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Turkish Property Guidance for Foreigners

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Guidance for Foreigners BUYING PROPERTY IN TURKEY: GUIDE FOR FOREIGNERS

This guide is prepared to help foreigners who wish to buy property in Turkey. However, this gu not a substitute for professional consultancy services. 1.

Legal Basis:

In accordance with the Article 35 of the Land Registry Law No. 2644, amended by Law No.

which entered into force on 18 May 2012, the condition of reciprocity for foreigners who w  buy property in Turkey is abolished. abolished.

Information on countries whose citizens can buy property and estate in Turkey can be provided

the Turkish Embassies/Consulates abroad and the General Directorate for Land Registry Cadastre. Persons with foreign nationality can buy any kind of property (house, business place, land, within the legal restrictions.

Persons with foreign nationality who buy property without construction (land, field) have to su the project which they will construct on the property to the relevant Ministry within2 years. 2.

Format of the Contract:

According to the Turkish laws and regulations in force, transfer of ownership of a property is  possible with an official official deed and registry registry which is signed signed at the Land Registry Registry Directorates.

It is possible to sign a “sales commitment agreement” before a notary. However, legal ownersh

the property do not pass with a “sales commitment agreement” or other kind of sales agreeme  be signed before the the notary. 3.

Legal

Restrictions

for

Foreigners

in

Buying

Prop

a)

Persons with foreign nationality can buy maximum 30 hectares of property in Tu

total and can acquire limited in rem right.  b)

Foreigners cannot acquire or rent property within military forbidden zones and se

zones. c)

Persons with foreign nationality can acquire acquire property or limited limited in rem rig

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does not apply to the relevant Ministry within time in case the property is acquired w  project commitment; commitment; iv) if the projects projects are not materialized materialized within time. time. 4.

Application and Procedure:

Buyer should be from the country whose citizens can acquire property or limited in rem rig Turkey and meet the necessary conditions. Application:

The owner of the property or his/her authorized representative should make a preliminary applic

to the Land Registry Directorate. (Preliminary applications are made before noon by taking seq number) If the preliminary application application is incomplete, the file will be kept waiting. Necessary Documents:

a)

Tittle deed of the property or information information on village/distric village/district, t, block, block, building

detachment.  b)

Identification document document or passport passport (Together with its its translation).

c)

“Property Value Statement Document” Document” to be provided from

the rel

municipality. d)

Compulsory earthquake insurance policy for the buildings (house, office, etc.)

e)

1 photo photo of the seller, seller, 2 photos of the buyer (photos to be taken within last 6

6x4 size) f)

(If one of the sides cannot speak Turkish) certified translator and 2 witness.

g)

(If the power of attorney is prepared abroad) The original or certified copy

 power of attorney and its approved translation. translation. Information on powers of attorney issued abroad:

-

Powers of attorney are issued by the Turkish Embassies or Consulates.

-

If the power of attorney which is issued by a notary of a foreign coun

certified according to The Hague Convention dated 5 October 1961 and if it

“Apostille (Convention de La Haye du Octobre 1961)” in French, there is no need f

additional certification certification of the said power of attorney by the relevant Turkish Consula -

If the power of attorney is issued by a notary of a foreign country which

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Both seller and buyer have to pay the tittle deed fee, calculated according

selling price which cannot be less than the “Property Statement Value” to be issue

the relevant municipality. (According to the Charges Law No:492, the title dee  percentage for 2013 2013 is % 2.)  b)

Circulating capital fee which is determined locally has to be paid. (Max

70x2.5 TL for 2013.) c)

At the stage when the Land Registry Directorate inquires with the relevant

authorities whether the property is located within a military or special zone, circul

capital fee for the map prepared by the Cadastre Directorate has to be paid. (323 T 2013) 5.

Other points to be noticed by foreigners who wish to buy a property in Turke

-

The foreigner has to inquire with the Land Registry Directorate if there

limitation on the property, such as mortgage, arrestment or any obstacle which pre the sale of the property. -

If the application by the foreigner for buying a property is rejected, the act

appealed to the relevant Regional Office of the Land Registry Directorate. -

It is advised that foreigners do not work with persons/compan persons/companies ies who/whic

not expert or reliable. -

Having a residence permit is not a condition for the foreigner who wishes

 property in Turkey. Likewise, buying a property does not grant the foreigner residence permit in Turkey. -

If there is a disagreement between the sides on the sale of the property,

has to be brought before the Turkish courts by referring to judicial authorities. 6.

Acquisitions by Foreign Companies:

-

Acquisition of property by the companies which are registered in Turk

governed by the Article 35 of the Land Registry Law No 2644. a)

Foreign commercial corporations which are established according

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No restriction is implemen implemented ted in favor of the said commercial compan

establishing mortgage. c)

Other foreign corporations (i.e. foundation, association,…) cannot buy

and acquire limited in rem right. r ight. 7.

Acquisition of Property by Companies with Foreign Capital:

The companies with foreign capital, -

If the foreign investors hold, individually or collectively collectively,, 50 % or more sha

the said company, -

If the foreign investors do not hold any share of the said company company,, but

right to assign or remove the managers of the said companies on the condition tha said company has a legal personality in Turkey,

could buy property in Turkey in accordance with Article 36 of Land Registry Law

2644 and the “Decree on Acquisition of Property and Limited in Rem Right

Companies and Corporations Corporations within the Context Context of Article 36 of Land Registry Law 2644”, dated 16.08.2012.

The Land Registry General Directorate has published a circular No. 2012/13 (173

“acquisition of property and limited in rem rights by companies with foreign capitals http://www.mfa.gov.tr/guidance-for-foreigners.en.mfa

New Turkish real estate law concernin foreigners buying in Turkey

Following the enactment of the new law which brought significant changes to regulations about foreign citizens buying real estate in Turkey, I have been receiving several questions questions from reade The questions are usually on very different topics based on the individual needs of each person.

Some questions are based on the nationality of the foreign buyer, such as: “How does a Greek investor buy real estate in Turkey?” or “How does a citizen of Kuwait buy real estate in Turkey?” some cases the questions are about the location of the real estate: “How does a foreign citizen b

real estate in İstanbul, in the Beyoğlu area?” or “I am a British citizen who wants to buy property

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the meantime please let me know if you have any problems buying property in Turkey and do no hesitate to ask any questions about the new Turkish real estate law.

In this article I will quote some real-life questions from a Saudi citizen buying property in Turkey short responses to those questions.

“Dear Mr. Berk, I heard on TV that foreigners (also Saudi Arabian citizens) can now register prop in their personal names in Turkey and this new law has been approved and has come into force now. On that I have some questions. Question: “I am planning to buy some units (more than 10). I want to register these units. What documents should I prepare for my lawyer?”

 Answer: These properties can be registered under your personal name or under a company’s n

You can choose which one with regard to tax advantages. To register the units, you need to pre a power of attorney and a copy of your passport. Question: “How many units can each person own in his or her name?”

 Answer: There are no restr ictions on the number of units, but due to the limited real rights of foreigners the total acreage of the properties cannot be more than 10 percent of a town’s total acreage, or 30 hectares throughout the country.

Question: “If I have units for rent, is it better to register these units under my personal name? Or

better off setting up a Turkish company and doing business in the company’s name? Also, how

about expenses like hotels, tickets, etc. -- can these be deducted from income if the units are un a personal name or can this be done if they are under a company’s name?”

 Answer: It depends on the size of the project you are investing in. The minimum monthly amoun

run a Turkish company (rent, accountancy and small duties which have to be paid even if the company does not make profit, etc.) is around $300. If you buy one apartment and rent it for $60 then there is no point in establishing a Turkish company, and you can pay your tax as an individ on real estate income. If your investment is bigger, then setting up a company may be a better option so that you can arrange for expenses like hotel bookings, tickets, etc., to be deducted from your income and pay less capital gains tax.

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percent depending on the level of income. Even if the properties are under your name, there is a on rent. When you have income from rent, there is a tax obligation. Question: “Is there any tax if the unit is for one’s own use and not for renting?”

If the properties are for your own use, there will be no income tax, of course. As mentioned abov

there are two types of taxes for all residences and workplaces. These taxes are housing fund tax property tax and environmental tax. NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal

aspects of living in Turkey. Please kindly send inquiries to [email protected] If a sen letter is published, names may be disclosed unless otherwise expressly stated by the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You sh

seek legal assistance from a licensed attorney at law while conducting legal transactions and no rely solely on the information in this column.

http://www.todayszaman.com/columnists-291388-new-turkish-real-estate-law-concerning-foreign buying-in-turkey.html

Real estate law to open door to foreign real estate investment in Turkey, but not to all 7

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Approved this month by the president, the law authorizes 183 nationalities (up from a previous 89) to purchase real estate in Turkey “free of restrictions” imposed by the state. (PHOTO aa, Gökmen Yüce) 19 August 2012 /NOAH BLASER

 A new Turkish real estate law is set to ease regulations for foreigners looking to buy property in Turkey, though the law will preserve long-standing restrictions on ownership by citizens from neighboring countries.

 Approved this month by the president, the law authorizes 183 nationalities (up from a previous 8

purchase real estate in Turkey “free of restrictions” from the state, leading one Turkish daily to q this week that foreigners need only a “passport or any old mug shot” to buy real estate under the new law. The process won’t be that easy for citizens of countries neighboring Turkey, including Greece,

 Armenia, Bulgaria, Syria and Iran, who will be limited or entirely barred from purchasing prope

the country -- a hold-over from regulations in decades past, which limited foreign property owne on the grounds of “national security.”

The law nevertheless marks the biggest opening in Turkey’s real estate market to date for foreig

investors, says former vice president of the government’s Privatization Administration (ÖİB) Süleyman Yaşar, who told Sunday’s Zaman on Thursday that “the new law is designed to make Turkey more accessible to outside investment, and make İstanbul a global city.” More specifical one might say it aims to make İstanbul the new financial an d vacation capital of the Middle East

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keep prices down in the short term, İstanbul’s real estate prices will soar in tandem with the government’s lofty ambitions.

The future of real estate in İstanbul

If İstanbul realtors anticipate a new tide of investment from the Middle East, their judgment is ba on a current wave of investment from the Gulf states and Saudi Arabia, which, despite extensive restrictions and barriers, began almost a decade ago. According to Oya Zingal Dural, country

manager of Mresco Turkey, a Kuwait-based international real estate company, Kuwaiti and Sau

 Arabian customers have in the last several years, despite previous regulatory barriers, begun up second homes in Turkey in large numbers.

İstanbul’s rising clout among Arab buyers could be attributed to İstanbul’s growing global

prominence and its status as the world’s number five tourist destination. It also helps that the cit romanticized in the many Turkish soap operas which a re today beloved by Arabs the Middle Ea

over. “Many Turkish TV series have been drawing huge attention in the region,” writes Dural. Ind one Turkish daily even suggested in early August that the government “will ask television actors such as Kıvanç Tatlıtuğ and Tuğba Büyüküstün, who have shot to fame in Arab countries in the Persian Gulf, to lure wealthy investors from that region.”

 Arab investors, however, may not need the prompting of soap opera dreamboats to invest in T said a report released this month by the global real estate firm Jones Lang LaSalle (JLL). Accor to the Khaleej Times, the report found that “sovereign wealth funds, investment funds and privat

equity funds from the Gulf region are among those redirecting their growth plans towards Turkey

the slowdown in Europe makes investment prospects there increasingly gloomy. Indeed, when t

details of the real estate law were made public in May, the Turkish Central Bank reported a buyi

boom in which $1.1 billion in real estate had been purchased by foreign investors, four times the total sum of real estate purchases by foreign nationals in all of 2011. The sudden buying up of re estate -- which experts largely attributed to anticipation of higher prices once more buyers were to access the market – has led to speculation that prices will eventually soar in parallel with the astronomical rise in demand.

