Gokce,  Tuesday, 14 October 2014

 

According to Turkish laws, in order to own a property you have to have an official deed and registry that is signed at the Land Registry Directorates. You may sign a “sales commitment agreement” before a notary. Nonetheless, this agreement cannot give you the legal ownership of the property.

Once the owner of the property makes a preliminary application to the Turkish Land Registry Directorate, the process begins. It is compulsory for both the buyer and seller to be present during the entry. If the application is missing listed documents, the file will wait longer. So, it is very important to be well prepared.

The required documents are:

Title deed (TAPU) of the property or information on district, apartment, village and etc.
Identification documents which are translated into Turkish, details of your mother and father’s names.
A document called “property value statement document” which can be provided from the relevant municipality.
The compulsory earthquake insurance for buildings.
One photo from the seller and two photos from the buyer which should have be taken within the last six months and sized 6x4.
A certified translator is required if the buyer cannot speak Turkish.
The original and certified copy of the power of attorney – if the buyer is not in Turkey. If you are going to have a Power of Attorney issued abroad, you should apply to the Turkish Embassies or Consulates in your country.

In order to complete the process smoothly, foreigners are advised to get a good and experienced lawyer in Turkey. By trying to do everything yourself, you may get higher costs, unexpected requests or become a scam victim.

Lawyers prepare the Property Purchase Agreement among the parties. This contract includes information about the real estate, the buyer, the seller, payment details, time period for the transfer of property among parties, the completion date, relevant legal sections and legal references. Once the contact is complete the parties sign all pages of the Turkish contract, and then it is translated into English by a sworn translator. After this, and the deposit is received, the application papers are sent for military clearance. If there is no disagreement, the property goes to its new owner. You do not need to come back to Turkey just for signing the deeds, but a notary in your home country may appoint a lawyer to sign the documents on behalf of your deeds.

The process is not so complicated, but a well experienced and knowledgeable lawyer with satisfying legal ability will be your best guide in the documentation and contract process.