| Property İnfo |
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| Date: Tue 27 Oct 2009 (172 Raid) |
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The Buying Process The buying process is quite simple in Turkey .When you have found the property you wish to buy you will need to pay a small Reservation Deposit in order not to lose the property to another buyer. Providing you are satisfied, at this stage you will be required to pay a Full Deposit at 10% of agreed price. The Notary will then draw up a private contract between the buyer and seller or between their legal representatives. The next stage is to obtain your Title Deed (TAPU) from the registry office .The time scale for completion the deed for non Turkish citizens will take up to 6-8 weeks to receive approval letter for purchase from the relevant headquarters. Then make the final payment and complete the transaction by going to the land registry office and change the ownership of the deed. Buying Land When looking for a plot (parsel) you must bear in mind that there are a few different types of land in Turkey . Some have restrictions on building. and on building percentages You must check which type you are buying by looking at the town plans which can be found at the Town Hall and getting confirmation from them. Taxation A 1.5 % duty for the purchaser and seller must be paid. Normally the purchaser pays the sellers part. There is also an annual tax which is 0.1% for houses and 0.3% for developed land, collected by the local goverment.There is tax exemption for 5 years for new properties and all properties are subject to revaluation every five years for tax purposes. Who can buy Article 16 of the constitution concerns the status of foreigners and says ' The fundamental rights and freedoms may be limited for foreigners by law in accordance with the international law and clarified by this provision that the rights and the freedoms of the foreigners in Turkey may be arranged and limited as different from what it is for the Turkish citizens, if necessary. Article 1 of the Protocol under the European Human Rights and Main Provisions Agreement has also guaranteed these rights, but accepted at the same time that the individuals may be deprived of their ownership in accordance with the General Principles of the Law of Nations.Taking these facts into consideration and considering the political, economic and social conditions and public order, sovereignty and security of Turkey and some legal restrictions have been brought on property acquisition by foreigners in Turkey. Generally it is possible for a foreigner to buy land and property but there are 3 main restrictions : A-) According to article 87 of the Law of Village numbered 442, the property must be in the municipality boundary . B-) According to the Lawconcerning Military Forbidden Regions and Safety Regions, properties in the military forbidden regions and safety regions can not be sold, transferred and given for rent to foreigners. C-) According to article 36 of the land Registry Act numbered 2644, foreign people in Turkey cannot acquire more than 30 hectare property,although Legal inheritance is outside of this law. Transfer of funds Property revenues and rights in revenues relating to property and the selling price of properties owned by foreigners via exchanging or without exchanging are transferred freely by banks or by private financing organizations. . Detailed information can be obtained directly from the Directorate General of Land Registry and Cadastre in Ankara . Basbakanlik Tapu ve Kadastro Genel Mudurlugu Yabanci Kisiler Dairesi Baskanligi Dikmen yolu - ANKARA - TURKEY Tel. : (+ 90 312) 418 98 00 ( Chief ) (+ 90 312) 417 12 60 / 355 - 356 - 231 Fax : (+ 90 312) 417 03 60 www.tkgm.gov.tr For all your questions info@naldoken.com www.naldoken.com HOW DO I BUILD MY DREAM HOME? As house builders we specialise in constructing typical Turkish style homes (or the design of your dream) to high quality guaranteed standards. We advise on the best design to suit your requirements and local environmental conditions eg the position of the sun, roads, local services (electric, water, gas etc). Using our own Architect's Chief of the Local Architect's Association using state of the art computers and CAD technology he provides all plans. First he will prepare drawings of your dream house and once this is to your satisfaction then he will apply for permits for the building to commence. The Geology Engineer will sample the land for suitability to build your dream home and advise re location and earthquake precautions as necessary. Our Construction Engineer calculates all material requirements for the house including foundations materials [ cement & graded Stones - reinforcing rods, bricks and roofing materials. He will also be our man on site who ensures the quality of the building. Building Site Manager's he will be in charge of controlling all incoming materials plus all workers on site. We emphasise Health & Safety on site and insurance is provided for the workers. HOW MUCH WILL MY DREAM HOME COST? All the houses we build are to a premium quality. Depending on your choice of internal fittings, we will be able to estimate the total price of your dream house. Other important factors are: Size of land and location Kitchen- type of cupboards and white goods (fitted or separate) Lounge - open plan or separate Hall Dining area / room Bedrooms Bathrooms - how many separate/ensuite (shower cubicle &/or bath) and accessories Stairs marble, wood or ceramic Built in wardrobes Balconies & Verandas size and design Windows Wood or Double glazing including mosquito nets internal and patio doors (double or single) Smooth plaster Ceramics floors & walls Wood/laminate floors External door metal or wood Electric sockets & light fittings Solar system to heat your water (electric for the winter) Security system Safety deposit box Roof materials Air conditioning Water services Swimming pool what size, shape and design Attic room/s Heating system for the winter months (central heating, wood stove or gas/elec heaters) Pathways and drive Gate/s Garage or car port Garden landscaping and fencing External lights COMPLETE THE ENQUIRY FORM AND SUBMIT TO OBTAIN