The JLL reports that this may be unlikely within the next few years, citing the booming constructi industry, which has produced a glut in housing, and an additional 4 million square meters of offic

space that will hit the market by the end of 2013. Nonetheless, say many realtors, prices will rise

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Old restrictions remain for Turkey’s neighbors

The new law is a significant departure from Turkey’s decades-old policy of “reciprocity” in its rea estate laws, abandoning the principle that “you can buy real estate in Turkey only if a Turk could

real estate in your country,” says Bahçeşehir University economics professor Seyfettin Gürsel. But the trappings of economic nationalism are nonetheless present in the coming law, with

limitations imposed on the purchase of property by neighboring countries, and the outright ban o property sales to citizens from countries with which Turkey does not have formal diplomatic

relations, which are Armenia, Syria, Yemen, Cuba, Nigeria and North Korea.

Greek citizens are also banned under the present law from buying property in much of Turkey, w some Turkish papers reporting that Greeks will not be allowed to buy any coastal properties in

Turkey, and others reporting that sales will be forbidden in 28 coastal regions near the Aegean S in the border province of Edirne and in the city of İstanbul. Notably absent from the regulation is

Greece’s Turkish population in western Thrace, which owns thousands of properties across Tur

The law also imposes similar bans on Russian purchases of land in the Black Sea, and bans on Bulgarian, Iranian, and Syrian purchases in border regions. Such regulations are copied large

Turkey’s previous real estate regulations, which also limit foreign property ownership to 10 perce of any given town and prohibit the purchase of land in the countryside.

The limitations, says Gürsel, emphasize how much room still remains for investor-friendly Turke despite the landmark change in law. “The law is certainly going to make buying property much

easier,” he says. “But some things have also remained the same, and it certainly could be reform to make it more friendly to investors fro m all countries. But it is a major move by all means.”

http://www.todayszaman.com/news-289919-real-estate-law-to-open-door-to-foreign-real-estateinvestment-in-turkey-but-not-to-all.html

Turkish Condominium Law CHAPTER I - General Provisions

 A) Condominium ownership and construction servitude I - General Rule

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 II - Definitions ARTICLE 2. -  For the purpose of this law the following terms shall have the meanings indicated below:

a) "Main property" the whole of real property on which condominium ownership is established, "main building" only the portion constituting the main construction, "independent division" the portions of the main property each of which is available to be used independently and separately and which may be owned independently under this law, "annexes" the places which are situated outside the independent divisions and are directly allocated to that division, "condominium ownership" the property right established on the independent divisions and "condominium owner" the holder of the said right. b) "Common premises" the places which remain outside the independent divisions of the main property and serve for protection and joint use and "right of use" the right of using these places belonging jointly to the condominium owners in their capacity of co-owners. c) (Amended: 13/4/1983 - 2814/art 1.) "Construction servitude" the servitude established under the provisions of this law by the owner or the co-owners of a building plot for the independent premises of one or more buildings which are being built or will be built on the plot to be taken as a basis for condominium ownership in the future and "holder of a construction servitude" the holder of the said servitude;"

d) "Building plot share" collective ownership share on the building plot to be allocated to the independent divisions according to the principle stated in this law.

e) "Agreement" the authenticated deed concerning the establishment of condominium ownership or construction servitude.

III - Character of condominium ownership and construction servitude ARTICLE 3. -  Condominium ownership is a private ownership related to the building plot share and to the common premises of the main property. (Amended second parag.: 14/11/2007-5711/art.1) Condominium ownership and construction servitude are established by clearly indicating, in line with the collective ownership principles, the building plot share which has been allocated in its project proportionally with the values calculated according to the location

and size of each independent division of main property which is subject to this ownership. If the building plot shares have not been allocated proportionally with the shares of independent divisions, each condominium owner or construction servitude holder can apply to the court for re-arrangement of building plot shares. The building plot share which has been allocated to each independent division according to this paragraph shall not be able to be changed due to future increases or decreases in the values of said

divisions. The provision of Article 44 is reserved. (Amended third parag: 23/06/2009-5912/art.1) Construction servitude is a kind of servitude that is linked to the share in the land, which is transformed ex-officio into a condominium ownership according to the conditions stated in this Law, and on the basis of an occupancy permit that would be issued for the whole building. This process can be carried out upon request of the owner of the land or of any one of the shared owner that hold a construction servitude.

IV - Common premises

 ARTICLE 4. - The subject of common premises may be determined by agreement. The following places and things are, in any case, deemed to be common premises under this law. a)The foundations and main walls, cross beams, columns, and curtain walls which constitute the load

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c)Roofs, chimneys, common terraces situated on the roofs, gutters and fire escapes. The things and places not included among the above but indispensable for the common protection and use are deemed to be "common premises".

B) Connections I- Connections between the independent divisions and shares of plot:

 ARTICLE 5. - In case of transfer of condominium ownership or its conveyance by inheritance, the building plot share, which is attached thereto, shall be transferred at the same time. The building plot share shall not be transferred or conveyed by inheritance separately from the condominium ownership or the construction servitude, neither can it be encumbered by another right. No building plot share may be left in the main property without being a condominium ownership or a construction servitude being established in favour thereof.

(1)As for the second article of the law no 5711 dated 14/11/2007 the expression "cross beams, columns, and curtain walls which constitute the load bearing system and other elements of load bearing system" has been added after the expression "The foundations and main walls" and has been entered into the text. The rights encumbering condominium ownership shall also encumber the building plot share, automatically. No servitude shall be established on a building plot on which there are construction servitudes, if they are not compatible with the said servitudes. The rights registered or entered in the folio of the main property in the Register prior to the institution of condominium ownership in the main property shall in principle encumber automatically condominium ownership in proportion to the building plot share.

II - Connections between independent premises and annexes and common premises

 ARTICLE 6. - Annexes such as coal cellars, water tanks, g arages, recesses for gas, water and electric supply meters and W.C.’s situated outside independent divisions but directly allocated to the said divisions shall be deemed to be complementary parts of the independent division to which they belong and the owner of the said division shall become the sole owner of the said annexes.

 Annexes shall be entered in the column of (statements) of the condominium ownership log and those situated outside the ground on which is erected the main building shall be separately indicated on the cadastral plan or the map of the land Registry. No servitudes may be established on independent division, if they are incompatible with condominium ownership and with the rights of other condominium owners. In case of transfer, encumbrance or lease of independent divisions, the annexes and common premises shall also be automatically transferred, encumbered or leased.

C) End of co-ownership and right of pre-emption I - End of co-ownership

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property on which the regime of condominium ownership has been established or building plot share on which construction servitude has been tied up, the other condominium owners shall have no rights of preemption.

Should one of the joint owners of an independent division sell his share to another person, the other joint owners shall be entitled to exercise their rights of pre-emption.

 A provision contrary to this ARTICLE may be included in the agreement.

D) Scope of application of general provisions Article 9

 ARTICLE 9. - In the absence of any entry in the condominium ownership log or of construction servitude or in the agreement concluded between the condominium owners or in the management plan or in this law, conflicts arising from condominium ownership shall be settled according to the provisions of the Civil Code or of other relevant laws.

CHAPTER II - Establishment of Condominium Ownership and Construction Servitude

 A) General rule Article 10

 ARTICLE 10. - Condominium ownership and construction servitude shall begin with an authenticated deed and an entry in the Land register. No condominium ownership shall be established only on one or several divisions of an immovable, prior to the main property being put under the regime of condominium ownership.

(Amended third parag,: 14/11/2007-5711/ art 3) Same type of adjacent independent divisions on the same floor or the floors or divisions such as a hotel, business or commercial place which form completeness with respect to economic or usage purposes can be registered as a single independent division into condominium registration. To be able to make such a registration, it is necessary to have given the appropriate modification document and occupancy certificate to the Title Deeds Registry Office. Condominium ownership shall be registered according to an authenticated deed drawn up by the keeper of the land of register or by court judgment rendered according to the following paragraph. When a suit is filed for extinguishing co-ownership of a property suitable for placing under the regime of condominium ownership, if one of the heirs or the co-owners demands that the division be made by establishing condominium ownership and allocating independent divisions, the judge may decide that the immovable in question be put under the regime of condominium ownership on the ground of the documents indicated in ARTICLE 12 and the independent divisions be allocated separately to each co-owner by balancing the shares.

(Inserted parag,: 14/11/2007-5711/ art 3) Independent divisions which have been assigned to the common benefit or whose income is used to meet common expenses are registered in the condominium ownership registration by writing in their owner part "the numbers of independent divisions" which make benefit of them. This issue shall be shown in the part of statements of independent divisions.

B) Register of condominium ownership

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made yet shall be registered in the Condominium Ownership Minute Book to be kept distinctly according to the formula specified in Title Deeds Rules.

C)Establishment of condominium ownership I - Formalities and documents

 ARTICLE 12. - (Amended : 14/11/2007-5711/ art 5) For establishment of condominium ownership, regarding conversion of main property to the condominium ownership, owner or all stakeholders of that real estate have to apply to the title deeds registry office with below mentioned documents:

a) (Amended: 23/06/2009-5912/ art 2) The architectural project on which the building and the exterior walls, the shares on the land according to the internal independent sections, the dimensions of the common spaces and the location and size of the condominiums with reference to the storey, the type - such as apartment, office - and to their sequential numbers that start with one, and the construction space thereof are clearly shown, and which has been created by the author of the project and signed by all of the shared owners, and approved by the public institutions and establishments; as well as the occupancy permit

b) A management plan which has been prepared according to the usage style of independent divisions, if there are multiple structures, according to characteristics of buildings within the framework of the provisions

of Article 28, and which has been signed by the owner or owners who constitute the condominium ownership.

c) (Abolished: 23/06/2009-5912/ art 2)

II - Agreement and registration

 ARTICLE 13. - (Amended first parag.: 13/4/1983 - 2814/art.5) After the Land Registrar has been satisfied that the documents filed are complete and drawn up according to regulations and procedures and that the petitioners have legal ability, he will draw up an official agreement regarding the establishment of condominium ownership or construction servitude. This agreement is deemed to be an application for registration at the same time.

(Amended second parag. : 14/11/2007-5711/ art 6) The statement "Property of this real estate has been converted into condominium ownership" should be written in the ownership cell of condominium ownership log page in which construction servitude is registered if the servitude status is changed to condominium ownership, or of title deed registry log page in which main property is registered if the condominium ownership is directly established during arrangement of agreement so that the page is closed to the transactions other than the servitude rights to be established against and in favor of main property and

each independent division which is subject to condominium ownership is registered into a distinct page of condominium ownership log showing building plot share, plate, block, parcel, book, and page number of that division; in addition, the connection between logs is established by writing book and page numbers of independent divisions in condominium ownership log onto general log page where main property is registered.

(Amended third parag. : 14/11/2007-5711/ art 6) The registry record of the rights which are currently included in the page of main property, excluding servitude rights, shall be transferred into the page of independent divisions in condominium ownership log. After the ownership of main property is converted to condominium ownership the servitude rights to be established against and in favor of main property shall also be registered in the page of main property in title deeds registry log and condominium ownership shall be indicated in the statements cell of condominium ownership log.

