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Land Registry Office in Turkey

Land Registry Office in Turkey

Updated on Friday 31st May 2019

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land_registry_turkey.jpgForeign investors are allowed to buy properties in Turkey, according to the recent amendments of the Turkish law. In the past, some of the foreign real persons all around the world couldn’t buy properties in Turkey, if their country didn’t allowed Turkish citizens to purchase properties in those countries. The reciprocity principle in the law was changed in 2012 through the amendments made to the Land Registry Law.

At present times, 183 nationalities can buy properties in Turkey with no restrictions, but in the past the number was limited at 89.  Now, there are still a few nationalities that can’t buy real estate properties in Turkey or have restrictions.

If you want to know if you are allowed to buy properties in Turkey, you can ask at the Land Registry Office. The foreign investors who intend to buy land or buildings in Turkey should check at the Land Registry Office if there are any restrictions for them.

All properties in Turkey, no matter if used for commercial or residential purposes must be registered with the Land Register. Below, our lawyers in Turkey explain the requirements related to buying and registering a property with the Land Registry Office. We can also assist with the purchase and registration of properties with the entitled authorities in Turkey.

The Turkish Land Register and Cadaster online system

Shortly known as TAKBIS, the Land Register and Cadaster Information System has several functions when it comes to buying and registering properties in Turkey. The main reason it was created was to have a unified system of all the properties held by those residing in or outside Turkey.

The Land Register and Cadaster Information System fulfills the following functions:

  1. it operates all standardized changes in the land register and cadaster within the General Directorate of Land Registry and Cadastre;
  2. keeps a database of all properties registered in Turkey and facilitates the access of employees and third parties to information;
  3. generates various reports used by regional authorities and central offices of the Land Register;
  4. generates statistics used by the government and other authorities for monitoring various land register actions;
  5. stores information on foreign-owned real estate throughout Turkey (including changes in foreign ownership of land and other properties);
  6. enables the authorities to fight financial crime, tax evasion and other real estate scams.

 

TAKBIS is one of the most modern solutions implemented by the Turkish authorities. Another advantage of the online information system put in place by the Turkish Land Register Office is that it is interconnected with the European Land Register Association.

Our Turkish lawyers can offer more information on the functions of the Land Register.

Restrictions for foreigners

In order to buy land or buildings in Turkey, the foreigner must be a citizen of a country which is mentioned on a list at the Land Registry Office. Even if his nationality is allowed to buy, there is a restriction regarding the size of the area. The foreign people cannot purchase more than 30 hectares in the country side of Turkey or no more than 10% of the urban area in a district from a town. If somebody wants to buy more than 30 hectares, he can ask the Council of Ministers in Turkey to allow the increase of the surface up to 60 hectares.

Foreigners should know that the Council of Ministers can limit or even ban their purchase if there are national interests related to that land or building. When the foreigners want to buy land in a military zone or other strategic zones, they need a special permit from the Turkish authorities.

Types of title deeds in Turkey

The Land Registry Law is one of the most important legal frameworks related to owning real estate in Turkey. According to it, there are various types or property titles which can be registered here. Among these are:

  • - land titles issued for agricultural use for those interested in buying land plots and exploiting them;
  • - land titles issued for reconstruction purposes, these are usually registered as unfit for buildings;
  • - building titles which are issued for single units and which do not contain information about all the other properties on the land;
  • - real estate easements which are bonds consisting of all the real estate properties and units found on a land plot;
  • - transitional property titles which implies temporary ownership of real estate (usually for periods of less than one year).
  • - full title deeds which are the classic property titles issued to those owning or seeking to buy real estate in Turkey.

 

The Land Register Law is more complicated than in other countries, which is why if you are interested in acquiring a property here, you can ask for advice from one of our Turkish lawyers.

The steps of buying property in Turkey

Before purchasing a property in Turkey, the foreign citizen must submit an application (and a few documents), together with the seller, to the local Land Registry Office where is located the property. Every purchase procedure has two steps: the pre-sale approval (from the Land Registry Office) and signing the documents for buying/selling.

How to purchase real estate for commercial use in Turkey

Those interested in starting a business in Turkey and who also want to buy land or property to exploit here must respect the Real Estate Law. While some types of properties can be purchased, including by foreign companies, others can only be leased through concession agreements.

The first step to complete when buying commercial real estate in Turkey is to verify it with the Land Register Office. Then, the manager of the company must obtain an authorization to complete the transaction. This can be done through a real estate agency in Turkey or directly.

The representative concluding the transaction will also be required to conclude an earthquake insurance, followed by the preparation of the sale-purchase agreement and the transfer of the property.

The property transfer must be completed by the seller and buyer (or representatives) directly at the Turkish Land Register Office in the city the property is located.

Our lawyers in Turkey can be entrusted with a power of attorney in order to complete real estate transactions on behalf of investors.

Registering a property with the Land Register Office in Turkey

Once the purchase is completed, no matter if the property is destined for residential or commercial purposes, the registration with the Land Register must be completed shortly after the transfer of the title deed. The buyer must pay a registration fee which is comprised of a fixed fee plus 3% of the value of the property or 3% of the transaction price (the higher amount of money will be considered).

The new property title will be issued in 24 hours after all the documents have been filed. Our Turkish law firm can guide you in this proceudre.

If you don’t know Turkish, you can hire a translator in order to help you with the whole procedure. There is also the possibility to hire a local Turkish lawyer who will offer you legal assistance during the procedure, if you have doubts regarding the property you want to buy. Please contact us if you need help in purchasing a property here.