AN ESTIMATE TO BUILD YOUR DREAM HOME HOW DO I PAY? All payments can be transferred from a British Bank to a Turkish Bank. You have two options You can pay total amount in one lump sum which ensures that there are no other payments incurred due to price fluctuations, and inflation on materials (which can be quite high in Turkey) and in taxes. Alternatively you can pay in stages eg first payment will be for the land and foundations (this maybe 25%), the second payment will be for the first floor, the third payment will be for the third floor and roof. The final payment of 10% will be paid when you are given the keys to your dream home. This method of payment is subject to inflation on materials. Foreigners and property in Turkey As the world has opened up, the millions visiting Turkey annually have found friendship with their hosts. Foreigners are warmly welcomed and English has become widely spoken and the second language at school. Foreigners from many countries can own property in many parts of the country, especially around the Mediterranean and Aegean coast. The cost of living is much lower, quality of life is much higher! Real Estate Law in Turkey Principles of ownership of immovable objects are in general indentified in the Property Law section of the Civil Code. Property law includes not only ownership, but also acquiring and transfer of ownership, leasing the property and factors limiting property rights. Ownership Law in Turkey According to the provisions of the Civil Code, every piece of real estate will be recorded in the title deed register of the place where it is located. The title deed is the official document which shows who has ownership rights over the real estate and upon which the owner's name and photograph appears.Any retsrictions which were placed on the real estate while it belonged to previous owner may be applied to the new owner after the transfer. Purchase by foreigners: The law in Turkey Ownership of real estate by foreigners in Turkey is governed in general by the principles of political and de facto reciprocity. According to the provisions of Title Deed Law no.2664, enacted 22 December 1934, a foreigner may purchase real estate in Turkey in keeping with the restricting provisions of this law and on condition of reciprocity between Turkey and his country of origin.It is also necessary to obtain permission from the General Directorate of Title Deeds, Cadaster and Military. Sales Law in Turkey According to the provisions of the Civil Code, every piece of real estate will be recorded in the title deed register of the place where it is located and a real estate sale will be legalised only by being recorded in this register. The title deed, which is issued in the new owner's name, will show that the property has changed hands. Any restrictions which were placed on the real estate while it belonged to the previous owner may be applied to the new owner after the transfer. Sales by foreigners: The law in Turkey In order for foreign nonresidents to sell real estate which they own in Turkey, the sale price of such real estate must first be calculated by the tax assessment commission. The actual sale price must not he lower than this value nor more than a predetermined per cent higher. Monies received as a result of a sale are subject to taxes and blocking. However, provisions, brought on by the Foreign Capital Promotion Law, are reserved. Rental agreements: The law in Turkey Leases are governed in general by the Law of Obligations and in specific by Real Estate Rentals law no. 6579 of 18 May 1955. The following points must be clearly specified in a lease: The names and addresses of the lessor and lessee, the address and location of the rented property, the purpose for which it will be used, the amount of rent, the date the lease will become effective, and the period for which it is valid. In practice, printed lease forms are usually filled in by the parties. Attention must be paid that there are two copies of the lease, both signed, one copy to remain with each party. Leases may also be drawn up by a notary public, but this is not mandatory. Building construction: The law in Turkey Under the provisions of the reconstruction law no. 3194 of 3 May 1985, a building construction license must be obtained for all buildings from either the Municipality, the Province, or an authorized private architecture of engineering bureau. In order to obtain the license, application will be made to the above-mentioned authorities by submitting the title deed, the architectural drawings, the structural drawings, and the electrical and mechanical installation drawings. If the application is complete, the authorities will grant the permit within at most thirty days. If the application is incomplete or irregular in any way, the permit will be issued only after the deficiencies or errors have been eliminated. a specific fee will be charged for the construction permit. Owners liability: The law in Turkey A building owner is liable for any injury which results from poor construction, negligence, or misuse. If a building of faulty and unsound construction collapses, and if any injury or damage results, compensation will be sought from the owner. the period for a contactor's liability is five years. Building tax: The law in Turkey Buildings within the borders of Turkey are subject to the building Tax. Building Tax is governed in detail by the Real Estate Tax Law no. 1319 of 29 July 1970. Tax declarations for buldings within the boundaries are made to the municpality. Title deeds: The law in Turkey The name title deed is given to the official document which shows who has ownership rights over a piece of real estate and upon which the owner's name appears. Rights over real estate are recorded on official registers kept by the Office of the Conservator of Title Deeds. Such Offices also issue title deeds. Since article 928 of the Civil Code embodies the principle of public registration of title deeds, no one may claim ignorance of the privileges and restrictions recorded in the deed register. Mortgages and other restricted privileges will also be recorded in the title deed register. The Dalyan Newspaper |
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