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Article 14

 ARTICLE 14. - (Amended: 23/06/2009-5912/ art 3) In order for a construction servitude to be created on a

which a building has not yet been constructed or the construction thereof has not been completed and to h registered with the land register, the request by the owner of the land or by all of the shared owners as we

project that has been created in accordance with subparagraph "a" of Article 12, and the management plan

mentioned in subparagraph "b" should be submitted to the land register. Management plan will not again be re when changing to condom

Construction servitude may be established on this building plot only by indicating in the column of (statements) Register where the plot is entered the building plot share to be allocated to the independent division concerning

construction servitude in the agreement or in the petition, and the numbers of the independent divisions subject regime of condominium ownership after the building has been completed, accord ing to the projects which have

submitted and the annexes attached to these sections shall be indicated in the column of (statem

(Amended: 23/06/2009-5912/ art 3) Changing of the construction servitude to condominium ownership af

completion of the building shall be done ex-officio by the competent authority, on the basis of the formal contra

the documents that are stated in Article 12, upon having the occupancy permit sent to the land register with days

after

its

is

is

(Inserted Paragraph: 14/11/2007-5711/7 art.; Abolished: 23/6/2009-5912/3 art.) CHAPTER III - Rights of condominium owners and of holders of construction servitude

 A) Right of condominium owners I - On the independent division

 ARTICLE 15. - Condominium owners have on the independent divisions owned by them the rights recognized Civil Code to landowners, the relevant provisions of this law being reserved.

II - On the common premises

 ARTICLE 16. - Condominium owners become owners of all the common premises of the main property, in pro to

their

building

plot

share,

according

to

the

provisions

ruling

co-owne

Condominium owners have the right to use the common premises. The extent of this right in such places as co coal cellars, garage, terrace, laundry and drying rooms shall be proportionate to the building plot share, sub anything contrary in the agreement.

B) Rights of the holders of construction servitude Article 17

 ARTICLE 17. - Holders of construction servitude have the right of demanding the mutual execution of the oblig

incumbent of them in order that the building can be commenced and completed within the period stipulated agreement and have the right to bring legal proceedings to this

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CHAPTER IV - Obligations of condominium owners and of holders of construction servitude

 A) Obligations of condominium owners I - General Rule

 ARTICLE 18. - Condominium owners are mutually obliged when they use either the independent divisions

annexes and common premises, to comply with the rules of equity, and in particular not to disturb each other, violate their reciprocal rights, and to conform with the provisions of the management

The provisions of this law regarding the obligations of condominium owners shall also apply to the tena independent divisions and to holders of residential rights and to persons regularly using these sections in an

whatsoever. Persons failing to comply with these obligations are jointly responsible with the condominium o (Abolished last parag.: 14/11/2007-5711/ md 24.) II - Maintenance and protection of the main property and responsibility for damages

 ARTICLE 19. - Condominium owners are mutually obliged to maintain the property and to preserve its archite condition,

beauty

and

so

(Amended second parag. : 14/11/2007-5711/ art 8) One of condominium owners, without written consent of fo

of all condominium owners, cannot have the construction, repair and facilities, exterior calcimine or pain different colors made in the common places of main property. However, if it is determined by the court that any in common places or facilities will damage main structure or any independent division and it should be fixed main structure should be strengthened immediately, said consent of building owners is not sought to execu

repair or strengthening operation according to its project and technical requirements. Condominium owner, in

independent division, cannot make any repair, facility or modification operation which may damage the structure. On connected places of independent divisions which are connected to each other by the means of c ground or wall the repair, facility and modification works which will not damage the main structure may be mad the collective consent of the owners of this div

Each condominium owner is responsible towards the other condominium owners for any damage caused by h fault to the main property and to other independent divisions.

III - Participation in the general expenses of  the main property

 ARTICLE

20.-

(Amended

first

parag.:

13/4/1983

-

2814

Each of the condominium owners are liable to participate the followings unless otherwise is agreed be themselves:

a) Equally to the expenses of door-keeper, central heating operator, gardener and watchman and the advances collected for

b) The insurance premiums of the main property and the maintenance, protection, amplification and repair exp of all common premises, in other expenses such as the salary of the manager and in the operating expenses common installations and the advance payment for expenses, in proportion to its share of the building plo

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division of the said owner entail the expenses enumerated in the first paragraph, those having taken part expenses shall have a right of revocation for the payments made by them, against the condominium ow question or the persons having caused the said expenses.

IV - Insurance contract

 ARTICLE 21. - The board of condominium owners may decide to insure the main property for an amount to b by

the

b

In case of insurance, condominium owners shall participate in the insurance charges in proportion to their sh the building

The insurance amount to be collected in case of complete destruction of the property shall be distributed amo condominium owners in proportion to their share in the building plot, subject to any agre ement to the con

If only one or several independent divisions or annexes or part of the common premises have been damage insured amount to be collected shall be spent for repairing the damaged parts, in proportion to shares in the bu plot.

Condominium owners may insure separately their independent divisions in their name and for own account in o cover losses which could not be covered by the insurance of the main property. In this case they shall hav claim to the insured amount to be collected, without prejudice to their share in the insured amount of the property. The

imperative

provisions

concerning

the

insurance

are

res

(1)By the Article 9 of the law No.5711 dated 14/11/2007 the expression "amplification" has been added af

expression "protection" in the subparagraph (b) of the first paragraph and the expression "ten percent" in the s paragraph has been amended as "five percent" and entered into the text.

V - Guarantee of common expenses

 ARTICLE 22. - (Amended first parag: 13/4/1983 - 2814/art. 10) Also the people who are benefiting continuous one of the independent divisions depending upon a lease contract, residing right or another reason are liable

and successively from expenditures and advance liability and delay compensation of the share of condom owner as per article 20. However, the liability of the leaser is limited with the lease amount that he is liable to p the payment that he makes is deducted from his lease

If the debt of the condominium owner cannot be charged in this way as well, legal right of lien shall be registe favor of the other condominium owners for this amount upon written request of the manager, if any, otherwise the condominium owners on the independent division of the condominium owner that fails to pay for the d determined by the

(Amended last sentence: 14/11/2007-5711/art. 10.) The provision of last paragraph of Article 893 of Turkis is also applied Code No. 4721

(Amended: 13/4/1983 - 2814/art 10.) The claims of condominium owners on the condominium owner who fails his share of expenses or other persons in charge are preferred debts.

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exterior of undamaged independent divisions the owners or the persons residing in the said sections in any capacity shall grant the permi

The owners of independent divisions having obtained the permission shall immediately compensate any da sustained by the owners or the persons residing in any other capacity as a result of the permission granted und foregoing paragraphs.

VII - Prohibitions

 ARTICLE 24. - No institutions such as hospital, dispensary, clinique, polyclinique, pharmaceutical laboratory s

established in an independent division of the main property, entered as a dwelling or business place in the Re

 Agreements concluded by condominium owners contrary to this prohibition shall be null and void.

consultation rooms which do not have the character of a dispensary, clinique or polyclinique are exce

Places such as cinema, theatre, café, casino, pavillon, bar, club, dancing hall and similar entertainment and m places and feeding places such as bakery, restaurant, pastry-shop, milk-shop and places such as workshop shop, printing-works, shop, gallery and market can only be opened in an independent division of the main pr entered as dwelling in the Register, with the unanimous decision of the board of condominium ow

This decision shall be entered on all the folios of the condominium ownership log concerning independent div upon the request of the manager or one of the condominium owners.

VIII - Obligation to transfer the condominium ownership

 ARTICLE 25. - Should any of the condominium owners violate the rights of other condominium owners to the p

making a nuisance of himself, by neglecting to fulfil the obligations and failing to pay the debts incumbent o under this law, the other condominium owners are entitled to request the judge that the ownership right of the

of the said independent division be transferred to them. (1)By the article 11of the law no.5711 dated 14/11/20

expression "technical examinations required for building safety" has been added after the expression "reb facilities" in this paragraph and entered into the

(Amended

second

parag.

:

14/11/2007-5711/

art

Filing an action against such a condominium owner for paying the value of property of independent division

nearest date to the resolution to him / her and transferring this ownership to other condominium owners proport with their building plot shares is possible only if the other condominium owners conclude to a majority resolu

number and building plot share, unless otherwise has been previously agreed. If some of condominium own

not choose to file then the suit is filed by other condominium owners and the judge, before s/he passes a de

gives an appropriate time to the claimants to pay the transfer value in a three-month time deposit bank acco paying to the right owner in future and to submit the receipt. When the document as per this payment is sub and in case of the acceptance of law suit, the judge adjudicates to transfer the ownership of the independent d of respondent to claimant condominium owners in proportional to their shares and to pay the transfer value accrued interest to respo

Under the following circumstances, the nuisance mentioned in the first paragraph is deemed, in any case, to

a)If failure to pay the debts resulting from common expenses and advance payments entails executive process legal action three times in two calendar

b)If in spite of the order given in accordance with ARTICLE 33 by the justice of the peace of the locality wh

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B) Debts of construction servitude holders Article 26

 ARTICLE 26. - Holders of construction servitudes are mutually obliged to comply in due time with the oblig

incumbent on them in order to complete, according to the agreement and to plan, the building to be construc the common plot covered by the said servitude, in order to transform the same subsequently into condom ownership and they facilitate the work of building according to the rules of e

(Amended second parag. : 14/11/2007-5711/ art 13) If one of construction servitude owners does not pay hi debts in two months in spite of and from the notification made through the medium of notary public the judge the written request of others, adjudicates to transfer her / his building plot share and construction servitude other

stakeholders

in

proportion

to

their

building

plot

sh

Should the construction servitude become extinct through failure to build within the legal time limit by the fau servitude holder, the party at fault shall compensate the damages sustained through such action by the other ho

CHAPTER V - Management of the Main Property

 A) Board Article 27

 ARTICLE 27.  - The main property shall be managed by the board of condominium owners and the meth management shall be decided by the said board, subject to the imperative provisions of the law.

B) Management plan Article 28

 ARTICLE 28. - The management plan shall determine the method of management, the object and manner of u

remuneration of managers and controllers and other details regarding management. The management plan h force of an agreement binding on all condominium ow

In the absence of any provisions in the management plan, disputes arising from the management of the property shall be settled according to this law and to general legis

(Amended: 13/4/1983 - 2814/art 11.) The votes of four fifth of condominium owners are required for any modif

in the management plan. The right of condominium owners to apply to the court according to article 33 is res

The management plan and amendments thereof shall be binding on all condominium owners and their hei general legatees and their managers and contr

The date of the management plan and of all subsequent amendments shall be entered in the column e “statements” of the condominium ownership log and they shall be attached to the management plan and kept w documents regarding the establishment of condominium ownership.

C)Meeting of the condominium owners and resolutions

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thereof.

The first notice shall also indicate the place and date of the second meeting if there is no quorum at the first me (Inserted sentence: 14/11/2007-5711/ art 14) The time between first and second meetings cannot be less than days.

II - Quorum

 ARTICLE 30. - The meeting shall be held when more than one half of the number of condominium owners and than one half of the plot shares are present and shall render its resolution by ma

(Amended second parag. : 14/11/2007-5711/ art 15) In case that the first meeting cannot be made becau

quorum cannot be met then the second meeting is made in fifteen days at the latest. The quorum in this mee

the

absolute

majority

of

partici

The provisions specified in this law regarding quorum are reserved.

III - Voting

 ARTICLE 31. - Each condominium owner has one vote without any consideration for the proportion of his share building

 A condominium owner of more than one independent division in the main property, has a separate vote fo

independent division. However whatever the number of independent division owned is, he shall not have a num votes exceeding one third of all the votes. Fractions shall be discarded when calculating the number of

Should an independent division be owned by several persons, they shall be represented on the board condominium owners by one of to whom they will delegate their powers. Should an condominium owner be disability, he will be represented by his legal represen

If the resolution to be taken concerns him directly, the condominium owner may be present at the discussion w having voting p

(Amended last parag. : 14/11/2007-5711/ art 16) One of condominium owners can use her / his vote by the m of her / his representative. One person cannot be assigned as the representative to use more than 5% of the n of votes. However, as per the immovable assets which are subject to forty or less condominium ownership person can represent maximum two people.

