We are with you from the beginning to the end of your deed transactions, just as we help you in all your real estate work.
If you want Art Alanya to take care of these transactions on your behalf, all you will need is to provide us with a power of attorney. We will then forward the necessary documents to the Land Registry Office. You can rest assured that we will fulfill all our responsibilities to avoid any disruptions or delays. If you do not choose this service, the collected documents should be taken by the buyer and seller.
There are three different concepts of foreigner regarding the acquisition of real estate in Turkey:
Foreign natural persons: They can purchase an unlimited number of residences and workplaces, up to 30 hectares of land or fields throughout the country, excluding real estate in military forbidden zones. If there is no structure on the purchased land, a project should be developed here within two years after the purchase.
Foreign legal entities: Commercial companies with legal personality established in accordance with the laws of a foreign country can acquire real estate and limited real rights as an exception. This exceptional situation is only possible if it is stipulated by the special law provisions specified in international agreements or laws such as the Turkish Petroleum Law No. 6491, the Tourism Encouragement Law No. 2634, and the Law on Industrial Zones No. 4737. Foreign legal persons (foundation, association, cooperative, community, etc.) In addition commercial companies cannot acquire real estate and limited real rights cannot be established in their favor.
Turkish companies with foreign capital established in Turkey: These are Turkish companies with legal personality, established in Turkey to carry out the fields of activity specified in their articles of association, in which foreign nationals hold fifty percent or more shares or have the authority to appoint and dismiss members of the board of directors. These companies can acquire real estate and limited real rights. For this, they must first apply for permission from the government of the place where the immovable is located. As a result of this application, the company and the land registry directorate are informed in writing by the governorship so that the registration process can be carried out.
How many names can be written on the deed?
A property can be owned by one person or more than one person. There is no restriction on how many people a real estate can belong to.
How can minors under the age of 18 own property?
Real estate can be purchased on behalf of children under the age of 18. In accordance with the relevant articles of the Civil Code, persons under the age of 18 cannot perform official transactions. In their place, real estate registration is made in the name of the child, with the signature of the child's parents, and the title deed is issued. If the parents are divorced, or in the event of the death of one or both of the parents, title deeds can be carried out by the child's guardian appointed by the court.
How many types of title deeds are there?
There are three types of title deeds in Turkey.
Condominium title deed: Private property title deeds related to the buildings that are completed and opened to settlement and the sections suitable for use in these buildings such as floors, flats, business offices, shops, stores, warehouses, land share and common use areas in the main real estate. You can get a loan from banks or establish a mortgage in favor of banks while purchasing this title deed or later.
Land title deed with servitude: It is the title deed given for the projects that have just started to be built on land or for the structures that are currently under construction. As a property owner, you can take out a bank loan or establish a mortgage in favor of the bank on the land registry.
Shared deed: Deeds showing the partners of an immovable property are called shared deeds. In this type of deed, you can see the number of owners and who the owners of the real estate are. On the other hand, it is not clear which partner owns which division.
How can foreign nationals buy real estate in Turkey?
Now foreign nationals can buy real estate under the same conditions as Turkish citizens. Foreign national buyers are also not required to obtain a residence permit from Turkey. They can buy all kinds of complexes, apartments, villas or plots from Turkey. The real estate to be purchased by a foreigner who will only buy real estate in Turkey should not be in the military forbidden zone. Deed transactions may take up to 2 to 3 weeks depending on the density of the land registry offices.
You can do your deed transactions yourself or your representative appointed on your behalf through a notarized power of attorney. If the transaction regarding real estate is desired to be carried out with a power of attorney issued abroad, these transactions can be carried out by means of Turkish power of attorney to be issued in Turkish consulates or by the authorities authorized to issue power of attorney in the relevant country in the local language, with photographs, cold stamped issued in accordance with the requested procedure.
