BUYING PROPERTY IN TURKEY

If you are interested in buying property in Turkey , you can do so. Yes, British citizens can buy property in Turkey , but not without certain restrictions.First of all it must be understood that Turkish laws are quite different from English and Scottish Laws, and thus conveyancing is done in a way which we are not used to in our country. In fact, we can say that the Turkish system is very like the French system where the transfer of title to a property has to be done by entering the transaction in the log book of the deed office of the particular town. The piece of paper that Turkish people call the "deed" is not actually the deed in the British sense; it is the document which shows the owner of the property the date it was issued by the deed officer. Therefore, the title to the property cannot be transferred by just passing this document over to the prospective buyer.

When you want to buy a property, you or your proxy will have to visit the deed officer, together with the seller or his/her proxy, and declare your intention to purchase. All the proceedings with the deed officer must be under oath and in Turkish, through an interpreter if necessary. Only after the buyer and the seller have both signed the official sales contract, will the deed officer enter this transaction into the log book, and also register the buyer's name as the new owner. You will then be given this document which will show that at that particular date you have duly bought he property.

Restrictions:

1. Foreigners cannot buy property in the small administrative units called villages. In Turkish, the word for village is "köy". No matter how attractive the offer may be, you must know that it is impossible - unless of course the law is amended.

2. If you intend to buy a plot of land that? is larger than 30 hectares (about 74 acres) you will have to have the Turkish Cabinet of Ministers' approval.

3. No matter where the land or house may be situated if the buyer is a foreign person, the deed office has to officially ask the prior approval or permission of the highest military command of the area before transferring the title. The reason for this is to ensure that foreign buyers will not acquire a property within militarily sensitive zones. This means that even though you might be willing and prepared to pay the price and buy the place immediately, there is no way that this can be done before getting this permission which may cause up to three months delay.

Frequently Faced Problems

The most frequently faced problem is that when British citizens want to buy a property, the sellers will not agree to wait and reserve the property for them until the military command's authorisation is obtained.

Another problem that can be faced is the restraints and servitudes. Before buying any land or house, all such restrictions on the property must be known. Since buying a property with restrictions will most probably cause future problems, it is not advisable to do so.

Sale of Property owned by Foreigners

Sale of property owned by a British citizen to a Turkish citizen causes no problem. No permission is required for such transactions. However, if the buyer is going to be another foreigner, the rules and procedure stated above apply.

The foreign seller of the property can according to the current rules and regulations transfer the proceeds of this sale back to his/her country.

Conclusion

It must not be forgotten that all the information stated above are correct as of the date this document is drafted. Therefore, we strongly recommend you to take legal advice before taking any steps.