IV - Resolution

 ARTICLE 32. - The main property shall be managed according to the resolutions taken by the board of condom owners

according

to

the

agreement,

the

management

plan

and

the

provisions

of

the

 All condominium owners and their heirs and general legatees and managers and controllers shall abide resolutions

passed

by

the

board

of

condominium

ow

Disputes resulting from the use or management of the main property, among the condominium owners or be them and the managers and controllers, or among the managers and controllers, shall be settled by the bo condominium ow

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 ARTICLE 33. -(Amended first parag. : 14/11/2007-5711/ art 17) Each condominium owner who has attend used dissentive vote in the board meeting in accordance with the provision of Article 32 in one month from the adjudication, and each condominium owner who has not attended in the board meeting in one month from th s/he learns the board resolution but in six months from the date of adjudication at the latest can file a null

against the resolutions of the board of condominium owners at the court of peace of the place in which the sai property is located; and in the cases the resolutions of the board of condominium owners are deemed invalid absolute nullity there will be no time restriction to apply to the court. One or more condominium owner who

because one of condominium owners or any person who continuously makes benefit of her / his flat based lease agreement, right of occupation or any other reason does not fulfill her / his debts or obligations can apply court of peace authorized in that place and plead for the intervention of

The judge, after having heard the parties, shall immediately render his judgment according to this law a

management plan or in the absence of these according to general legislation and the rules of equity and shal the party concerned verbally or in writing to comply thereto within a short time to be f ixed by the

(Amended third parag. : 14/11/2007-5711/ art 17) The ones who have not fulfilled the requirements of decision by the judge are punished with the administrative pecuniary penalty from two-hundred and fifty Turkish Liras thousand Turkish Liras by the court. The provision of Article 25 is reserved.

D )Manager  I - Assignment

 ARTICLE 34.  - Condominium owners may entrust the management of the main property to a person o

committee of three persons to be chosen from among themselves or outsiders. The said person shall be “manager” and the committee “board of mana

When the main property contains eight or a larger number of independent divisions, the assignment of a mana compulsory.

When all the sections of the main property are owned by a single person, he is legally in the situation of man

The manager shall be appointed by the numerical majority of the condominium owners and the majority of b plot s

The manager shall be appointed anew at each legal annual meeting of the condominium owners. The r manager is reel

If the condominium owners fail to agree on the matter of management of the main property or of the assignme manager, upon the request of one of the condominium owners and, if possible, after having heard the other o the justice of the peace of the locality where the main property is situated shall appoint a manager. This ma shall have the same powers as a manager appointed by the condominium owners and shall be responsible to them.

The manager appointed by the justice of the peace shall not be replaced by the board of condominium owners six months have elapsed since his assignment. However, for a justified reason the court having appoint manager

may

authorize

his

replace

The contract to be signed with the manager may contain a clause providing for the deposit of a guarantee. E the absence of such a clause the board of condominium owners may require a deposit from the manage

 justified

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of

manag

 ARTICLE 35. - The duties of the manager are indicated in the management plan. Subject to anything to the c in

the

plan,

a)Executing

the

the

manager

resolutions

shall passed

be

entrusted

by

the

with

board

the

of

following

d

condominium

ow

b)Taking the necessary precautions for the protection, maintenance and use of the main property in accordanc

its

o

c)Insuring

the

main

pro

d)Collecting a sufficient amount in advance at the time indicated in the management plan and, in the absence indication, in the course of the first month of each calendar year for the general management work of the property maintenance work such as protection, repairs, cleaning, the elevator, central heating and air condit service and insurance, and when the advance is spent, collecting additional adva

e)Accepting all other payments regarding the management of the main property, paying the debts resulting fr

management of the main property and, if he has been given the authority by the condominium owners, collecti rent of independent divi f)Receiving

the

notifications

concerning

the

whole

of

the

main

pro

g)Taking the necessary precautions to prevent the expiry of any time limit or the loss of any right concerning th property,

h)Taking on behalf of condominium owners the necessary measures for the protection and maintenance of the property which are to their adva

i)Instituting proceedings against condominium owners failing to comply with the obligations and charges conc condominium ownership and having entered in the condominium ownership log the right of statutory

 j)Opening in a valid bank, an account in his own name but by indicating his qualification of manager of property k)Calling

2.

in

order

to

the

deposit board

Accounting

and

withdraw,

of

when

needed,

condominium

and

the owners

keeping

sums

and to

advances the

coll

me

of

re

 ARTICLE 36. - The manager shall enter in the book indicated in ARTICLE 32, in the chronological o

resolutions passed by the board of condominium owners, a summary of protests and notices and all expense shall preserve this book and all vouchers for expenses and other vouchers in a

The manager shall have this book closed by the Notary, in the course of the month following the end of each ca year.

The manager failing to comply with the duties indicated in this ARTICLE shall be liable to the penalties indic the last paragraph of ARTICLE

3.

Drawing

up

the

operation

p

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b) The approximate amounts of the share of each condominium owner on all expenses, according to the princi article 20 of this

c) The amount of the advance that each condominium owner has to pay according to the principles of article this Law, in order to cover the estimated and other eventual expe

This project is notified to condominium owners or beneficiaries of independent divisions by either personally in for their signatures or registered mail. Should one of the condominium owners object to the said project within

days after the date on which it has been communicated to him, the matter shall be reviewed by the bo

condominium owners and a resolution is passed regarding the said project, in case of necessity a new projec be

drawn

Finalized operation projects or resolutions of the board of condominium owners regarding operation expenditur deemed documents specified in paragraph 1 of article 68 of Execution and Bankruptcy Law.

III- Responsibility of the manager 

1.

General

 ARTICLE 38. - The manager is responsible towards the condominium owners exactly as an attorney. (Inserted : 14/11/2007-5711/ art 19) The claims against the resolutions of the board of condominium owners, board o

representatives, or board of mass building representatives can be filed against the manager repres condominium owners, or against the manager who was voted by the board of block representatives or board o building representatives on condition of showing animosity towards hi m/her.. The manager announces the said to all condominium owners or board of block or mass building representatives. In case of the nullity of resolution, the court expenses shall be met from the common expe

2. Giving of accounts ARTICLE 39. - The manager shall submit to the board of condominium owners, at the

indicated in the management plan and, in the absence of any plan, in the course of the first month of each ca year, a statement of the income collected and expenses paid in connection with the main property, up to the question. Should it be required by one half of the condominium owners and whatever their share of building plot manager may be asked to submit accounts outside the dates indicated in the management plan.

IV - Rights of the manager

 ARTICLE

40.

-

The

manager

shall

in

principle

have

the

rights

of

an

atto

Should the condominium owners fail to comply with their obligations and charges incumbent on them in due tim entirely in spite of a formal notice served through the notary, the manager shall be entitled to terminate his c and withdraw without having to pay any compensation and claim from the condominium owners, the compensa losses suffered through such a

Even if no retribution has been fixed in the management plan, or in the contract concluded with him, the ma may claim from the condominium owners a reasonable retrib

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If no fixed time has been specified in the management plan for the control of accounts, this control shall be every three months. The accounts may however be controlled at any time for a  justified

The board of condominium owners may entrust the duty of control to a controller or to a control board to be c

from among themselves by numerical majority or by majority of building plot share. In this case the controller

control board shall submit to the board of the condominium owners, at the times indicated in the managemen and in the absence of such plan, in the course of the first month of such calendar year, a report indicating the of the control and their opinion regarding the method of management of the main property. This report sh duplicated and one copy sent by registered mail to each condominium o

The controller shall enter this report and the resolutions taken by them as well as other questions deemed nec in a register having all its pages legalised by the notary and shall sign these entries.

F)Innovations and additions I- Those that are useful

 ARTICLE 42. - Condominium owners cannot make, on his own authority, alterations in the common premises main property. All innovations and additions for making the common premises easier to use and more comforta more useful shall be made by a decision rendered by condominium owners, by numerical majority or majo building

plot

s

(Inserted paragraph: 1/7/2005-5378/ Art. 19) Where compulsory for the life of disabled persons, the project re

shall be discussed in the meeting to be held by the landowners within not later than three months and sh decided upon ma jority of number of votes and shares in the land. If the meeting cannot be held within this pe

time or the demand for revision is not accepted by majority, the construction, repair and installation shall be according to the certified project revision or layout to be obtained from the concerned authorities pursuant

report of the commission stating that this does not endanger safety of building. The concerned authorities finalize the certified project revision or layout demands within  not later than six months. The procedure principles for formation of the commission, working procedures and the process after use by the disabled p shall be laid down in a regulation that shall be prepared jointly by the Ministry of Public Works and Settlement a

 Administration

Department

for

Disabled

The expenses of these procedures shall be paid by the beneficiaries of renovations at percentage of bene

(Amended fourth paragraph: 18/4/2007-5627/art.16) Thermal isolation, fuel conversion of heating system

conversion of heating system from central system to individual system or from individual system to central s upon request of any of the condominium owners, could only be made with the decision to be taken by majority condominium owners in terms of number and share of building plot. However, conversion of heating system central system to individual system in the buildings with a total construction area of two thousand meter squa above could only be made with the decision to be taken by unanimous votes of the condominium owners in te

number and share of building plot. Expenses of joint works in this respect are paid pro rata to share of buildin

Procedures and principles regarding distribution of heating expenses in central heating systems shall be regula the regulation to be issued by the Ministry of Public Works and Settle

(Amended fifth paragraph: 18/4/2007-5627/art.16) In case it is decided for conversion of heating system from

system to individual system, provisions in the management plan in contradiction to this decision are deemed amended.

II- Those that are very expensive or luxurious

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 III- Addition of independent divisions

 ARTICLE 44. - In order to add a floor to the main property or to transform a recessed into a full or to build an subsequently independent divisions as indicated in ARTICLE 24 in the ground or the basement floor, or on the parts a)that

of the

board

the of

condominium

building owners

plot, pass

a

it

is

unanimous

resolution

nece to

this

b)that the shares of building plot to be allocated to all the independent divisions, main property, including th additions, be duly determined again and by unanimous resolution according to the future situation of the property following such bu

c)That a construction servitude be established with an authenticated instrument according to ARTICLE 14

share of building plot allocated to the new independent division to be added, that such servitude be entered column of servitudes of condominium ownership log of all the independent divisions of the main property and connexion be established according to ARTICLE 13 with the old folio of the main pro

Condominium owners who, while approving such additions and enlargements do not wish to participate must c by an authenticated instrument that they agree to their diminished share of building plot being allocated independent divisions of those who have made the ad

In this case, the new independent divisions shall be transformed into condominium ownership according authenticated instrument concerning the establishment of construction servitude, provided that the value reduced portion of the building plot share of the condominium owners who have not participated in the construc the new independent division be paid to them and becomes the property of the perso n or the joint property persons who have built the same and is entered in the name of the new owner or owners in a separate folio condominium ownership log.

G) Alienations and important questions Article 45

 ARTICLE 45. - Alienations such as the institution of an encumbrance on the main property or the division and tr

of the separated portion to a third person or important administrative affairs such as the letting on hire of the walls or of the roof of the main property for adver tising purposes shall be subject to the unanimous decision of condominium owners.

CHAPTER VI - End of the Condominium Ownership and of the Construction Servitude

 A) End of the condominium ownership I - Through the loss or the expropriation of the main property with its building plot

 ARTICLE 46.- Condominium ownership shall end with the cancellation of its record in the Land Re

Condominium ownership shall not end automatically following the ownership of all independent divisions of the property by a single p

The entry in the Register shall be cancelled following a written application made by all the condominium owner the owner of all independent divisions for the purposes of transforming condominium ownership of the main p

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the property share of the debtor or, according to the character of the right, to all co-ownership shares, it sh entered in the General Register by transferring the same only on all the co-ownership shares of the debtor property placed under the regime of ordinary ownership, without being cancelled from the Re

In case of total loss or expropriation of the main building with its building plot, the cancellation of the entry Register shall be made according to general legis

When the main property is entirely expropriated, the price of expropriation of each independent division sh estimated separately by taking into account also the building plot share and the annexes attached thereto and the owner of the division in question.

