Ankara Real Estate Lawyer

Our country has a strategic importance throughout the world due to its location, but also hosts many foreign citizens. Since foreign citizens participate in our lives in Turkey in both commercial and cultural terms, the question of how foreigners will acquire property in our country is raised. As Ankara real estate lawyer, we provide legal services to our foreign and domestic clients in this regard.

In our country, people who will buy real estate must transfer real estate in the Land Registry Directorates before the land registry to sign a “contract of promise of sale” in the presence of a notary is a very important element that protects the buyer and seller. Therefore, in this article, we will examine in detail the acquisition, rental and sale of property by foreign citizens in Turkey.

Acquisition Of Property By Foreign Persons In Turkey

In Turkey, real and legal foreign persons ' acquisition of property is regulated in the relevant article of the Land Registry Law. According to the relevant article, the acquisition of real estate by foreign persons is carried out on the basis of two principles.

• Principle of reciprocity
• Restrictive provisions

According to the principle of reciprocity, sales must also be made to Turkish citizens and companies in the buyer's country. 03/05/2012 adopted Law No. 6302 the reciprocity requirement for the acquisition of real estate by foreign citizens in our country has been removed. Accordingly, citizens of countries designated by the president will be able to acquire property from our country under certain conditions. In other words, after the amendment, a foreign person will be able to acquire real estate on the territory of Turkey, even if a Turkish citizen cannot acquire real estate in countries where foreign citizens are citizens. To find out which countries these countries are,you can get consulting services from Ankara real estate lawyer.

Restrictive provisions may be shown as compliance with provisions relating to the inability to acquire property in military and security zones regulated by law. Foreign real persons must obtain permission from military authorities in accordance with the law on forbidden zones and security zones for the acquisition of real estate. If the territory concerned is a military forbidden zone or security zone, the acquisition of property by foreigners will not be possible. For information about this, you can call or visit our Ankara law office.

Foreigners Can Buy Up To 60 Hectares Of Land

Another important issue is that a number of restrictions have been imposed on real estate acquired by foreign real persons in Turkey. The total area of real estate acquired by foreign real persons in Turkey cannot exceed ten percent of the face measurement of the district subject to private ownership and thirty hectares (300 acres) per person throughout the country. But the president has the authority to double the amount available across the country per capita.

In addition, according to the decision of the president, the face measurement of real estate that foreign citizens can acquire will be no more than sixty hectares (600 acres). With the change before 2012, foreign citizens can buy up to 2.5 hectares of land in Turkey, while now this face measurement can reach up to 60 hectares.

According to the circular published by the Ministry of Environment and Urbanization, citizens of 183 countries as individuals can acquire real estate,  buildings, houses and land in our country, except for military areas, forbidden areas, decommissioned areas of strategic importance, according to certain criteria and interests of the country. However, 183 countries were not specified. Ankara lawyers and Ankara real estate lawyer and Ankara law office assist you with this.

Acquisition Of Property By Foreign Legal Entities(Companies) In Turkey

Acquisition of Real Estate in our country by companies operating in accordance with the laws of their own countries…

Trading companies with legal personality established in foreign countries according to the laws of their own countries can only acquire real estate and limited real rights in accordance with the provisions of the special law. Those other than these trading companies (companies in foreign countries that do not have the conditions to become a commercial company in accordance with the laws of their country) may not acquire real estate and are not granted limited rights in kind in their favor. In foreign countries, it will be possible to purchase real estate in favor of trading companies and foreign nationals who bear the conditions required for a commercial company in accordance with the laws of their country. You can consult with Ankara real estate lawyer on this issue and can visit our Ankara law Office.

Acquisition Of Real Estate In Turkey By Companies Established In Turkey By Foreigners

According to Turkish law, companies established in Turkey with foreign capital may acquire and use real estate or limited real rights to carry out the activities specified in their articles of association.

