Specific Steps in buying a property

The buying process in Turkey is very similar to that in many other European countries. Turkish Title Deed, called a “Tapu”, is an absolute right of ownership. A Tapu proves that the land has been officially recorded and ownership can not be contested. Unlike many other countries foreigners are able to purchase Turkish property freehold. A major difference is the requirement for a “military clearance”. It is a process that has to be undertaken, to ensure that the buyer is purchasing a property for which they have a right to buy (not located close to military installations). Once the application is made and a photocopy of the buyer’s passport and details of the property are submitted, the approval is granted approximately 3 months later, after which the buyer can complete the purchase. It is possible for foreigners to establish a Turkish company and bypass the military permission procedure.

When a sale is agreed, a purchase contract will be drawn up for the buyer and seller to sign. It is advisable that such contract is notarised, and registered at the Land Registry (This would ensure that the buyer can legally force the seller to transfer the ownership). The level of deposit varies from property to property but as a general rule 10% applies. Property purchased off plan or in construction may have different payment schedules with interim or stage payments common place. At completion, both buyer and seller (or their solicitors/agents) must meet in person at the local land registry office for the transfer of the title deed. This process usually takes place in a day and the solicitor and/or agent will oversee the proceedings. With power of attorney a solicitor can, with the buyer’s authorisation, sign the purchase contract, obtain tax number in the buyer’s name, administer bank accounts for payments and act on behalf of the buyer for the completion process and formalities. Power of attorney can be given to the solicitor in sole or multiple names depending on how many owners names will be recorded on the title deed. If a property is to be purchased in joint names then both buyers must give a power of attorney. Power of attorney can be arranged from the UK. Our firm will assist you through this.

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