II - Destruction of the main building

 ARTICLE 47. - Should the main building be entirely destroyed, condominium ownership on the main propert automatically

When one of the independent divisions of the main building is entirely destroyed and its owner does not have it within two years, the other condominium owners or some of them may request from the judge, within th following the expiry of the said tine limit, that the building plot share of the division in question be transferred to against payment of its value and in proportion to their shares of building plot. In this case the shares o transferred shall be entered in the column of (Statements) of the relevant folios of the condominium ownersh Those who have acquired the building plot share are obliged to have the independent division rebuilt within two after the date of transfer or all the owners of independent divisions shall, within the same time limit, calculate

the value of their shares of plot attached to the independent divisions according to the second paragraph of A 3

of

this

law

and

have

them

entered

in

the

condominium

ownership

In case of non-compliance with the foregoing paragraph, the regime of condominium ownership of the main pr shall automatically end and the provisions of co-ownership shall apply to the insurance compensation collec the property in question or for the damaged divi

If several independent divisions are destroyed and the rebuilding of one division depends on the rebuild another, the owners of the independent divisions which were destroyed shall inform in writing the other condom

owners within six months after the destruction, whether they intend to rebuild or not. (Amended last sente 14/11/2007-5711/ art 20) The ones who have not declared are deemed that they do not want to get it made aga

their building plot shares are firstly transferred to the ones who desire to have their divisions made in considera its

The condominium ownership of independent divisions which have been destroyed shall be transforme

construction servitude during the periods indicated in this ARTICLE and a transitory entry shall be made

column of (statements) of the condominium ownership log. When the independent division is rebuilt, it will again under the regime of condominium ownership and the transitory entry is cancelled.

III - Obligations of informing and cancellation of the entry

 ARTICLE 48. - In case of destruction of the totality or part of the main property or of the main building, the

Registry of the locality where the property in question is situated is and all the condominium owners, sh informed thereof immediately by the manager and, in the absence of a manager, the Land Registry shall be inf by the owner of the independent division which has been destroyed. The owner of the independent division a

manager shall be jointly responsible, the first for the totality and the second for one fifth on the damage resul failure

to

notify

the

destruction.

The

Treasury

shall

not

be

respon

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B) End of the construction servitude Article 49

 ARTICLE 49.  - The owner or co-owners of the site subject to construction servitude may end this servitude

time by having the entry regarding construction servitude cancelled by means of a written statement handed Land Reg

The construction servitude shall automatically end when the building plot on which it has been instituted is e destroyed or becomes unfit for building or when it is exprop

(Amended paragraphs: 13/4/1983 - 2814/art 14.): The judge of peace court may decide also by hearing the r

people in case of necessity to terminate construction servitude or extend the period upon the request of one owners when no building is erected for a period of five years on the site, according to the plan submitted at th of establishing this construction servitude. This period may be extended again upon re When condominium ownership is terminated according to the above paragraph, the record on title deed deleted.

CHAPTER VII - Final Provisions

 A) Prohibitions Article 50

 ARTICLE 50.- After this law comes into force , no construction servitude may be established by one of the co

of a property under the Civil Code or other laws, for the exclusive use of a division of the said property condominium o No condominium ownership may be established on a building which is not entirely of masonry.

B) Adaptation to the new situation I - For the servitudes established after the Civil Code coming into force

 ARTICLE 51. - (Amended first paragraph: 30/4/1969 - 1166/art 1.) The ownership of properties on which a se

has been established by one of the owners of a property after the Civil Code coming into force up to this Law c into force , for the exclusive use of a division in the property in question as a condominium owner, m

transformed into condominium ownership and entered in the condominium ownership log up to 2nd January Otherwise

the

servitude

shall

terminate

and

only

co-ownership

will

con

The transformation of the ownership of the property into condominium ownership under the first paragraph entry in the condominium ownership log shall be effected upon the request of one of the co-owners made to th Registry on the ground of documents filed at the Land Registry and the photograph mentioned in paragraph  ARTICLE 12 of this law. In this case it is sufficient that the photograph be signed by co-owner who has applied Land Re

The other co-owners may not object to the said transformation and not desist from sharing in the expenses a

drawing up of the management plan. If they desist, ARTICLE 33 regarding the intervention of the judge sh applied.

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being obliged to pay any price and shall establish a construction servitude according to the relevant provisions law on condominium owne

If there are no building divisions, but there exists only an air right, the said right shall be automatically transf into a construction servitude rendering the holder thereof co-owner of the building plot under the ru subparagraph (a) and shall be entered in this manner in the Reg

If within three years after the date of this law coming into force , the beneficiaries do not transform their old righ condominium ownership or servitude, this transformation shall be effected by the Land Registry of the locality the property is situated, ex officio or upon the request of one of the beneficiaries, by determining the shares of proportion to the value of the separate divisions and by preparing the necessary document, according to the r

subparagraphs

(a)

and

(b)

of

this

ARTICLE

and

all

beneficiaries

shall

be

informed

th

The expenses incurred for the transformation of these rights into condominium ownership or servitude by the Registry shall be paid by the Treasury and collected from the beneficiaries under the provisions of the speci regarding the collection of State c

Beneficiaries may object to the decision of the Land Registry by bringing an action before the court of the within one month after the date of notification.

III - Management of the servitudes established under the Civil Code

 ARTICLE 53. - Until the servitudes established prior to this law coming into force by one of the co-owner

property for the exclusive use a division of the property in question as a condominium owner have been transf into condominium ownership under this law, the provisions of this law regarding the management of the prope obligations of preparing a management plan, the expenses and the obligation of insurance and of sharing relative premium shall be applied.

C) Situation of condominium ownership in case of co-ownership under the special law Article 54

 ARTICLE 54. - (Amended first paragraph: 14/11/2007-5711/art.21) In case of collectivization according provisions of Building Code if there is a real estate which is subject to condominium ownership amon

collectivized real estates and if all owners have come to an agreement to terminate collectivization according

 Article 46 of the Code No. 6785 on Building if this collectivization has been made before 9.11.1985 or acc the Article 16 of the Code no. 3194 on Building if the collectivization is  after this date, then the termina collectivization

is

made

under

the

provisions

of

this

agree

(Amended second paragraph: 14/11/2007-5711/art.21) If such an agreement cannot be concluded, the valid v

each real estate before the collectivization is determined by the court of peace authorized to resolv collectivization according to the provisions of above mentioned article and after the nearest value of each real on the date of resolution has been determined also by applying producer price index issued by Turkish Sta Institute it is decided that the owner of most valuable real estate is offered to purchase other real estates at thi level. When this offer is accepted and the said amount is paid the collectivization is termi

If the price is not paid within one month or no bank guarantee or guarantee in kind is given within six months a notification of the judgment of the court having become final, the whole of the properties under co-ownership s

sold by auction while maintaining condominium ownership and joining thereto, if feasible, the other prop

otherwise by cancelling condominium ownership, and co-ownership shall be ended and the sale proceeds sh divided among the owners in proportion to the value estimated for each property according to the second parag

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Condominium ownership shall, after its establishment, be notified by the Land Registrar to the Municipality and Revenue office of the locality where the main property is registered.

E) Situation in localities where there is no municipalities Article 56

 ARTICLE 56. - The duties entrusted to Municipalities by this law shall be discharged, in localities where there

municipality, by the municipality of the chief town of the province or of the district to which the locality in ques attached and, in the localities mentioned under ARTICLE 47 of Law No. 6785, on Building, by the Muni concerned.

CHAPTER VIII(1) - Right of Timeshare Right of Timeshare

 ARTICLE 57. - The right to enjoy a building or an independent division suitable for use as a residence in favour

one of the co-owners during certain period of the year, may be established as a right of servitude based shares hold in the collective pro This

right

is

expressly

defined

as

the

right

of

time

 ARTICLE 58. - Unless otherwise is agreed in the deed, the share hold in the collective property is determined e in

consideration

of

the

number

of

terms

and

utilization

period

of

the

pro

The right of timeshare can be established only on the independent buildings in the nature of residence or those are transformed into condominium ownership or construction serv Real

right

compatible

with

this

right

can

be

established

on

the

collective

pro

The right of timeshare can be transferred or assigned or devoted to the heirs in consideration of the shares h the collective pro

 ARTICLE 59. - The right of timeshare should cover the certain periods of the year and shall not be less than 15 Unless otherwise is agreed in the contract, the possessor of right of timeshare may delegate others to exerci right.

 ARTICLE 60. - When making declaration about the main property, independent divisions and independent bui

an annotation is entered in the land registry log indicating the establishment of right of timeshare on the indepe division or the building and this fact is also noted in the title

 ARTICLE 61. - The periods to be allocated to the co-owners, principles and procedures relating to utilization, tr

and assignment of the shares hold in the building or independent division within the scope of timeshare, elec

the managers, rights and responsibilities of the managers, the period to be reserved for major repair

maintenance expenses etc. are determined in the term-co-ownership contract. The timeshare contract contain

these details is enclosed to the deed after being signed by the rightful parties and an annotation on this sub

entered in the declarations column of the land registry log. (1)This section and the articles under this section

been

added

by

the

first

article

of

Law

No.

3227

dated

10/6

The co-owners who hold share in each building or independent division utilized as collective property must a among themselves or from outside, a real person or legal entity to act as a manager and to represent them condominium owners’ board. The managers who are appointed according to the general provisions of this law

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independent division or the building in time to be delivered to the new co-owner according to the provisions contract.

In case the property is not evacuated at the end of the term, it is evacuated at once by security forces with the of territorial governor upon notification of a co-owner to use the property or the manager by attaching the title register and the agreement to his demand, without any further transaction or sending a notification. Filing appeal to the administrative authorities or the court may not suppress enforcement of evacuation decision. Th of the concerned parties arising out of the laws and the contract are hereby res

 ARTICLE 65. -  As for the matters which are not covered by this Law, contract or management plan, the provi

Turkish Civil Code and the relevant laws are considered in determination of the rights and liabilities, powe responsibilities of the co-owners and settlement of disputes.

PART NINE (1) Special Provisions Regarding Mass Buildings Scope

 ARTICLE 66- (Inserted: 14/11/2007-5711/art 22.) Mass building refers to multiple structures which h been / will be constructed in line with a certain certified layout plan on one or more building parcel(s)

which are connected to each other by infrastructure facilities, common usage areas, social facilities a services and management of these facilities.

The building parcels within the scope of mass building have to be adjacent or neighboring parcels. However, it is not necessary for the places between these parcels which, according to the building zo plan, have been allocated to public services such as road, public square, open space area, green are park, parking lot. Each building parcel within the scope of mass building is distinctly taken into accou during establishment of construction servitude and condominium ownership. However, if the mass building includes multiple building parcels, a condominium ownership relation cannot be established between individual parcels according to mass building provisions.

 As the buildings are completed, the construction servitudes which belong to the completed buildings be changed to the condominium ownership.

(1)By the article 22of the law no 5711 dated 14/11/2007 the following articles have been added unde “Part Nine” entitled “ Special Provisions Regarding Mass Buildings” after article 65 and articles no 66 67 have been amended as articles 75 and 76. Common Places

 ARTICLE 67- (Inserted: 14/11/2007-5711/art 22.) The parcels which are within the scope of mass bu

and which have been allocated to common use and benefit of independent divisions within this scope registered into title deeds registry by writing the plot, parcel, block and independent division numbers other parcels within the scope of mass building to which they have been allocated and they become common places of independent divisions located in the parcels allocated to them.

