Turkey Property Buyers Guide
The system of property ownership in Turkey is based on the title of the
property being registered at the Land Registry.
Who Can Own
Turkey Property ?
First the ‘reciprocity principle’ must apply between the country of the
person wishing to obtain acquisition of ownership. Download full list
...
[
Back to Top
]
--------------------------------------------------------------------------------
Selling
Property in Turkey?
Capital gains made from the sale of a property will be taxable in Turkey
if the owner is a Company. Individuals do not have to pay capital gains,
provided they have owned the property Kusadasi for five years. In the UK
capital gains may be taxable depending on the individuals situation.
Current tax conditions were originally agreed in a double taxation
treaty signed in 1986. These were amended in October 1988 and cover the
reciprocal agreement in relation to income tax and corporation tax in
Turkey and income, corporation and capital gains taxes in the UK.
[
Back to Top
]
--------------------------------------------------------------------------------
Legal Information ?
The ownership is anchored in article 35 of the Turkish Constitution.
This article stipulates that anyone is entitled to ownership and that
these rights can only be restricted by other legal stipulations. The
restrictions may consist, for instance, of zoning schemes, restrictions
applicable to foreigners and matters such as having the right of way.
The ownership regulations are elaborated in the Turkish Civil Code. This
describes how ownership is acquired. For the purchase of real estate by
a foreign person, especially the entry in the land register is
important.
In Turkey there are regional directorates of the land register in 15
places, which are subdivided in provincial or district offices. In
principle, the land register is accessible to everyone.
In Turkey the ownership of real estate is obtained by entry in the land
register (article 633 Turkish Civil Code) and the simultaneous delivery
of the real estate. These two steps must be taken in the way described
in the Turkish Civil Code; moreover, all formalities must be fulfilled.
Any non-observance of the formalities will result in failure to acquire
the real estate, which in turn causes great disappointment to both the
buyer and the seller.
Acquiring real estate in Turkey involves many regulations. Not only must
formal regulations be taken into account, but foreign persons must also
heed the various legal exceptions to acquire real estate.
As more and more foreigners wish to have a pied-à-terre in Turkey and
more and more firms set up subsidiaries in Turkey, we recommend carrying
out a thorough investigation beforehand.
The zoning scheme, the antecedents of the selling party and the legal
restrictions imposed by the Turkish legislation are aspects that should
be approached objectively and professionally.
ABC Team may offer valuable assistance in this investigation. Indeed,
many of our clients’ problems could have been prevented by having an
objective and thorough investigation carried out.
With over 10 years of experience in Turkey we have become experts on
this particular issue. All of our consultants have excellent oral and
written command of the Turkish language, thus minimising any
communication problems and enabling us to explain the contents of
official Turkish documents to you.
If you should have any further queries, would like to receive additional
information, or are interested in a personal conversation, please do not
hesitate to contact
[
Back to Top
]
--------------------------------------------------------------------------------
Frequently Asked Questions
1) What can I buy?
Freehold property of land may be purchased by most foreign nationals,
from a Turkish national or another foreigner, provided the property is
in the local district "Belediye". ABC Real Estate - Kusadasi Turkey
holds a full list of those countries who have reciprocal agreements
regarding property purchase with Turkey. We can also show the exact
locations of these municipality areas.
B) If property or land is outside the Belediye long leases can be
arranged. ABC Real Estate uses a leasing facility designed by two of
Turkey's largest banks, Koc Bank & Garanti Bank. The property is
purchased in the banks name who then lease it to the purchaser. The
lease can subsequently be transferred to a third party if he/she wishes
without restriction.
2) How do I pay for it?
It is advised that funds for the purchase should be transferred into the
country through a Turkish bank and specifically identified for that
purpose. The foreign currency should be sufficient to cover both the
purchase cost plus other costs incidental to the purchase. You should
keep all receipts to prove the original purchase to enable easy
repatriation. A recent decree aimed at aligning Turkey's currency laws
with the EU states that importation of foreign currency is free, it
cannot be subject to any legislation and it's origins cannot be
questioned. Decree 32, August 1989 Article 4.0.
3) Are there extra costs?
Yes, with some purchases from developers all costs (excluding lawyers
fees) are included, but with individual properties and some small
developers only the purchase price is shown. This is always made clear
on promotion material. The extra charges involved for a freehold or
leasehold purchase payable by the purchaser amount to approximately 10%
of the purchase price paid.
