Using an Independent Lawyer When Buying Property in Turkey

As a Property Superiors, we pay special attention to the participation of independent lawyers

Choosing an independent real estate lawyer in Turkey can provide peace of mind throughout the buying process. We believe that attorneys close to the seller are not objective enough, and at Property Superiors we place a strong emphasis on the involvement of independent attorneys.

When buying property in a foreign company, the question often arises: "Do I need a lawyer to buy property in Turkey?" Here you will find a compilation of important legal aspects related to buying real estate in Turkey and the advantages of legal advice.

Recently, real estate in Turkey has gained a lot of importance in the world. Foreigners eager to settle in a peaceful country with both commercial and admirable natural surroundings have their sights set on Turkey. Additionally, Turkey’s regulations allowing foreigners to acquire Turkish citizenship by investment is another major reason why foreigners are showing interest in Turkish real estate.

However, foreigners who intend to buy property in Turkey may have some basic questions. A common question every buyer has: Do I need a lawyer to buy property in Turkey? Here you will find a compilation of important legal aspects related to buying real estate in Turkey and the advantages of legal advice.

Legal Aspects of Buying Real Estate in Türkiye

Properties in any country are always operated in accordance with local government regulations. You should thoroughly understand them before making any decision to buy property, especially abroad. The guidance of a personal real estate lawyer can go a long way in making the process of buying a property in Turkey a smooth one.

Here are some legal aspects of buying property in Turkey that everyone should know:

Land Registration Act

Regardless of the type of property – residential, commercial, agricultural or industrial – the purchase of property in Turkey is governed by Law No. 2644 of 2012. This is also known as the Land Registry Act.

Turkish Property Law

Owning property in Turkey is subject to the legal restrictions set forth in Article 35 of the Turkish Constitution. Rules vary depending on the nationality of the buyer and the type of property being purchased. You should be aware of regional planning, citizenship restrictions and your personal eligibility under Turkish law.

Turkish Civil Code

Article 633 sets out important criteria to be followed by foreigners when registering land and property in their name in Turkey. The registration aspect is crucial, especially for foreigners buying property in Turkey.

Absence of public notary

Property in Türkiye looks different when it comes to the notary process. Generally, in most European countries, property owners and potential buyers contact a notary for the transfer of name. The assignment of the new title deed is done by a notary who will handle the "Deed of Assignment" to the buyer. This completes the entry in the land register.

However, in Turkey, property registration is not done by a notary. Instead, authorized officials from the Land Registry Department will be in charge of the entire process.

This Needs:

• The buyer and seller of real estate must be present in person when the property is registered.
• If the buyer cannot be present in person, a legally authorized person can complete the process on their behalf as long as they have a notarized deed.
• After the property has been successfully registered, the buyer will receive a proof of ownership, in other words a title deed in Tapu in Turkish.

Legal Restrictions for Foreigners Buying Property in Türkiye

As a foreign investor looking to buy property in Turkey, you should be aware of the following restrictions:

• As the first step in buying property in Turkey, you should check the eligibility in your country. You can obtain this information from your embassy in Turkey or from a personal real estate attorney.
• Foreign investors wishing to buy property in Turkey are subject to certain regulations, which they can find at the Turkish embassy or consulate in their home country.

In addition:

• You cannot buy military or government owned property.
• As a foreigner, you can purchase up to 600 acres of land in Turkey. This number will vary over time, and real estate attorneys offer roughly the same amount of better legal assistance.
• If you are buying land in Turkey to build your own project, you must submit project plans for approval two years before construction begins. The Turkish ministries will review this, assess the purpose of construction and issue approval accordingly.

Buying Property in Türkiye Needs a Lawyer

Turkish real estate has attracted attention in recent years, and for all good reasons. In addition to offering luxury residential and commercial real estate at prices you would have to pay in other countries, Turkey has much more to offer foreigners.

If you are considering buying property in Turkey for investment or for settlement and retirement, then you most likely should not be new to the real estate industry. Then you might be wondering why you need a lawyer to buy real estate in Turkey.

Here are good reasons why real estate experts and lawyers recommend that you seek the help of a Turkish real estate lawyer, especially if you are a foreigner interested in buying property in Turkey.

Easy Paperwork

Buying Turkish property involves a lot of paperwork, usually in Turkish. As a foreigner, you may find it convenient to go through this process when hiring an English-speaking real estate lawyer for Turkey.

Safety

If you are buying a piece of land in Turkey to start your project at a later date, the whole process will definitely take some time. At the same time, many changes may occur socially, economically or commercially. Having legal counsel with you can rest assured that such changes will not affect you.

In some other cases, when you buy a property that is under construction, the builder may delay the final delivery of the property. As a foreigner, it may not be feasible for you to travel to Turkey frequently to deal with such issues. Things will run smoothly if you have a legal representative who can represent you in real estate matters.

Due Diligence Process

Turkish real estate regulations require foreigners interested in purchasing property to be present and view the property in person before making a purchase. When buying property in Türkiye, this is called due diligence. This stage is important because at the end of this stage, potential buyers are provided with a comprehensive report on the property. The report helps to know if the property has no previous legal issues or if there are outstanding payments etc.

If you are a foreigner and unable to conduct such mandatory visits in person, you can conveniently seek help from your real estate lawyer in Turkey.
deal with a real estate agent

Choosing a reputable real estate agent is crucial, especially when shopping abroad where you have language restrictions and are not fully familiar with local regulations. Any mistake in choosing a real estate agent can lead to debt and break your spirits.

Exploitation or unnecessary delays by real estate agents cannot be ruled out. You can handle all of these aspects when you have a trusted legal advisor by your side.

Deal With Taxes

Foreigners who buy and own property in Turkey may be required to pay taxes at various stages. For example:

• Taxes when buying property – including transfer fees, VAT and stamp duty
• Taxation after owning a property - rental income tax, other income tax from Turkish sources
• Taxes related to property ownership - property tax, housing tax, agricultural property tax, commercial property tax, etc.
• Taxes related to the sale and inheritance of real estate – capital gains tax, inheritance tax, etc.

With a reliable independent real estate lawyer in Turkey, your process from buying to maintaining your property remains easy.

How else can a lawyer in Turkey help?

With the power of attorney you entrust, a Turkish real estate lawyer will help you through every step of buying a property in Turkey. They help:

• Procurement contract review
• Sign documents on your behalf
• Check property clearance
• Help signing and third-party verification
• Ease language barriers and communication
• Assistance with writing wills and property transfers
• Provide general legal advice as appropriate.
• Choosing an Independent Real Estate Lawyer in Türkiye

Now that you have a good understanding of why you need a real estate lawyer in Turkey, your next step should be to choose a personal real estate lawyer who is not affiliated with the real estate agency you are dealing with. This will help you in several ways:

• You can consult various personal attorneys to find out their fees and the services they provide.
• You can be sure the lawyer is working on your behalf because he has no direct relationship with the real estate agency.
• In addition to real estate transactions, you can gather more information or use a lawyer for any other personal legal assistance

Find the right help when buying property in Türkiye

Investing in real estate and owning a property can be a dream come true. Properly planned and executed under professional guidance, real estate transactions can run smoothly for us. Foreigners should be especially cautious when investing in other countries. And this is where the advice of a professional lawyer can go a long way.

Choosing an independent real estate lawyer in Turkey can provide peace of mind throughout the buying process. The information presented here is for educational purposes only and should in no way be considered a substitute for professional legal advice. Proven Turkish real estate lawyers will use their legal expertise to help you through the process.