Common social and infrastructure facilities of multiple structures within the scope of mass building a

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 Arrangement, operation, and maintenance of public spaces can be undertaken by the mass building

management in case a mutual understanding has been made with the authorized public institute and provided that the use by public is not restricted.

The issues regarding establishment of condominium ownership and construction servitude, required documents, and transactions to be made at title deeds registry office are arranged in a Regulation to issued by the Ministry of Public Works and Settlement. Management

 ARTICLE 69-(Inserted: 14/11/2007-5711/art 22.) Each block of building having common places in th

main structure which covers multiple independent divisions on the parcel and parcels within the scop mass building, regarding its own problems and common places solely belong to it, is managed by the board of block condominium owners constituted by the owners of independent divisions at that block there are non-block structures on a parcel or if such structures and block structures are at the same parcel, then this parcel, regarding its problems and common places solely belong to it, is managed b board of condominium owners constituted by the owners of independent divisions at that parcel. The management type of blocks and non-block structures is additionally indicated in the management pla

If there are multiple parcels on a plot then the common places of these parcels which constitute the are managed by the board of plot condominium owners constituted by the owners of independent divisions at that plot and the management style is determined by this board, save for the mandatory provisions of law. This authority may be given to the board of plot representatives in the managemen

plan. Unless otherwise arranged in the management plan, the board of plot representatives consists

the block managers who are voted by the independent division owners in each block and representa who are voted by the independent division owners of non-block structures. The number and selectio method of the members of board of plot representatives are indicated in the management plan by ta the structure of mass building into account. These managers and representatives have the right to v as the number of independent divisions which they manage and represent.

The common places, spaces, and facilities within the scope of mass building are managed by the bo of mass building condominium owners constituted by the owners of independent divisions at that ma building and the management style is determined by this board, save for the mandatory provisions o This authority may be given to the board of mass building representatives in the management plan.

Unless otherwise is arranged in the management plan, the board of mass building representatives

consists of the block managers who are voted by the independent division owners in each block and representatives who are voted by the independent division owners of non-block structures. The num and selection method of the members of board of mass building representatives are indicated in the management plan by taking the structure of mass building into account. These managers and representatives have the right to vote as the number of independent divisions which they manage an represent.

Management Plan and Amendment of This Plan  ARTICLE 70-(Inserted: 14/11/2007-5711/art 22.) A single management plan is arranged for the st and places within the scope of mass building. The management plan is binding on all condominium

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manager and a controller are assigned by the board of block condominium owners for the block, condominium owners at the parcel on which are non-block structures for the common places and sp which have been allocated to them, and board of mass building representatives for all common place spaces and facilities within the scope of whole mass building.

Block manager and controller are voted by the majority of condominium owners in  the block. The manager and controller of the common places and facilities of non-block structures are voted by the

majority of the condominium owners in these structures by the number and building plot share. And t

manager and auditor of all common places, spaces and facilities within the scope of mass building a

voted by the majority of the number of independent divisions represented by the managers and representatives who attend in the board of mass building representatives. Participation in Common Expenses

 ARTICLE 72-(Inserted: 14/11/2007-5711/art 22.) The common expenses regarding common places

facilities which have been allocated to common use and benefit of a certain structure of condominium owners of several structures are met by the condominium owners at these structures and the commo expenses regarding common places and facilities which have been allocated to common use and be of all divisions are met by all condominium owners. The resolutions made by block condominium owners, mass building representatives, and temporary

board of directors resolutions are within the scope of documents specified in the first paragraph of Ar 68 of the Execution and Bankruptcy Law no. 2004.

Condominium owners cannot avoid from paying mass building common expense share and advance payment to be collected declaring that they abdicate from their right of use of common places, space and facilities within the scope of mass building or claiming that these areas are located on another p or on public places or they do not need to use them because of the status of their independent divisio or of their own status. Temporary Management

 ARTICLE 73-(Inserted: 14/11/2007-5711/art 22.) The management plan may anticipate to establish

temporary board of managers to undertake the tasks and to use the authorities of board of manager make required attempts and calls for the establishment of a permanent board of managers until the b of mass building representatives is established. In this case, the management plan arranges the provisions on the issues such as establishment procedures and task period of temporary manageme Temporary management may last by one year from the completion of mass building at the latest. Th period cannot be longer than ten years from the obtainment of first occupancy certificate within the s of mass building, in any case.

Other Provisions to Be Applied  ARTICLE 74-(Inserted: 14/11/2007-5711/art 22.) Save for the special provisions anticipated in this

section, all provisions within the scope of this Law are also applied to the mass buildings in the same or by analogy."

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these persons are obliged to evacuate the sections allocated to them within fifteen days upon cance or termination of the contracts by the condominium owners’ board or the manager authorized by this board. If the place is not evacuated within the specified period, intervention of the security forces is demanded and the place is evacuated within one week pursuant to the decision of territorial governo which is taken upon application of the manager or any one of the flat co-owners. In such a case, ther no need to execute further transaction or to send a warning notification. The filing of an appeal to the administrative authorities or the court may not suppress enforcement of the decisions taken in this respect. The rights of the concerned parties arising out of the laws and the contract are hereby reser Special provisions covering more than one building

SUPPLEMENTARY ARTICLE 3- (Inserted: 13/4/1983 - 2814/art 15.; Abolished: 14/11/2007 -5711/ar Transformation to construction servitude

SUPPLEMENTARY ARTICLE 4. - (Inserted: 13/4/1983 - 2814/art 15) Where a plot is jointly acquired five or more persons to construct a building (s) and in case of opposition of 4/5 of the shareholders decision taken for transformation to construction servitude, the court may decide cancellation of the shares of the opponent shareholders in the property and registration of these shares in the name of other shareholders willing to purchase these shares under the following conditions: a) If it is proved that the collective property is acquired for the purpose stated above,

b) If not complied to the decision for transformation to construction servitude by the majority stated ab

or failed to fulfil the liabilities in this respect within two months despite the notification sent by the not public.

If the current value of the shares of the co-owners opposing the court decision is deposited in the cas office of the court as determined by the court.

PROVISIONAL ARTICLE 1-

PROVISIONAL ARTICLE 1 -(Inserted: 14/11/2007-5711/art 23.: Amended: 23/6/2009 -5912/4 art.) In

building on which construction servitude has been created before this Law entered into force and wh has been issued with occupancy permit upon completion thereof, change to condominium ownership ex-officio be done upon application by one of the shared owners, and having the occupancy permit s to the land register by the competent authority, without any need for any other documents including compulsory earthquake insurance coverage. Date of enforcement

PROVISIONAL ARTICLE 2.- (Inserted : 23/6/2009-5912/4 art.) For the first amendment of the

management plans of the apartment blocks, which had been built before the validity date of this Law adaptation to this Law, the absolute majority of the existing shared owners’ committee shall be suffic The existing apartment block managements will continue to perform their duties until the new administrators are elected according to the amended management plan. Elections for the administra the apartment block shall be held latest within three months after the amendment of the managemen

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23/6/1965 1)Provisional articles of the Law no. 2814 dated 13/4/1983 Construction servitude right which have not been deleted:

PROVISIONAL ARTICLE 1-If construction servitudes related to the buildings which have not been

completed on the building plot to which is referred in construction servitude, within the specified time before the enforcement of this Law, the provision of article 49 which has been amen ded by this Law applied. Files brought before:

PROVISIONAL ARTICLE 2-Files brought into by civil court of first instance before the enforcement o

Law due to conflicts resulting from the Law on Condominium no. 634 shall be settled by the same co

2)Provisional article of the Law no. 3370 dated 5/2/1992:

PROVISIONAL ARTICLE-The authority to pass decree laws entitled to the Board of Ministers throug Law on Authority Related to making Amendments in Some of the Laws on the Use of natura l Gas sh valid until the end of the time granted by the said law on Authority for the Law on Condominium no. 6 3)Provisional articles of the Law no. 5711 dated 14/11/2007

PROVISIONAL ARTICLE 1- The Regulation which should be arranged in accordance with this Law s be arranged in six months from the effective date of the Law.

PROVISIONAL ARTICLE 2- Even there is not a management plan at the buildings whose constructio servitudes have been established before the effective date of the Law no. 2814 and dd. 13/4/1983, t condominium ownership is established according to the provisions of Article 12.

PROVISIONAL ARTICLE 3- The management plans of mass buildings established before the effect date of this Law shall be adapted to the provisions of this Law in six months from effective date. For

change to be made in the management plan for consistency with this law, the majority votes of existi

board of condominium owners shall be sufficient. Existing mass building managements continue the tasks as temporary managements until the management plan is changed and manager is assigned in accordance with this new plan. The manager of mass building is voted in three months following the change of the management plan.

(1) Article 57 related with the “Date of enforcement” has been remunerated as 66 and article 58 relat with “Body in charge of enforcement” has been remunerated as 67 by the first article of the Law no. 3 dated 10/6/1985.

(2)Articles 66, 67, 68, 69, 70, 71, 72, 73, 74 have been added under “Part Nine” entitled “Special Provisions Regarding Mass Buildings” after the article 65 and articles 66 and 67 have been amended articles 75 and 76 by the article 22 of the Law no. 5711 dated 14/11/2007.

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Overview The procedures and legislation covering the purchase of property in

Turkey differs from that in the United Kingdom and the safeguards tha you may rely on in the UK may not exist in Turkey.

Foreigners require military permission before being able to purchase property. This can cause a delay in the whole process and you should allow a period of 3 weeks, though in individual cases the time can be shorter or longer. There is no way around this requirement and attemp to circumvent the process can lead to financial loss and you may still get the property you wanted to purchase.

You are strongly recommended to obtain the services of an independ lawyer before committing yourself to purchasing property or paying a deposit or the property’s full costs. We define “independent lawyer” as one who has no connection with either the seller or an agent of the seller: an agent can be an estate agent or anyone acting on behalf of seller.

Property deeds The deeds for all properties are lodged with the local District Land

Registry Office (Tapu ve Kadastro Mudurlugu). All sales of property m

be lodged with the Tapu Office, as the sale is not complete or legal un you visit the Land Registry Office with the seller. The seller should be existing owner or their legal representative. You should both sign the agreement and you should then be given your title deeds.

Enquiries checklist

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have the deeds been offered as collateral for any loans? does the owner have outstanding utility bills, local tax demands, etc that you may be liable for on purchase of the property?

talk to other property owners in the area or on the development. Are

there any issues you should be aware of before purchasing (such a floods in winter, lack of water or electricity supplies in summer, etc) if buying brand new, or partially built, from a developer, do title deed for the property in question actually exist? does the developer own the title deeds? has the developer used the title deeds for the land or properties as collateral for loans?

ask the developer to show you some projects that s/he has complet

Talk to owners of properties on these developments to see if they h any problems does the developer have outstanding commitments to utility supplie to bring water, sewage, electricity etc to the development ? having made all your enquiries, are you satisfied in your own mind you can go ahead with the purchase of the property in question without encountering problems? If not, make more checks.

Further information Useful websites for prospective Turkish property buyers: •







Asian Pain

Turkish Head of Deed’s Office Turkish Ministry of Foreign  Affairs Turkey All Estates Consultancy Federation Turkish Ministry of Interior 

Disclaimer

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recommend that prospective buyers of property in Turkey seek independent legal and financial advice at all stages of their purchase.

Please note that the British government cannot become involved in

private legal disputes, provide legal advice or assistance or investigat crimes. If you experience problems involving the purchase of property Turkey you are recommended to engage a lawyer to act on your beha and to seek legal redress through the courts or, if necessary, to lodge complaint with the police of public prosecutor.

Guide to Buying Property in Turkey

The buying process in Turkey

The main reason that properties in Turkey are so cheap is the immaturity of this market – with n competitive mortgage market, as yet, for nationals let alone foreign buyers (to find out more abo the current options, see How to finance your property purchase below).