4) About ongoing costs?
Property tax, paid annually at a fixed percent of the declared value,
(on a new home a 25% reduction is given until the revaluation conducted
after the first five years).
Building insurance is compulsory for leases arranged through Yapi Kredi,
the premium is approximately 2 per mil. It is also mandatory to purchase
State earthquake insurance.
Gas is normally used for cooking and can also be used for water heating.
Cylinder refills cost approximately £10.00 and lasts approximately a
month for water heating and two months for cooking (a deposit is taken
for each gas cylinder).
Electricity is cheap approximately £0.05p a kilowatt. Bills are payable
monthly at a local bank or directly at the Turkish Electricity Board.
Water costs approximately £0.40p per ton (1,000 litres on mains supply)
or £3.00 per ton when bought from a bulk tanker.
Site maintenance, groups of houses, particularly developments will form
a management service, committee or company, to maintain common
facilities, common gardens, repainting, etc. The cost of this will vary
from development to development, but generally starts at around £150.00
per annum. Their conduct is governed by Turkish law.
5) About my Tax situation?
Capital gains made from the sale of a property will be taxable in Turkey
if the owner is a Company. Individuals do not have to pay capital gains,
provided they have owned the property for one year. In the UK capital
gains may be taxable depending on the individuals situation. Current tax
conditions were originally agreed in a double taxation treaty signed in
1986. These were amended in October 1988 and cover the reciprocal
agreement relation to income tax and corporation tax in Turkey and
income, corporation and capital gains taxes in the UK. This also
includes a non discrimination clause "Nationals of a contracting state
shall not be subjected in the other contracting state to any taxation or
requirement connected therewith which is other or more burdensome than
the taxation and connected requirements to which nationals of that other
state in the same circumstances are or maybe subjected". (Article 24).
However, we would always recommend you consult an accountant because
each individual's circumstances are different.
6) Can I rent my property?
Rental income is liable for tax assessment in either the UK or Turkey
and will be payable depending on the personal situation.
7) The selling costs of property?
Freehold resale costs are between 5% (comprising sales tax, local
documentation and legal fees). Property may be sold to Turkish, or
foreign nationals without restriction. Because of the change in law
(Decree 32 August 1989) the lira is now convertible so proceeds of the
sale of a property can be converted to whatever currency and
subsequently transferred to any country you choose. If the property is
subject to a Yapi Kredi lease then the transfer costs are just over 1%.
8) Should I furnish my property in Turkey?
Furniture is generally cheap, and can be custom made by local craftsmen
if required. It is possible to buy in most towns at very competitive
rates, with a wide range of goods. Electrical items are less expensive
than in England. Towels and linen are cheaper than Europe, however,
household goods are extremely cheap and can be purchased at the local
markets. For non national residents it is possible to import household
goods providing they hold a suitable residency permit.
9) What about communications?
Telephones are applied for at the Turk Telekom and connected the next
day, depending on availability in your area. There is a small line
rental payable annually approximately £12.00. Lines are generally good
and Internet access easy and well serviced. Television reception is good
and if you subscribe to Digiturk Satellite system you receive 52
channels including MGM, Movie Max 1&2, BBC Prime, Discovery Channel,
Euro sport, CNN world news, etc. There are large European communities
living in Turkey full time, plus many transitory people living on boats
in the harbours for months at a time. During the winter months there are
many social occasions arranged such as book swaps, walks, BBQ's
[
Back to Top
]
--------------------------------------------------------------------------------
|
1 |
Meet at the airport
You are met at the airport by one of our drivers
|
Taxi to Accommodation
Transfered to the accommodation we arrange on your
behalf
|
2 |
|
|
|
|
|
|
3 |
Get your orientation
Quick introduction to the shops and local essentials
|
Meet our consultants
Meet our consultants and discuss any topics you need
answering
|
4 |
|
|
|
|
|
|
5 |
Legal & banking matters
In the event of a sale open a bank account and sign a
power of attorney to instruct a lawyer to act on your
behalf
|
View the properties
Start viewing properties and full introduction to areas
we feel you should see
|
6 |
|
|
|
|
|
|
7 |
Secure an offer
Make offers and secure your deposit in our clients
account
|
Return Home
Return home and wait for completion within two weeks
subject to contract
|
8 |
[
Back to Top
]
-------------------------------------------------------------------------------- |
|
|