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Turkey Property
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Real property acquisition of foreigners in Turkey
The article 12 of the Constitution of the
Republic of Turkey has stated 'Every person has individual, inviolable,
untransferable and unrenouncable fundamental rights and freedoms.' and has
also involved the foreigners in the content of this provision. However,
the article 16 of our constitution concerning the status of the foreigners
has stated ' 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.
The article 1 of the Protocol under the European Human Rights and Main
Provisions Agreement has also guarantied 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 , some legal restrictions have been brought on the real property acquisition of foreigners in Turkey.
REAL PROPERTY ACQUISITION OF FOREIGN NATURAL ( REAL ) PERSON IN TURKEY
REAL PROPERTY ACQUISITION OF FOREIGN LEGAL PERSON (ENTITY) IN TURKEY
TRANSFER OF FUNDS
APPLICATION PLACE
Real property acquisition of foreign natural (real person in Turkey ).
Real property acquisition of foreign natural person in Turkey has been arranged by the article 35 of the Land Registry Act numbered 2644.
he article 35 of the Land Registry Act has stipulated that purchasing and acquiring real property of foreign natural person via inheritance and other ways in Turkey must be mutual and must be suitable for legal limitations.
Real property acquisition of foreign legal person (entity) in Turkey.
As a general rule, (exclusion of some exceptions ) real property acquisition right has not been recognized to the foreign legal entities in our legislation. Although foreign legal entities have no possibility to acquire real property in Turkey as a general rule, changing conditions and legal arrangements put out concerning the enterprises necessary for economy of Turkey have brought out some exceptions for the rule of inability to acquire real property of foreign legal entities.
A. In the article 10 of the Law of Encouragement of Foreign Capital numbered 6224 has been stated 'Foreign capital and enterprises working in same sectors may also profit under same conditions from all rights, exemptions and facilities recognized to internal (native) capital and enterprises' and real property acquisition right and other authorities have been recognized to the foreign capital companies in Turkey by this provision.
B. According to the article 8/E of the Tourism Encouragement Law numbered 2634, in the process of real property acquisition within the mentioned areas, foreign legal entities which will establish commercial enterprise in order to realize commercial activities in tourism sector within the areas available to tourists and regions may be excepted from conditions and restrictions taken part in the article 35 of the Land Registry Act and in the article 87 of the Village Law by decision of the Council of Ministers.
Also, Ministry of Tourism has authority of renting and allocation of real properties assigned to the Ministry of Tourism within the tourism centers and areas to the foreign natural and legal person having tourism investment certificate as well as establishing charges on these real properties including real and permanent rights in accordance with the article 8/D of the mentioned Law.
C. Foreign banks establishing their branches in Turkey by decision of the Council of Ministers can acquire real property which is necessary for realization of their banking activities according to the Banking Law numbered 3182.
D. According to the final form of Oil Law numbered 6326 which has been changed by the Law numbered 1702 gives permission of acquiring land as working areas in Turkey to the foreign legal entities.
Mutuality principle
The mutuality must be actual and legal. Therefore, the real property
acquisition of foreign natural person in Turkey depends on some laws:
1.The Turkish citizens must have the same rights which are supported by
the laws in foreign country.
2.This right must be put into practice actually.
Who can buy real estate in turkey
The natural people who are citizens of the following countries are free to acquire the real property in Turkey: Federal Republic of Germany, USA, Argentina, Australia, Austria, Barbados, Belgium, The Republic of Dominic, Brazil, Bosnia-Herzegovina, El Salvador,Finland, Sweden, Kenya, Malaysia France, Gabon, Guatemala, Netherlands, England, Ireland, Spain, Italy, Canada, The Turkish Republic of The Northern Cyprus, Colombia, Luxemburg, Malawi, Egypt, Norway, The Central African Republic, Panama, Peru, Somalia, Chile, Tanzania,Turkmenistan, New Zealand, Republic of South Africa, Federal Republic of Yugoslavia(Serbia) Venezuel,Israel.
The real property acquisition of the natural people who are citizens of the following countries depends on some provisions and permissions: Cibuti, Chad, Denmark, Philippines, Ghana, South Korea, Haiti, Croatia,Iran, Switzerland, Japan, Lebanon, Macedonia, Mexico, Nepal, Nicaragua, Pakistan, Poland, Portugal, Singapore,Uzbekistan, Greece, Sri Lanka, Togo, Trinadat-Tobago, Uganda, Jordan.
The natural people who are citizens of the following countries can not acquire the real property in Turkey because we do not have the mutuallity principle with these countries: Afghanistan, Albania, Azerbaijan, Bulgaria, United Arab Emirates, Bahrain, Algeria, Armenia, Ethiopia, Palestine, Indonesia, India, Iceland, Iraq, Qatar, Kazakhstan, Kuwait, Libya, Cuba, Hungary, Niger, Oman, Rumania, Russia, Saudi Arabia, Syria, Tunisia, Ukraine.
The exceptions of the mutuality principle
A. According to the contract - The Legal Condition of The Refugees dated 21 July 1951- The mutuality provision is not needed in case the people prove that they are refugees and have been living at least for three years in Turkey with an official certificate. This provision is not valid for the stateless because there is no country that provides a citizen. In that case The Restrictive Decisions are valid for getting real property and inheritance rights.
B. According to the article 8/E of the Tourism Encouragement Law numbered 2634, in the process of real property acquisition within the mentioned areas, foreign legal entities which will establish commercial enterprise in order to realize commercial activities in tourism sector within the areas available to tourists and regions may be excepted from conditions and restrictions taken part in the article 35 of the Land Registry Act and in the article 87 of the Village Law by decision of the Council of Ministers.
The law restrictive decisions
The first principle for foreigners to acquire the real property is mutual contract. The second one is the restrictive decisions.
A. According to the article 87 of the Law of Village numbered 442, the real property must be in municipality boundary very definitely. Otherwise getting the real property is prohibition for the foreign natural people.
B. According to the Law of The Military Forbidden Regions and Safety Regions, the real properties in the military forbidden regions and safety regions can not be sell, transferred and rent for.
C. According to the article 36 of the land Registry Act numbered 2644, the foreign natural people in Turkey cannot acquire more than 30 hectare property, but they can be acquired only by Council of Ministers. Legal inheritance is out of this law.
The all details can be found in the related laws and articles.
Transfer of funds
The real property revenues and right in rem revenues relating to real property and selling price of real properties owned by foreigners via exchanging or without exchanging are transferred freely by banks or by private financing organizations.
Application place
The task of preparation of contracts in the field of real rights and
governing these procedure are given to the Director of Land Registry
according to the article 26 of the Land Registry Law numbered 2644.
Foreign person who wants to own real property and to make use of real
rights related to the land will apply to the Directorship of Land Registry
in the location of the real property.
Detailed information can be obtained directly from the Directorate General of Land Registry and Cadastre in Ankara.
Address:
Basbakanlik Tapu ve Kadastro Genel Mudurlugu
Yabanci Kisiler Dairesi Baskanligi
Dikmen yolu - ANKARA - TURKEY
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