This means that most sales in Turkey are cash sales - where the purchaser pays a deposit, follow an interim payment and a final payment on completion (for off-plan purchases, the buyer is usua required to put down a larger sum pre-completion).

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understands the other’s expectations.

Fees are usually paid once the sales agreement has been signed, to include deposit, legal fees an agency fees. Solicitors’ fees can range from €350 - €2,000 – depending on whether local professionals, your own lawyer, or both, are retained - while agents charge around 3% (to the bu and seller). Legal translators charge around €100 and notaries will charge about €90 for Power of Attorney and a translator.

Military clearance

The paperwork is then sent off to the title deeds office (for the transfer of title) and they will send passports/ID cards and title deeds (or Tapu) off for the military check to make sure the property within a certain radius from a Turkish military base. Since this can take from 2-3 months (or mor to the recent suspension of the Land Registry Act), some buyers decide to give the local solicitor Power of Attorney to sign for t he release of the deeds once they have been authorized (some age offer this Power of Attorney service but an independent lawyer is more advisable).

At this point, the release of the title deeds is signed in the presence of a notary (again, this can b done in absentia through Power of Attorney) and you will usually have to pay the balance due on property - as well as various taxes a nd fees. These fees/taxes are li sted below (please note that t will vary depending on location): • • •

• •



Buyer’s tax: Between 1.5% and 3% of t he sale agreement price Government tax: From €150 - €750 Property tax: Based on property type and location, it is approximately 0.5% to 0.6% of th property price (paid yearly) Utility connection fee: Based on property type/location, between €300 and €500 Earthquake insurance: Since much of Turkey is in an earthquake zone, this insurance is required by law and depends on property price and location Other costs will include furnishings (white goods, soft furnishings, etc) and for complexes there are maintenance costs of about £50 a month

Turkey enjoys a bilateral agreement to avoid dual t axation for UK buyers, but taxes are sti ll determined by local authorities. The majority of property ownership is freehold, to i nclude land as as property, but there are some restrictions on tit le that buyers should be aware of (see The law the land in Turkey below).

Promising a low cost of living, as well as cheap property with good growth potential, Turkey could become a key market for retirees. Those who plan to stay in the property for more than three mo will need to leave the country and re-enter to re-new their visa - although property owners living Turkey can buy a residency visa for one year (from £240 or £915 for five years). Those looking to up a business will still need to apply for a residency visa and work permit.

Still seen as an emerging market with a lot of promise, Turkey fulfils much of the criteria for a of buyer types. It’s worth bearing in mind, though, that the climate will vary in the north and sou with much colder winters in the north. This should inform your choice of property and location ba

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How to finance your property purchase

A key reason why property is so cheap in Turkey is the lack of an establ and competitive mortgage market. Domestic mortgage products were introduced by Turkish lend last year but nothing is currently available for foreign buyers as yet. However, while there are sti number of options available to people who want t o buy in this market, purchasers should be awa the current regulations to ensure they do not expose themselves to unnecessary losses. First of all, current regulations state that any monetary transaction which exceeds YTL8,000 (or £3,000) must be made through banks, private financial agencies or the post office (PTT). This ensure all transactions are documented, thus providing clear proof in the event of a dispute.

Although it is possible to pay in sterling, US dollars or euros, it is often recommended that the currency is converted to New Turkish Lira (YTL) a nd price terms in t he contract are set in this cur to reduce conversion errors (thus avoiding any tax evasion complications). However, it is possible open accounts in any currency in Turkey and there are no limit s on foreign currency accounts.

A key thing to remember with savings/deposit accounts in Turkey (where interest is paid at the e the savings term) is that if the money is withdrawn before the end of the term then no interest is and you only receive the principal. Many T urkish banks will automatically set another savings ter the money is not withdrawn at the end, so it’s worth checking whether this is the policy (they wo usually repeat the period renewal and apply current interest rates to the accumulated amount as new principal).

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Getting Started Buying in Turkey

To open a bank account in Turkey in your own name you would need to get a tax number from a tax office and then submit it with a copy of your passport to the appropriate bank branch. Due to banking regulations in Turkey, no one else will be able to withdraw money or view details about y account unless they have Power of Attorney or are a joint account holder.

While Turkish citizens and foreign nationals have equal ownership rights, some provisions of the T Deeds Law became void on 26th July - thus suspending all property buying transactions by foreig nationals. However, a new Act has since been approved and announced in the Official Gazette (see The law of the land in Turkey below).

Sourcing finance for Turkish Property

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Nevertheless, a number of economic reforms are likely to provide impetus for a mortgage market Turkey. Lower interest rates have created a borrowing boom in Turkey, with banks seeing more c card business. It is hoped that this cultural change will drive further demand for mortgages and m them a mass market option for T urkish nationals.

Inflation has settled down in Turkey with consumer prices increasing at 7.72%, which is below t official target for 2005 and the lowest for the last 37 years. The government economy taskforce recently announced its target for 5% inflation this year, and 4% for 2007 and 2008 – all of which improve confidence in its business community. Foreign buyers themselves are creating new economic conditions by raising property values and feeding the economy by creating new service industries or buying new products. As the price of property rises beyond domestic affordability, mortgages will become the only option for Turkish nationals.

Finally, a major factor for the introduction of a more competitive mortgage market is preparation more regulated environment as part of the ongoing negotiation for entry into the EU - although t due between 2014 and 2020. In the meantime, mortgages are more likely to be introduced as a r of domestic market forces.

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The law of the land in Turkey

On 14th March 2005, the Turkish Supreme Court overturned Article 19 of t he new Land Registry (Tapu) Act which permitted foreigners to buy in village areas of Turkey rather than j ust on coasta developments. It also allowed foreigners to own more than 30 hectares of land in Turkey. The law eased restrictions on foreigners inheriting in Turkey and on the various secondary rights like granting and taking mortgages.

The main reason for this u-turn on foreign ownership was concern expressed by the Main Opposit Party that too much land was being sold off to foreigners. After a three month transition period following publication of the decision in the Official Gazette, the relevant provisions of the Tapu Ac became void and property buying transactions by foreign nationals was suspended on 26th July

This freeze has created a h uge backlog of transactions awaiting official approval and, while the process should take no more than 2-3 months, it may be some time before the process returns to normal (there is always the option of setting up a Turkish company to get around the delay but t are set up and administrative costs associated with this).

On 7th January 2005, a new act was announced in the Official Gazette, thus restoring the right o foreign buyers to own property in Turkey. The new law, which is almost identical to the previous will cover all applications made from 26th July last year. There are some restrictions under the new law, with land purchases limited to 2.5 hectares (or hectares with Cabinet Office approval) - al though this has not been aimed at foreign buyers or

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Typical costs buying Property in Turkey

Anyone from countries with reciprocal agreements for the purchase of la and property can buy in Turkey – with all taxes and duties paid in Turkey recognised in the relev country of origin. Typical costs when buying property in Turkey include the following: • • • •





• •

Stamp duty (3% of sale price, with 1.5% paid by the buyer and seller) Capital Gains Tax (not payable by private purchasers if it is not sold within the first four y Personal income tax (based on rental i ncome and capital gains) Corporate tax (a company is exempt from any corporate tax as long as it has been held f least two years) Real estate tax (an annual charge, similar to UK council tax, which is 0.3% for uncultivat land for development and 0.1% for residential buildings – alt hough it can be double in so Turkish provinces) Inheritance and succession tax (check with a/your la wyer to make sure your will, drawn u home, is required in a Turkish court and the tax implications for the heir if t he property is sold) Environmental tax (taken as part of water utility bills) Earthquake insurance (compulsory and at a nationwide contribution rate)

For those who wish to develop l and, permission must be sought from local authorities and propos building specifications must be in line with official Construction Plans. Since the building owner is for any injury caused by the property due to poor construction, negligence or misuse, home insur is recommended. The threat of earthquakes also means that buildings must be constructed accor to a regulated standard.

It is important to check whether there are any outstanding debts attached to the property – such real estate or utility taxes - as the new owner will be liable for them (a specific clause can be add the sale agreement, however, to clarify that the vendor will still be liable). It is also worth double checking land registry details to make sure the property is not owned by more than one person a the address of the property matches that on the title deeds. For anything relating to ownership, it is recommended that foreign buyers seek the advice of an independent lawyer to clarify terms on a standard Tapu or title deed.

Some of you will have heard of the new bill recently passed regarding the Turkish property market, o more specifically regarding which nationalities can buy property in Turkey.

When the Turkish property market was first opened to foreign buyers in 2002, foreigners were allowe

buy only in a few zones. And because of the so -called reciprocity clause, only those from countries t

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However, it wasn’t a blanket end to reciprocity allowing everyone to buy property in Turkey; the

government said that it would publish a new list of nationalities that would be allowed to buy in Turke under the new legal system.

Since Aug. 6, nationals from 183 countries have been allowed to buy in Turkey, although there are s

restrictions, including countries that share a border with Turkey, which apply mostly to border proper

The law also increases the amount of land foreigners can purchase in Turkey without needing specia

permission from 2.5 hectares to 33 hectares.

Some Big Hitters

Nationals of Russia, China, and India were all banned from buying in Turkey because of reciprocity b

are now allowed to buy under the new law. Although Chinese and Indian buyers will need approval o Turkish Domestic Affairs Ministry, and Russia can’t bu y in Turkish cities near the Russian border, incoming buyers from these three emerging economic powerhouses are expected to add millions in

revenue to the Turkish property market. But by far the biggest sales boost is expected to come from newly-allowed-to-buy Gulf Arab states of UAE, Saudi Arabia, Yemen, Lebanon, Libya, Kuwait, Qatar Jordan, Egypt, and Bahrain.  Arabs like to vacation and invest in other Arab states, and failing that, in Muslim countries.  Advertisement

Thus, the Arab Spring protests that shook the Arab world effectively took a scythe to Turkey’s compe for Arab tourism and investment. Egypt is a prime example; it had been one of Turkey’s main compe for Arab and international tourism before the Arab S pring, but the Arab Spring deposed the governm

and left an unstable power vacuum, which was unsafe for family holidays and unappealing for invest

 At the same time, Turkey’s popularity in the Arab world was being increased even further because o

firm stance on Israel over the recent Flotilla incident in the strip. The fact that the Turkish governmen

spent the 18 months prior to the Arab Spring increasing relations with nations around the world, inclu the gulf, and that this led to many visa- free travel deals between Turkey and Arab states, including S Jordan, Lebanon, and Libya, has all helped to increase Turkey’s popularity in the Arab world. As a re it is expected that the Arab nationals newly allowed to buy property in Turkey will add $2 billion per y additional revenue to the property market.

 Already Breaking Records

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This was before Turkey opened its doors to any additional nationalities, and indeed most of the buye

came from within Europe. It is thought that they plan to sell the properties on now that the law is pas

Those Not on the A-List But it is not all peaches and cream, as many nationals were still left facing severe restrictions on purchasing property in Turkey, and others remained banned altogether.

 Although on the list, Greek nationals are banned from buying in its bordering areas, all shore cities, Istanbul (28 cities in total). Azerbaijan (Nahcivan), Bulgaria, Iran, Iraq, and Georgia are in the sam

when it comes to inability to buy in their border cities. Nationals of Palestine, Seychelles, Iran, and Ir

are in the same boat as those from China in that they need approval of Turkish Domestic Affairs Min Meanwhile, Iranian citizens must not have any UN sanctions against them and Iraqis must get permi from both Domestic Affairs and Foreign Affairs Ministries.

Change in Turkish property law brings unwelcome hiatus Tuesday, 19 June 2012

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Share Important update:  Turkish parliament recently brought in some significant changes to property law, which are designed to make it easier for foreigners to acquire property. Ironically, the introduction of these changes has created a temporary problem, which means that for the time being at least, no property may be sold to a foreigner. In this article we explain what's going on.

