IMPORTANT POINTS ABOUT BUYING A PROPERTY IN TURKEY!
Buying or renting a property in Turkey is not as difficult or as complicated as you might imagine.
Below are many of the questions that we are asked frequently with their answers to put your mind at rest.
Please also see our web pages for details on living in Turkey page for other useful information.
ANSWERS
1.What nationalities are permitted to purchase a property?
Turkey has a reciprocal agreement for the purchase of land and property with many countries. This means that the people of these nations that allow Turks to buy land in their countries, can in turn, buy land in Turkey. Foreigners may purchase in their own name providing the property is outside military zones. Based on these agreements foreigners of the following countries are eligible. England, Germany, Australia, Austria, Belgium, France, Holland, Ireland, Spain, Italy, Canada, Luxemburg, Norway, Greece as well as some African and South American states.
2.Are there any restrictions about buying property?
Foreigners may purchase land and property in Turkey in their own names provided that properties are located in towns and you do not need a Turkish "partner" to buy a property in Turkey. There must be a municipality in the area where the property is and the property must be within the boundaries of that municipality or borough. The rules are changing and the purchase of property in these areas is becoming easier for foreigners, Should you decide to purchase in such a place then we would make the official checks at the land registration office to confirm that the sale is possible. Prior to recent changes in the law foreigners were unable to buy land or property in "village" areas but the situation has changed and it is now possible. We have had much interest in these houses, the majority of which need renovation but are set on large plots of land in beautiful scenery. No matter where the land or the 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 reasons for this are to ensure that foreign buyers will not acquire a property within military zones. Although you may be willing to and prepared to pay the price immediately, there is no way a purchase can be made without obtaining the required permission. No land or property within forbidden regions and safety regions can be sold, transferred or rented. (Forbidden regions - Military zones) If you plan to buy a plot of land lager than 30 hectares (about 74 acres) you will have to have the Council of Ministers approval. If a house is sold from Turk to Turk then the purchase, sale and exchange of monies transaction can be completed within 24hours. So, in some circumstance a house owner may ask for a larger than 10% deposit because by selling the house to a European then the house-owner will have to wait a further 8-12 weeks for the remaining monies, as the balance is payable upon delivery of the TAPU to the land registry office, registered in new owners name and the process takes this long.Finaly you must be very cereful on 'not to buy a house without the title deed(tapu) and building certificate(iskan) garanty and please allways insist on to get notary selling contract.
3.Is the property I buy Freehold? Yes, all properties sold by BERK EMLAK are Freehold.
4.Do I have to have a Residents permit to rent, purchase land or property in Turkey??
No, the amazing thing is that you can buy a house but not a car without a residents permit. If, however at a later date you want to buy a car or have a telephone connected then you will need this. An initial tourist visa is valid for 3 months and allows you to come and go, as you want within those three months. Within this time if you re-visit you do not need to pay for the tourist visa once again. Prior to the end of these 3 months an application can be made to the Police in Manavgat or direct to Antalya for another 3 months. This is usually approved. Alternatively you can leave the country and travel to a Greek island by boat for a day trip and your passport will be stamped for another 3 months. You can then apply for a resident's permit, which can be valid for 6 or 12 months. You must show proof of 1$100 per month in the bank for every month of the permit you want issued e.g. 12 months= $1,200. A 5 years residents permit can be applied for from the Turkish Consulate in London at the cost of 1.800 Euros and more recently (June 2004) visitors using a 3 months tourist visa have upon application at the end of the 3 months been readily granted a 1 year Residents permit from the Antalya or Manavgat office. (With bank statement as proof of monies in the bank). Another alternative would be to apply for the yearly visa, again though the Turkish Consulate in London.
5.What has to be checked prior to the purchase?
These are checks, which we carry out on your behalf. Each property that we sell has had the existing TAPU checked to confirm the following by a solicitor through the Land Registry office. 1. The seller has the legal right to sell the property and that they have the TAPU (TittleDeed)
2. That the property is legally available for sale.
3. That the property is within an area available for foreign purchase.
4. That there are no outstanding rental, lease agreements or mortgages on the property.
If you are not buying a property from us you should never buy without having the TAPU checked by a solicitor who explains the full implications of it to you. Many of the horror stories you hear are true and usually only happen when a property is purchased without an agent and a solicitor being involved and explaining the TAPU to the purchaser.
6. .How long does the buying process take?
Where the owner of the property is already a foreigner and the checks and searches have already been carried out the whole procedure takes only a few weeks. However in normal circumstances from the time you pay your deposit until the Title Deeds (TAPU) arrival at the local Land Registration office it takes between 8-12 weeks. We can in fact complete the purchase documentation, the signing of the contracts at the Solicitor, a copy of the purchase contract and the obtaining of the Power of Attorney within a couple of hours of seeing a property that you wish to purchase. The documents which include the existing TAPU are then delivered to the Land Registry office in Izmir for control and here they stay until all checks are made and then upon their return we will contact you, usually 8-12 weeks later.
7.On top of the purchase price, are there any extra taxes or fees payable?
Yes, There are some extra costs.
1. A 3% of the property value tax. This is a once off payment and it is due for payment once the TAPU is received. Please ask for more details.
2. The solicitor's fee starts from £200.00 pounds and is charged as a percentage of the total house land price and dose not purchase, includ any modernization/ renovation work.
This covers a meeting with him, the preparation and signing of contracts and his services throughout the purchase. Please be prepared with your passport and 8 photos for your meeting with him.
