We recommend IYIDOGAN INT'L. LEGAL SERVICES because the firm adopts a pragmatic approach ensuring all clients receive the legal assistance necessary to achieve their objectives in Turkey and globally. Practice and sector teams work collaboratively to meet the requirements of each deal. We believe they offer reasonable fee for smooth and rapid service with close working relationships with their clients.
Purchase Process In Turkey
The below information is provided by IYIDOGAN INT'L. LEGAL SERVICES/ IYIDOGAN LAW OFFICE for our clients as a guide to how the purchase process works in Turkey.
Legal Searches
Checks are carried out to ensure there is a building licence and planning permission in place, and also at land registry office checks are made against the title and current owner of the property to ensure:
- Easement rights
- Mortgage or hypothec
- Tax debt
- Liens
- Debts or charges
- Freehold or not
Reservation Agreement & Deposit
A reservation agreement is completed and a deposit paid in order to secure the property in the client’s name at the agreed price and terms of sale.
Purchase Contract
If a reservation agreement exists this will include terms and conditions of all parties and we will draft the purchase contract in accordance with this.
If there is no reservation agreement, we will compile the necessary information including the requests of all parties together with agreed terms and conditions and draft the purchase contract accordingly.
If a purchase contract already exists, we will review this to ensure its content is satisfactory on behalf of the client and that the necessary legal clauses are in place to protect the client.The purchase contract will be drawn up in dual language depending on the nationality of the client.
The purchase contract will include:
- Details of the property
- Sales price
- Completion date
- Penalty clauses for all parties
- Guarantee clauses
- Technical specifications
Arranging Power of Attorney
In order for a lawyer to represent and act on behalf of a client Power of Attorney must be obtained. This document should include:
- Purchasing property in Turkey on behalf of the client
- Signing contracts related to the purchase on behalf of the client
- Opening a bank account in Turkey *
- Obtaining a tax number
- Obtaining military clearance from Aegean Army
- Transferring the title deed
- Utility connections *
- Representing the client in the Turkish Court if necessary
* If requested by client
To obtain Power of Attorney, a document will be provided by us giving instructions on how to arrange from overseas, alternatively it can be arranged whilst in Turkey at the Notary Public.
Military Permission
A foreign national who’s country reciprocates Turkey’s rules of foreigners owning a property can own a property in Turkey. However, under Turkish law all foreign nationals must obtain approval from the Aegean Army and this is known as Military Permission. As well as checks being carried out on the person buying the property, the Aegean Army also carry out checks on the property being purchased to ensure that it does not fall under the category of:-
- Military zone
- Protected Area
- Registered forest
- Village without cadastral division
DASK (Earthquake Insurance)
This is a compulsory insurance policy covering the risk of earthquake and is applicable to all property purchases. Title deed transfer cannot take place unless a valid DASK is presented at Land Registry Office.
Title Deed Transfer
Once Military Clearance has been granted and all necessary stages of the purchase process are completed, the title deed is transferred to the buyer’s name at Land Registry Office. The seller and the buyer (or buyer’s legal representative with Power of Attorney) must be present at title deed transfer. At this stage, purchase tax of 3.3% of the declared property value is payable and in some cases this is shared by the buyer and seller (1.65% each).
Purchase Related Fees Military Clearance: Variable (depends on which Municipality we must apply to) Notary Expenses: £200 Approximate * Purchase Tax: Variable (will be 3.3% of the declared value of property)
* Applies to if Power of Attorney is arranged at Notary Public in Turkey, if arranged from overseas fees may differ.
You can contact him for more details
Att'n.Celil IYIDOGAN, LL.M
IYIDOGAN INT'L. LEGAL SERVICES BODRUM/ISTANBUL/IZMIR/ANKARA
Address: 249/2 Turgutreis Cad. Avni Kaya Is Merkezi Bodrum TURKEY
TEL :+90 252 313 52 56
FAX:+90 252 313 52 56
MOBILE:+90 532 709 98 87