of succession is applied.

The tapu is only issued at the Land Registry Office in the presence of a sworn interpreter. Never accept a transfer of ownership through a lawyer, a notary or through so-called friends or acquaintances!

Legislation with regard to the purchase of real estate by Non-Residents

Private Non-Residents are permitted to purchase real estate in Turkey on the condition that they comply with a few specific regulations.

According to § 35 of the Turkish Land Register, Private Non-Residents are authorized to buy or inherit property in Turkey provided that there is no change of by-laws on a reciprocal basis.

This particular legal regulation consents to the acquisition of landownership by Private Non-Residents.

Restrictions that need to be complied with

1) New! On the 3rd of July 2003 a statutory change was made concerning Private Non-Residents. In accordance with the new Land Register Law §4916 Section 19 Chapter 35 Private Non-Residents are authorized to buy and subsequently pass down property from now on within the municipal boundaries as well.

2) The instructions issued by the Central Administration should be complied with (according to the Law on Tourism Nr. 2634, Section 8/E) and in particular with reference to the areas that are located outside of tourist zones (including these tourist zones) in addition to areas that are located outside of municipal boundaries that are part of these tourist zones as well.

2-1) According to the military Forbidden-Zone-Law Nr. 2565 and the Security-Zone-Law Private Non-Residents are not permitted to buy property in the forbidden military zones of the 1st and 2nd degree and neither are they allowed to do so in military security zones. It is for this reason that it is crucial for Private Non-Residents to check with the military authorities in question whether the property that they are planning to purchase is located outside of a military forbidden zone or a military security zone.

Land Register Registration (TAPU)

A) Passing on power of attorney: The future buyer hands over the power of attorney to the Real Estate Agent who sells the property. This power of attorney will authorize the Real Estate Agent to carry out routine matters such as the registration of electricity, water and telephone as well as carrying out essential procedures for Land Registration on behalf of his client.

B) Application Land Register
(will be sent to the military authorities in Izmir)

C) In order to continue with this procedure the following documents and information are required to be presented:

By the Buyer

• 2 recent passport photos of the Buyer
• 2 copies of proof of identity
• your residential address in your own country and the first name of your father
• New! Your tax number (we will apply for this number locally)

By the Vendor

• 1 recent passport photo of the Vendor
• 2 copies of proof of identity
• addresses of the Real Estate Agent and the Vendor respectively
• New! Tax number

D) Prior to the protocol a sworn interpreter will establish and confirm verbally with you the location and the characteristics of the purchased property. Subsequently you will receive an original copy of the Tapu (proof of ownership). If you wish, you can use the services of our in-house sworn translator and our in-house lawyer to have the Tapu translated and certified

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