• If the companies are directly or indirectly partners with another company established in Turkey,
• If the partnership rate of a foreign investor in a company owned by a partner is fifty percent or more
• Foreign investors directly or indirectly acquire fifty percent or more of the shares of companies with domestic capital that own real estate
• If the partnership rate of foreign investors in existing foreign capital companies that own real estate reaches fifty percent or more as a result of the transfer of shares

In these cases, companies can also own real estate. For more detailed information about the sale of real estate of companies, you can contact a real estate lawyer in Ankara or our Ankara law office.

Companies with foreign capital, except for the companies described in detail above, may acquire and use real estate and limited real rights in accordance with the provisions to which companies with domestic capital are subject.

Documents Required For The Sale Of Real Estate

• Certificate of ownership of real estate

• Buyer's passport and photocopy
• Certificate of fair value of Real Estate to be obtained from the municipality where the property is located
• Compulsory earthquake insurance policy for building qualified real estate
• 1 piece of the person who sells, 2 pieces of passport photo of the person who buys
• If the foreign buying does not speak turkish, a judicial sworn translator
• If the transfer is carried out by a power of attorney held abroad, the original or approved copy of the power of attorney (must be a Turkish translation.)

As Ankara real estate lawyer, we provide you with legal support in this regard.

Steps That Foreigners Should Follow In Case Of Purchase Of Real Estate

1. First, it is necessary to be one of the 183 citizens of the country who are not subject to the prohibitions arising from the law that we have explained in detail above and are subject to the circular issued by the Ministry of Environment and Urban Planning.

2. By writing to the relevant Land Registry Office to which the real estate to be purchased depends, you should ask whether the sale of the real estate is an obstacle to the sale of the real estate to a foreign citizen. This information can also be obtained by working with Ankara real estate lawyer on this issue. This information can also be obtained by working with Ankara real estate lawyer on this issue.
3. Both foreign citizens and foreign companies have to submit the project that they will develop in the unstructured real estate purchased for approval by the relevant ministry within two years. The project, approved by the relevant ministry by determining the start and end time, is sent to the land registry office, where the real estate is located, to be recorded in the house of declarations of the land registry. Whether the approved project is carried out within the period is monitored by the relevant ministry. We strongly recommend that attention be paid to this issue. Our Ankara law office provides you with legal assistance in this process.
4. According to Turkish law, the sale of real estate is completed by the seller and buyer in the presence of the relevant Land Registry Office in order to make a valid purchase agreement. The parties are obliged to transfer the property and to make the transfer of the land to be prepared by the relevant Land Registry officer for the completion of the purchase agreement. In addition, foreign individuals, like Turkish citizens, have the right to save on their real estate; they can sell, rent and pledge the real estate to third parties.
5. After determining from the land registry that this property is not prevented from being sold to a foreign national, there is no difference between the principles that will apply to a Turkish citizen and a foreign real person.
6. In addition, when selling real estate, the title deed fee, value increase tax, stamp duty and Notary costs must be paid.
7. Finally, the acquisition of real estate in Turkey by a foreign citizen is not subject to a residence permit. Therefore, a foreign citizen does not need to have a residence permit in the acquisition of real estate.
8. An assessment report is also required for real estate to be purchased when selling real estate to foreigners.

The Case of Foreigners Selling Their Real Estate

We have explained above how foreigners will acquire property in Turkey. In cases where the sale of the real estate occurs in accordance with the procedures we have explained, the foreigner can now establish a pledge right on the real estate located in Turkey, rent the relevant real estate and perform its sale. However, a number of different documents are requested during sales transactions.

These documents;

• Foreign country ID or passport
• Compulsory earthquake insurance policy for building qualified real estate
• Valuation report on relocation (valuation report is valid for three months from the date of application.)
• A power of attorney containing the authority to perform the relevant transaction if the transaction will take place through a representative
• One passport photo

As Ankara real estate lawyer, we assist you in this process. After applying to the Land Registry Office with the relevant documents, there are no restrictions specific to foreigners in this regard, and Turkish laws will apply for related disputes.