Reciprocity requirement dro Hitherto, Turkish property law, in so far as it related to foreigners, was based upon the principle of reciproc other words, foreigners could buy property in Turkey, if their country allowed Turkish people to buy prope requirement has now been relaxed.

For British nationals, this change makes no difference, as they were already permitted to buy property in Tu However, for foreigners from some countries - notably from Arab countries and Russia, this relaxation opens u prospect on getting into the Turkish real estate market.

The new laws also open up the possibility of foreigners buying more land. Previously, there was a cap hectares per individual*, but this has been increased to 30 hectares, and upon application to the Coun Ministers, the limit may be increased further, up to a maximum of 60 hectares. The law restricts the purchase by foreigners, to 10% of the total area of a town/city. * In fact the "individual"may be a foreign person or a foreign company.

So why the ban on s Under the provisions of this new law, the Turkish government must now decide wh the 89 countries, whose nationals were previously barred from owning property in T may now be added to the list of countries, whose nationals can buy property.

The problem is, that until this list has been agreed, the sale of property to foreigne been completely stopped. Nobody knows exactly how long this hiatus will last, w unfortunate, if you are on the cusp of buying your property in Turkey. But thin eventually get back to normal. Important update: The temporary suspension of sales to foreigners ended on 6th August 2012.

Military clea One other bit of good news from this latest change in the law, is that by May 2013, it will no longer be necess wait for a military clearance search. This is because the Turkish military are to provide tapu (title deed) office detailed maps, showing any restricted areas. So a simple check against this map, is all that will be required in - thereby saving time.

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Some foreigners have property on 2B land, having paid the "landowners", and despite not having a tapu, the themselves as the rightful owners. To put it mildly, this is a legal minefield. However, with the passage of th law, they now have an opportunity to regularise the position, and get a tapu. But t a price to pay.

Payment to the Turkish govern Because this is, and always has been, forestry land, the Turkish governmen unreasonably, would like those who claim to "own" a piece of it, to pay them for it.

So in addition to any private payment they may have already paid, 2B "owners" mus make a second payment to the Turkish government. The government will come up w official valuation of the land, and 2B "owners" will be required to pay a sum equal to 50% of the official valuat they pay up front.  Alternatively, the can pay 70% of the official valuation, if they choose to pay by installments.

If you are affected by this change in legislation, we suggest speaking to your local tapu office as soon as possi

The Turkish government expects to collect around $15 bil revenue from the sale of these forestry lands.

The property m So what will these changes mean for the property mar Turkey? Well, in theory, opening up property to new b (especially Arab and former eastern bloc nationals), should in demand.  And as any A level economics student will tell you, where increased demand, prices go up. That's the theory anyway.

But in practice, Turkey is not one big, homogenous property market. It comprises lots of different niche mark with their own subtle differences and peculiarities.

Over recent years, the Kalkan property market, in terms of foreign buyers, has been dominated by the Br However, this dominance is being challenged by relatively new entrants to the Kalkan scene, including R buyers. Under these revised laws, it will be easier for Russians to buy property here - for example, they longer need to have residency.

If more Arab and Russian nationals decide to buy in Kalkan, you can expect to see prices rise at the luxury e the property market. To some extent, this is already happening.

Perhaps this will have a knock on effect on the rest of the market, and help to maintain Kalkan's up-market ima

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Turkish inheritance law is very complex and not particularly attractive for expats who own property in Turkey, so be careful of it and make a will!

You're here: Home » Property Abroad » Property in Turkey » Beware Turkish Inheritance Law When

Buy Property in Turkey If you’re planning on living in Turkey, or buying  property in Turkey, you need to be aware

Turkish inheritance law.

With a view to eventually joining the European Union, the Turkish legal system has now been

integrated with the continental European system incorporating elements from the Swiss, Germa French and Italian codes, however expats living in Turkey do need to be aware of the difference inheritance law, as do those who purchase immovable property in the country.

The main principle regarding property is that the property is regulated by the laws of the country which it is located. This means that if you own property in Turkey, Turkish law is the applicable when it comes to you shuffling off this mortal coil.  And you might be a little surprised to learn the laws of succession in Turkey differ significantly from our own in the UK.

If you die without having made a will and you are married, then your Turkish property will be spli along the following lines:- if the property was in joint names your spouse will retain 50% of the property. The first statutory heirs are any children of the deceased and they would receive the o half of the property. If there are no children, then the parents of the deceased and their offspring brothers and sisters of the deceased, would receive the estate. If the parents are dead then the grandparents and their offspring are the statutory heirs.

So, if you and your spouse buy a property and put it in joint names, the best that can happen is t your spouse gets 50% of the house when you die. The other 50% c ould be divided multiple wa

and force the sale of the property in which your poor bereaved partner was hoping to remain livin Not ideal really.

If the spouse is included with the children in sharing an inheritance then they have a statutory sh of 25%, if they are sharing with the parents that moves up to 50% and if they are sharing with the grandparents 75% of the estate will be theirs. If the deceased has no surviving next of kin then spouse receives everything and if there are no surviving heirs then the government gets to keep your property in Turkey.

So basically you need to draw up a will in the form specified by the Turkish Civil Code if you wan bequeath a property in Turkey, as a foreign will which does not comply with Turkish law may be invalid. In order to make a will in Turkey you need to be of sound mind and over 15 years of age and wills disposing of property in Turkey can be made on an official form, handwritten or orally

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Children can inherit property in Turkey while both parents are alive, provided the parents are ma and the parents or an appointed third party can then manage the property.  As you can tell, the and laws are complex and favour the protection of the extended family. To that end we would s two things, firstly you have to have a will if you’re thinking about moving to Turkey or buying a Turkish property, and secondly as an expat or someone who holds assets in more than one cou you need to make sure that your will covers all jurisdictions. To learn more about expat wills an how to write them properly see our earlier article ‘When Will You Sort Out Your Expat Will?’

urchase of Real Estate by Foreigners in Turkey By

Eda

 ADMD Law Office, Istanbul TURKEY

In the past decade purchasing property in Turkey became very popular through holiday h

owners and investors worldwide. The first time that it was permitted to foreign buyers to purc

real estate in Turkey was in the year of 1934 with the Property Act. At the present day the real e

market in Turkey is developing and becoming one of the prominent markets among

Mediterranean countries. The main purpose of this brief article is to explore the legal structur the procedure of purchasing real estate in Turkey for foreigner.

The Legal Structure for Foreigners to Purchase Real Estate in Turke

 Acquisition of a real estate in Turkey by foreign real persons and legal persons is regulated b Statute No: 7782, dated July 3, 2008 and the Article 35 of the Property Act No: 2644.

Foreign individuals are permitted to obtain real estate in Turkey, that is to be used as a bus

office or as a residence and that is registered within the building development scheme o

localized building scheme, on a basis of reciprocity and in accordance with the legal requirem The same conditions are in demand for the establishment of limited title related real rights.

The surface area of the real estate and the limited real rights which have the attribution

permanency and detachedness, that a foreign real person is permitted to obtain, cannot excee

hectare. The Council of Ministers is authorised to determine the areas, that the foreign real per

and legal persons cannot purchase considering the national security and public interest becau the attributions of strategic importance, flora and fauna, irrigation, energy, agriculture, resources, belief and culture, on a proposal of the related public institutions.

On the basis of districts and counties, the foreign real persons can purchase up to the 10% of su

area of the real estate that is registered within the building development scheme or the loca

 building scheme and the Council of Ministers is authorised to determine a different percentage

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Directorate of Real Estate announces the lists of reciprocity between Turkey and the other State

this purpose. The reciprocity principle has not been changed since the date that the Property Ac

first came into force. However, the list of the countries that entered into the agreement of recipr  with Turkey has been fluctuant. These lists are renewed, when the states authorise

agreeements with Turkey to obtain real estate on reciprocal terms or their actual legal practice a Turkish citizens the same rights.

 As per Article 35 of the Property Act, the trading companies, that have legal personalities an

established in foreign countries according to foreign statutes, are permitted to obtain real estate limited real rights on a real estate pursuant to special statutes. The relevant special statues are; 1. Law No: 2634 for promotion of tourism 2. Oil Law No: 6326 3. Industrial Zone Law No: 4737

The Statutable Restrictions:

In addition to reciprocity limitations the following limitations apply: 1.  According to the limitation concerning the area, the complete area, which is under the ownership or officially under use of a foreign legal personality, is not allowed to exceed 25 m2. In addition to this limitation; in each area, the foreign individuals cannot own in exce 0,5% of the whole area of this region. 2.  According to the limitation concerning the reciprocity principle; a foreign individual is all to purchase a property within the borders of Turkey only if the country, that the purchase the citizenship of, gives Turkish citizens the official authorization to obtain property unde equal conditions within its borders. 3. The military exclusion and security zones and the zones that have a strategic importance pursuant to its agricultural qualities or the qualities related to energy resources are also appertained to legal limitations. 4. The States cannot obtain real estate within the borders of Turkey other than for the purpo of embassy and consulate use based on international agreements.

 Acquisition of Real Estate in Turkey by Syrian Citizens: The real properties in Turkey that belong to the Syrian citizens, are the acquisitions in the period before annexation of Hatay to the borders of Turkey in the year of 1939. After this

acquisition of real estate in Turkey by Syrian citizens is allowed only with Court decisions and succession with the determination of cadastre.

Furthermore, since the year of 1966, Syrian citizens have no power of disposition as a propriet

their real properties in Turkey that are under the administration of Turkish Treasury. Accordin

specific Statute titled “Mukabele-i Bilmisil”, the authority to administrate the real properti Syrian citizens belong to the Finance Ministry.

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 Acquisition of Real Estate in Turkey by Israel Citizens:

The real persons who are the citizens of Israel, are permitted to acquire real properties in Tu

only if they posess a residence permit valid for 6 months prior to such transaction base reciprocity.

Legal Structure of Obtaining Real Estate by Turkish Enterprises wit Foreign Capital:

The acquisition of real estate by enterprises with foreign capital participation is regulated by A

36 of the Property Act No: 2644 that was created by the Statute No: 5782, dated July 3, 2

 Accordingly, the enterprises with foreign capital participation are permitted to acquire real esta

limited rights on a real estate in Turkey to carry out the activities that are specified in their Artic

 Association. The same principal is valid for the transfer of the real estate to another ente

established in Turkey with foreign capital participation and for the transformation of a company national capital to a company with foreign capital participation through the share transfer.

Except for the provisions of Closed Military and Safety Zones Law No: 2565, dated Decembe

1981, the acquisitions of the enterprises with foreign capital participation in closed military z

safety zones and the areas that have strategic importance are subjected to permission of Tu

General Staff and its authorised commandership. If this prior evaluation is affirmative, Governo

finalizes the application subject to the opinion of City Directorate of the Ministry of Industry Commerce regarding the company’s field of activity de termined in its Articles of Association.

The acquisitions in private safety zones are subjected to the permission of the governorship.

particularities that are dependent on the authorization of governorship are determined b

commission of the agents of governance considering the security of country and the convenien the activities specified in Articles of Association.

In accordance with “Regulation Regarding Acquisition of Immovable Properties by Companies

Foreign Investment” published in Official Gazette No: 27052 at November 12, 2008, fo

acquisition of real estate by aforesaid companies, it is necessary to apply to the Governorship

 will evaluate the application. Outcome of the evaluation will be decisive in fulfillment of req

 According to Article 4 of the Regulation, companies that intend to acquire real estate pro

ownership and/or limited real property rights in Turkey shall apply to the City Planning Coordination Department of the Governorships of the region that the property is located at  with the information and documents below:

a) An application petition regarding the purpose of inquiry and with the details of the real e

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