Something went wrong. Unfortunately, where there is a seller and a buyer, and even more so, other interested parties, for example, the state that issues or does not issue an icamete (residence permit), such a possibility always exists. Since real estate is expensive to acquire, problems, especially unexpected problems at some stage, can be very painful.
They know how to protect themselves from troubles as much as possible, and what to do if they do arise.LIRConsultingFirm, specializing in safe investing in Turkey, legal consulting and the selection of safe real estate. We had a conversation with the head of this company, lawyer Zhanna Denisova.
What should you pay attention to when buying a house in a new building in Turkey?
It is necessary to check the developer: what are his assets, whether he has tax debts, court cases. Before buying an apartment in a particular project, you need to familiarize yourself with the title and permits, make sure that there are no encumbrances.
If the land plot is not owned by the developer, then it is very important to look at the agreement on joint activities of the developer and the landowner: how many and which apartments the developer has under the project, which apartments the landowner has.
It happens that according to the contract, part of the apartments in the built house belongs to the landowner. But you don't know that, and you're making a direct deal with the developer. You need to be very careful here, because the developer could have already sold his apartments and offered you the landowner's apartment. In order not to fall into this trap, before concluding a contract, you need to require all the documents confirming the right of ownership (tapu), as well as a document on the state acceptance of the object (iscan)or a cooperation agreement.
One more thing - require the original payment document if you pay in cash.
In Turkey, if there is no original payment document, it is impossible to prove the transfer of funds in court.
And what are the pitfalls when buying real estate on the secondary market in Turkey?
The apartment may have utility bills, including a debt collection lawsuit. Accordingly, the debts will be transferred to you after the purchase of such an object. In addition, the apartment may have tenants.
It is important to understand that according to Turkish law, when the owner changes, the lease agreement does not terminate. It is not so easy to terminate a lease, and if the tenants do not violate the terms of the contract, it is almost impossible.
Let's move on. The apartment seller may no longer be the owner.
In Turkey, when selling real estate, the original tapu is not required, it is not withdrawn. Therefore, you may be shown an ownership document for an already sold apartment.
Another unpleasant situation is if an apartment has not one owner, but several, one of whom may have imposed a ban on the sale. This information is not reflected in the tapu, but it is available in the cadastre. From the cadastre, you will find out how many owners the property has, what prohibitions and restrictions are imposed on the sale, and whether the tapu is under encumbrance. Yes, and before making a deal on the secondary market, you need to make sure that the house is not included in the renovation and demolition program.What is important to consider when choosing a real estate agency?
It is relatively easy to get a license to open a real estate agency in Turkey. Many people who are not specialists and do not have sufficient experience and knowledge can join this business. Therefore, it is important to carefully consider the choice and work with trusted agencies, preferably accompanied by a lawyer.
Is it possible to conclude a purchase and sale agreement in Turkey in a simple written form?
By law, purchase and sale agreements in Turkey must have a notarized form. However, in order to reduce costs, it is acceptable to conclude a contract in simple written form. In this case, the parties can easily terminate it without paying any fines.
Before receiving the certificate of ownership, you can unilaterally terminate the purchase and sale agreement with the developer and return the money paid without penalties, if the agreement between you is not notarized.
What should I do if the developer has delayed construction?
If you already own an apartment, you can request a discount from the paid price, taking into account the degree of completion of the construction.
You can also request termination of the contract and refund of the money paid.
If the contract states that in case of a delay in construction, the developer pays a fine in the amount of the average rent for each month of delay, then the amount to be paid is calculated and requested. However, if the contract does not specify a late payment, the rent is determined by the court, taking into account market conditions, and charged to the seller.
What should be kept in mind for those who buy an apartment in order to rent it out?
To rent an apartment in Turkey for short-term rent, you must have the appropriate license. It is issued only if there is a protocol of the general meeting of tenants, in which 100 percent of the owners agreed that the apartments in the house can be rented to tourists. Not all houses have such a protocol. Thus, you risk buying a property that you will not be able to rent out for a short period of time (up to 3 months).
How do I get a residence permit based on tapu?
To obtain a residence permit based on ownership, it is necessary to purchase real estate worth at least $200,000. The amount must be indicated in the tapu and confirmed by an expert assessment.
If you bought an apartment or a house before January 15, 2025, you can obtain a residence permit of this type based only on an expert assessment, while the cost of the property in tapu may be less than $ 200,000. In any case, the property should be located in an "open" area.
With proper legal support, you will get a tapu residence permit for a period of 2 years without obstacles. Moreover, the lawyer can receive the residence permit card without your personal presence.
To register ownership of real estate, you need a certificate of currency exchange in a bank (DAB bilgisi). You must convert dollars or euros into lira and back to the currency in which payments are made under the contract (these are the specifics of the procedure). If you purchase real estate worth 200,000 dollars to obtain a residence permit, and during the time from the moment you issue a currency exchange certificate at the bank until the documents are checked by a migration officer services the exchange rate of the foreign currency will change, your application for a token may be rejected. It is possible to challenge this decision in court, but it is better to prevent such a development. We recommend that you specify an amount slightly higher than $200,000 in the tapu and do not delay the submission of documents to the migration service.
Applications for a residence permit can now be submitted through notaries, and not only through the migration service. If submitted through a notary, the decision is made faster, within 5-7 business days.Can a foreigner buy a plot of land in Turkey, and are there any restrictions in such transactions?
Yes, you can purchase land, but since you are a foreigner, you are required to develop a construction project on the land within at least 2 years from the date of purchase. To do this, it will be enough to apply for a building permit to the municipality where the land is located and issue a license before the end of 2 years.
What should be considered when buying a property to apply for citizenship?
The owners of the acquired property in the last 3 years should be only Turkish citizens.
If you are buying a plot of land, then there should be a building on it, or a construction project should be developed.
The total cost of the purchased property or facilities, indicated in the assessment report, must be at least 400,000 US dollars. Real estate can be both residential and commercial.After three years, it can be sold and the investment returned.
The amount indicated in the document on the purchase of foreign currency(DAB), must be transferred to the seller's bank account in the equivalent of Turkish lira (you need to write an application)through the buyer's bank account. One of the main problems is the mistakes made at this stage.
It takes about a year to process an application for citizenship. Now the passport applicant undergoes a double identity check by Interpol: at the beginning and at the end of the application process, so the time has increased.However, if you apply through the President's Investment Office, you will receive approval 4-5 months earlier.
What services does your company provide?
We are engaged in the legal review of real estate and the developer, we select safe facilities for any purpose, we help to obtain a residence permit and Turkish citizenship, open a business, get a work permit, import a car. We also represent the interests of our clients in court in cases of any category and any complexity, and collect debts and penalties from developers.
We provide an individual investment portfolio:
- Projects from trusted developers (residential complexes, hotels, business centers, etc.)
- Project analysis and preparation of profitability reports
- Objects with short- and long-term value growth potential
- Alternative investment instruments other than real estate
We carry out the selection of real estate for any purpose and needs:
- Real estate suitable for obtaining a residence permit
- Objects that give the right to apply for citizenship
- Real estate with high rental yield
- Facilities suitable for short-term rentals
- Investment real estate
- Land plots and farmland
- Commercial real estate
We have specialists who speak Turkish, English and Russian! You can solve your questions comfortably and quickly with us!
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The article was prepared with the information support of the company LIR Consulting Firm
For more information, please contact us directly.