Citizens Of The Country That Buys The Most Property In Turkey

• Iraq

• Russia
• Kuwait
• Saudi Arabia
• England
• Iranian
• Afghanistan
• Germany
• Norway
• Azerbaijan

Heritage Transactions Of Foreigners

Inheritance transactions of foreigners are made based on the probate procedure in our laws. If the inheritance remains in an area where foreigners cannot acquire property, it is first transferred to the foreigner, and then the liquidation process is passed. A person who remains immovable to him by way of inheritance must also bear the conditions in accordance with the regulations of people who can acquire real estate in our country. In the process of liquidation of foreign persons, they are also asked to be liquidated if the property was taken illegally or used illegally.

If the owner does not liquidate, the Ministry of Finance begins the process and completes the liquidation process by selling the goods and paying the price to the owner. The rights of the heirs of persons who acquired property in Turkey in inheritance transactions of foreigners, but later died, are also protected under Turkish law. As Ankara real estate lawyer, we provide you with legal support in this process.

Costs For Foreigners To Buy Real Estate

People who want to buy real estate or land in Turkey also have some financial responsibilities. The title deed fee is paid by both the buyer and the seller with the registration of the purchased real estate not being below the fair value from the relevant municipality where it is located.

In addition, fees known as revolving funds in our country are paid to the bank and transactions continue. In addition, the service fee is paid by the buyer to the Land Registry Office during the land registry application. After these transactions, the buyer completes the trade between the seller and the transfer  is completed.

EXCEPTIONAL ACQUISITION OF TURKISH CITIZENSHIP BY REAL ESTATE ACQUISITION

They will invest in the scope and amount to be determined by the president in Turkey, and their wife and children under the age of 18 can exceptionally acquire Turkish citizenship. In 2018, foreigners who buy real estate (such as homes and businesses) worth at least US $ 250,000 (USD) and their spouses and children under the age of 18 have been given the opportunity to gain Turkish citizenship exceptionally.

As a result of the collection of the necessary documents, an application will be made to the General Directorate of Population and Citizenship Affairs associated with the Ministry of Interior. In recent years, many foreigners have become Turkish citizens through investment. As Ankara real estate lawyer, we provide you professional legal services in the process of obtaining citizenship through investment.

First, a person who wants to become a Turkish citizen must buy real estate worth US $ 250,000 (USD). Below, you can see the actions that need to be performed in stages.

ACQUISITION OF REAL ESTATE

A property worth at least $ 250,000 must be purchased. When purchasing real estate, a 3-year non-sale comment should be placed in the land registry.

Instead of the US dollar requested as a monetary condition, the foreign currency or the Turkish Lira equivalent of the same value is sufficient to meet this condition.

HOW TO OWN REAL ESTATE IN TURKEY?

• In order for foreign persons to be the owner of real estate in Turkey, a preliminary application must be made by the land registry directorates first. ( General Directorate of Land Registry and Cadastre )
• After the preliminary application, the day is determined for the transfer of the real estate.
• Application documents must be ready on the designated day.

Application Documents For The Purchase Of Real Estate In Turkey

• Certificate of ownership of real estate
• Passport and photocopy of the foreigner who will buy (with approved Turkish translation)
• ”Real Estate Fair Value certificate " to be obtained from the municipality where the property is located
• Compulsory earthquake insurance policy for housing and workplaces
• 1 photo of the person selling (white background, biometric)
• 2 photos of the buying stranger (white background, biometric)
• Sworn translator if the foreign buying does not speak Turkish
• If the transfer is done by proxy, the original or approved copy of the power of attorney (if it is arranged abroad, the approved Turkish translation)

Fees and expenses for purchasing real estate in Turkey

• Title deed fee (determined by the value of the House.)
• Revolving fund fee
• Cost of service to be paid to the land registry Office

NOTES TO BE KNOWN WHEN PURCHASING REAL ESTATE IN TURKEY

• It should be noted that there are no restrictions such as mortgages, foreclosures, injunctions in real estate.
• A preliminary application must be made to the land registry offices for transfer operations.
• The transfer of real estate is possible with the official promissory note and registration signed in the land registry offices.
• A residence permit is not required to purchase real estate.