He will also accompany you to the Notary's (Commissioner of Oath's) office as your official translator.
3. An approximate 100 million Notaries Charge for giving us the Power of Attorney to handle the documents relating to the property in your absence.
4. A 3% agency fee that covers all our charges. This is payable at the time that the contract is made, together with the initial deposit payment on the property
5. It is compulsory to have earthquake insurance and we recommend you take out Full insurance home and contents cover as soon as the house is registered in your name.(the cost of this varies depending on the value of the property, it's contents for the number of months it will be occupied.)
6. Earthquake tax and insurance (compulsory). We recommend you take out full insurance with home and contents cover as soon as the house is registered in your name. The cost will vary dependiing on the property value, it's contents and the number of months that it will be occupied. Approximately £150
7. The connection of Water and Electricity into your name so the bills will come directly to your house. Does not apply to some sites.
This is an idea of costs for the purchase of a property of £50,000
Property price £50,000
Tax @ 3%. £1,500
Solicitor..... £500 (?. not compulsory)
Notary's fee £110
Agency Fee @ 3% £1,500
Full insurance (incl. earthquake cover) £150
Utility Connections ..................£180
TOTAL £53,940
Once you have received your TAPU there are some other charges, which need to be paid. We estimate annual costs per property to be as follows:
Electricity £120
Water / Sewage £50
Gas £25
Rubbish removal £10
Site maintenance £200
DigiTurk Satelite TV £150
Council tax £15
TOTAL £570
It is not necessary to pay anyone to pay bills. Electric can be paid by automatic standing order once you have a bank account. (We can advise you how to do this) Water bills are intermittent and likewise your council tax can be paid when you visit annually.
8. Once I have seen a property I want buy, how do I go ahead with the purchase?
You will need to have your passport with you during the following transactions. Once you have seen a property that you would like to purchase you will need to find the deposit. This is payable by cash or credit card - Personal cheques are not accepted by banks here in Turkey. An initial payment of 10-20% of the property price is required. The exact figure will be confirmed individually with the house owner at the time of purchase. When this is paid a receipt is given.the amound received is written into the contract. Photographs are also required; we can take these at photographers who are located near the solicitor's office (approx £4 for 8 photos). You will have to take ' tax number'. Tax registration number can be taken from the Serik Tax Office, in later stage it will be given to the Land Register Office and also to the Bank. We will then, as soon as possible, take you to the Solicitor in SERiK who will prepare the purchase contact. He is there to help you. You are paying for his services so please use this time to ask any questions you may have. ( WE also can help you for to prepare purchase contract. This will reduce the Solicitor cost.) From the solicitors we go together to the Notary's office (similar to Notary public in the UK) to sign a document giving us power of Attorney for the property, not for money. This enables us to continue with obtaining the Title Deeds in your absence. Then we return to the solicitors office, where the sale contract showing the property address and payment details will be signed by you the purchaser(s) and ourselves
The initial stage has been completed and you do not need to be present for any more of the purchase transaction. You will take the original contract, copy of the power of Attorney and a letter from us confirming all details with you back to your home with you. The same day or the next day your papers are forwarded to the Land Registry office for all documentation relating to the purchase is then forwarded to the Land Registration office in Izmir. Here everything is checked and then the title deeds (TAPU) are re-issued in the new owners name and forwarded back to the local Land Registration office who, in turn contact us. We will normally advise you of this initially by telephone and E-mail. At this time we will need you to pay the final balance plus the 3% property tax. Upon receipt of this we can then sign for and collect your TAPU from the Land Registration office on your behalf and this will then be held in the office pending your next visit and collection.
9.If my property needs renovation or other work how does this affect the process?
Some people prefer to wait until the TAPU arrives to show official ownership before any work starts. Costs will be confirmed in writing and normally 50% must be paid prior to the start of work and the remaining 50% upon completion.
10. How can the payment be made for the purchase of a property?
Initially a deposit of 10-20% of the agreed purchase price is required in order for the purchase to go ahead. If this much can not be paid whilst in Turkey an available amount can be paid and an option given on the property pending receipt of the remaining monies upon your return to your home. Money can be sent by "money order" from any Thomas Cook branch, which guarantees arrival within 24 hours. Alternatively an emergency bank transfer or Money Gram by Western Union can be made and this can take between 3 and 5 days to reach us. Upon arrival of the TAPU back from Izmir the balance payment and tax are due, these can be Bank Transfer. There is no need for you to return to Turkey, at this time unless you wish.
11. Can the property be re-sold and, if so, can the proceeds be taken out of the country?
The sale of the property is unrestricted and yes, the proceeds of the sale can be taken out of Turkey.
12. Do normal inheritance rules apply to the property?
The Turks cannot do what they want with their property when they die. International rules apply. As a European you can dispose of your property in whatever way your natural law allows, but you must make a will to make this happen. If you don't make a Turkish will your English will is treated as valid in Turkey and used to distribute your estate. This will and any other should be modified to accomodate a will made in Turkey.
13. Can I import my furniture or car into Turkey with me?
Yes, you can import all household goods but, the expenses are so high for transportation, tax and bonds that we recommend buying new in Turkey.
14. What proof should I have that my purchase is complete?
The "TAPU" certificate is your proof that the property is in your name at the property record office.
15. Should I insure my property?
Insurance against the risk of earthquake is compulsory but relatively inexpensive as the main earthquake zone is some distance from the region of Side. It is both possible and recommended that you take out a multi-risk household insurance policy.

info@berkimmobilien.com