Country Buying Guides - Turkey

The conveyancing process

• Independent Lawyer
It is essential to use an independent lawyer with a legal knowledge of both the English and Turkish legal systems, who are able to translate the documents and explain the terms to your full understanding.

• Due Diligence
It is important to carry out due diligence on the property you are purchasing in order to ensure there are no encumbrances on the property. Your independent lawyer will do this on your behalf.

• The Contract
Purchasers will be expected to pay a reservation deposit (usually around £1000 to £2000) to take the property off the market for a certain period of time. This should be a sufficient period to enable the purchasers or their lawyers to carry out initial checks and review the preliminary purchase contract. It is essential to stick to the time limit specified in the reservation contracts where the reservation payment is non-refundable.

• Initial Checks
Initial checks at the Land Registry Office are very important in order to make sure that the person, who claims to be the owner of the property is the current registered owner of the property and that the title deed is free from any legal charges or encumbrances. Additionally for off-plan properties, checking the existence of a valid construction licence is very crucial.

• Preliminary Sale – Purchase Contract
In most cases the vendor would like to enter into a Preliminary Sale-Purchase Contract with the purchaser. Contracts signed with the Vendor’s estate agent to reserve the property do not bind the Vendor to sell the property. If the vendor breaches the contract you can sue him for “unjust enrichment” ( Sebebsiz Zenginlesme ) under Turkish Law and it would depend on the vendor’s economic situation as to whether you might be successful in recovering your money.

• Formal Deed
In Turkey, for the transfer of the title deed into to the name of the purchaser, a formal deed has to be executed by the Land Registrar in the presence of the parties or their legal representatives at the Land Registry. The parties or their authorised attorneys must appear before the relevant Land Registry in order to sign and complete the sale and purchase transaction.

• Before the Land Registry
The steps that should be taken before the Land Registry and the necessary documents for the completion of the purchase and sale transaction are as follows:

- The Vendor has to apply to the Land Registry and declare his/her intention to sell his/her property to the Purchaser.
- Both parties have to submit their identity cards or their passport copies duly translated and certified by Notary Public together with their passport size photographs.
- Translated & notarised copies of purchaser’s passport and map of the property subject to the purchase obtained from the relevant Cadastral office shall be supplied to the Land Registry. In practice the Vendor, at the purchaser’s expense provides these documents to the Land Registry.
- The Land Registry sends a letter to the Army Headquarters. The Army headquarters will then investigate whether the area where the property to be purchased is located is within the Military and Forbidden Zone or not. Currently, this process can take up to 8 to 12 weeks.
- Following the receipt of the military clearance from the Army Headquarters by the Land Registry, the Vendor or their lawyer shall apply to the Land Registry to complete the sale-purchase transaction.
- The Formal Deed for the Sale & Purchase should be signed before the Land Registry
- Following the signing of the Formal Deed prepared by the Land Registrar, the transaction is completed and legal ownership is transferred to the Purchaser.

• Tax Number
Foreign purchasers will also require a Turkish tax number. Having a Turkish bank account will be useful in transferring the purchase monies and the purchasers may also set up a direct debit to pay their maintenance fees and real estate taxes. Upon instruction your independent lawyer will obtain a Turkish tax number and open a Turkish Bank Account for you.

In Assocation With The International Property Law Centre LLP