Ankara real estate lawyer and Ankara law office help you professionally in the process of obtaining real estate safely.

OBTAINING A SHORT-TERM RESIDENCE PERMIT

In order to cover the process of completing the citizenship application procedures, a residence permit must also be obtained on real estate. In other words, a short-term residence permit must be obtained on the real estate after the real estate is purchased.

DOCUMENTS REQUESTED FOR OBTAINING A SHORT-TERM RESIDENCE PERMIT

• Residence Permit Application Form
• Original and photocopy of passport or substitute document for a period longer than 60 days from the requested residence permit period
• 4 photos (taken in the last 6 months, the background should be white and biometric.)
• Declaration that you have sufficient and regular financial opportunities in the time to stay
• Valid health insurance [insurance period must cover the required residence permit period
• The fee paid to the state and the receipt of the card fee (the fee and card fee vary according to the nationality of the foreigner.)
• Indicates that the real estate  belongs to the person (deed of Title)

For residence permit applications, the foreigner must enter Turkey. This entry can be with a visa or with a visa exemption. Applications are made to the General Directorate of migration administration with the necessary documents. As soon as the residence permit is obtained, Turkish citizenship will be applied.

Ankara real estate lawyer will take these actions on your behalf if you give a power of attorney.

OBTAINING A REAL ESTATE VALUATION REPORT

In order to take advantage of this arrangement, a “Real Estate Valuation Report” indicating the market value of the real estate must be obtained by contacting one of the valuation companies to determine the amount of  $ 250,000 mentioned in the applications for the acquisition of the real estate through sale.

APPLICATION DOCUMENTS FOR TURKISH CITIZENSHIP THROUGH INVESTMENT

The necessary documents are prepared through a lawyer in case of granting a power of attorney to a real estate lawyer in Ankara. If the lawyer is not given power of attorney, it is prepared by the foreign person.  Documents that must be submitted for the purpose of acquiring Turkish citizenship with the acquisition of real estate are listed as follows:

• Application form
• 2 photos (white background and biometric)
• Passport (and notarized Turkish translation)
• A document showing the applicant's credentials (such as birth certificate, Population Registration Certificate)
• Health report
• If the applicant has relatives of Turkish citizens, an example of the population registration of these people
• A document showing the marital status of the applicant
• If the applicant is married, a marriage certificate, an example of a population registration document indicating a spouse and their children
• If the applicant is divorced, the document proving this condition,
• If the applicant has a child under the age of 18 in custody, a notary in Turkey; if he is abroad, a document indicating the consent of the other parent, issued by the competent authorities of the country in which he is a citizen, and an approved Turkish translation of this document
• If only the year of the applicant's birth is known, the month and day are not known, a document obtained from his country to add these dates
• Service fee payment receipt

Before filing an application, Ankara citizenship lawyer,  Ankara real estate lawyer and Ankara law office help complete the documents.

APPLYING FOR TURKISH CITIZENSHIP

In order to obtain exceptional Turkish citizenship, an application is made to the General Directorate of Population and Citizenship Affairs with the necessary documents. In order for the Turkish citizenship application to be completed smoothly, the application documents must be completed in a complete and accurate manner.  Ankara real estate lawyer, Ankara citizenship lawyer and Ankara Law Office serve our clients in this process.

EXAMINATION OF THE APPLICATION

A commission is established by the relevant ministries, the citizenship application is evaluated and submitted for approval by the President. The final decision is made by the President.

INTERVIEW AND FINGERPRINT

At the approval stage, the nearest provincial police department is called to be fingerprinted and interviewed.

EXPENSES FOR APPLYING FOR TURKISH CITIZENSHIP

• Service fees to be charged by the state
• Reporting costs of valuation companies
• Translation costs
• Notary costs
• Charges for documents received from relevant government departments
• Costs of receiving a health report
• Consultation and operational costs to be provided by us