Powers of attorney to be issued in countries that are party to the Hague Convention must be certified with an APOSTILLE annotation. The power of attorney issued in one of the countries that are not party to the Hague Convention, however, must be approved by the Turkish Consulate with the signature of the official in the power of attorney through the office to which he is affiliated. Apostille annotation is not required for Turkish power of attorney to be prepared by the Turkish consulate. These powers of attorneys from abroad, with annotated apostille or approved by the Turkish Consulate and prepared in a foreign language, can be used by the proxies in the transactions to be carried out at the land registry offices after their translation in Turkey and approval by the notary public.
Art Alanya works with sworn translation offices that serve not only in common languages, but also in many rare languages. We will be at your side with the fastest and most efficient translation services.
Required documents for title deed transfer
Note that required documents vary depending on the type of transfer.
The documents required from the buyer are:
- Original and photocopy of identity card
- 2 photos
- If a proxy is going to act, a power of attorney document
The documents requested from the seller are:
- Original and photocopy of identity card
- Original and photocopy of deed
- Document from the municipality that there is no tax debt
- Compulsory earthquake insurance
- Power of attorney issued by the landlord, if any.
- If the transaction is between the family, a passport photo taken in the last 6 months
How does the transfer of title take place?
All documents required from the buyer and seller for the transfer of title are collected.
These collected documents are forwarded to the Land Registry Office.
On the transfer date determined by the Land Registry Directorate, the buyer pays the entire price and issues the title deed.
When a foreign national receives a title deed from our country, the deed transactions may take 3 to 5 days in relation to the banking processes of that country.
What are the documents required for the sale of real estate to foreigners?
When foreign nationals purchase a real estate in Turkey, they are required to obtain a Real Estate Appraisal Report from licensed independent appraisals approved by the CMB (Capital Markets Board), which shows the value of the real estate.
In addition, the Central Bank is obliged to exchange foreign currency in transactions in which foreigners are buyers. In real estate purchase transactions, foreigners will first have to sell their foreign currency to the Central Bank through the bank and then submit the Foreign Exchange Purchase Certificate issued by the bank to the land registry office. This practice has entered into force as of January 24, 2022 and foreign currency purchase certificate is required for real estate acquisitions by foreign real persons.
The documents required for the purchase of real estate are as follows:
- TR IDs of the buyer and seller, passports of foreign nationals (if they are issued in an alphabet other than the Latin alphabet, notarized translation)
- Color passport photos (6x4cm, taken within the last 6 months)
- Tax numbers
- Fair Value to be taken from the municipality (If the real estate has a debt to the municipality, the municipality collects the receivable during the receipt of the document from the municipality.)
- Expertise Report
- Currency Purchase Certificate
- Identity Declaration form
- Power of attorney, if any, and the identity or passport of the proxies
- Identity information of the sworn translator
After these documents are delivered to the Land Registry Directorate, the Data Preparation and Control Operators in charge of the directorates prepare the official deed that will ensure the transfer of title. After depositing official fees such as trading fees (4% of the current value), revolving funds, the buyer-seller parties sign the official deed in the presence of a sworn translator and the title deed is transferred.
If the original deed is lost, there will be no loss of rights. A new title deed for the same real estate can be obtained by applying to the land registry office to issue a lost title deed.
Art Alanya will be by your side and support you during the preparation of all title deeds and during the deed transfer phase.
What are the costs to be paid for the purchased property?
- Foreign national buyers are required to submit an appraisal report approved by the Capital Markets Board (CMB) for real estate purchases in Turkey. Such a report can be completed and delivered in a day or two. This report is approximately 3,000 TL.
- A 3% purchase-sale fee will be paid over the current market price received from the municipality.
- The Revolving Fund fee of the Land Registry and Cadastre Directorate is 675 TL.
- There is also a Sworn Translator fee. The price depends on the language and the number of properties bought. The average is 1000 TL.
If you request assistance from us after receiving your deed, we can still perform the subscription process on your behalf and even help you choose the furniture for your home.