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In Turkey, you are not obliged to employ a notary to handle the transfer of ownership...
 

 
Investment Property Abroad

Countries which have full reciprocity with Turkey in terms of real estate acquisition   
 

In Turkey, you are not obliged to employ a notary to handle the transfer of ownership. However, if the purchase agreement is drawn up by a notary and the deed is registered with the Public Registry Office, this entitles the buyer to make a legal claim against the seller in the event of a dispute.
This is the only time when a notary has to be employed.

There are many differences between estate agents in Turkey and in EU in terms of professional skill and the way they do business.
As a buyer, you should pay special attention to the following points at least. We should warn you that this list of recommendations is by no means comprehensive and should be used as an indication only.

Check-list:

  
• Does the seller actually own the property? How is this registered with the Public Registry Office and when did the seller become the legal owner?

    • Check the current legal status of the property with the Public Registry Office.

    • Check the identity of the seller based on valid identification documents (passport or driving licence or European and/or Turkish identity card, or a copy of
        the entry in the Registry of Companies if that applies).

    • Make sure there are no strings attached. In other words, check the Public Registry Office for any outstanding mortgages and/or attachments or pledges to
        third parties.

    • Check the local zoning plan.

    • Find out whether it is actually possible for a non-Turkish citizen to own the property. It may be that Turkish law imposes strict conditions on this or even   
        forbids it entirely.

    • Check the building permit, including the construction documents and drawings.

    • Find out whether the property is insured.

    • Find out the conditions of the guarantee that was issued for the products and materials used to construct the building(s).

    • Find out how long the shell of the building is guaranteed.

    • Check whether an "Iskan ruhsatı"or an "Yapı Kullanma Izni"(a sort of habitation permit) has been issued by the municipality. This is issued following a
       check on whether the new building matches the building permit and whether tax and social security contributions have been paid for the construction
       workers.

    • Inquire about an inventory of fixtures made at the time of the actual handover.

    • Check on the stated purchase price at the transfer of ownership.

    • Find out about local taxes.

    • Find out about service costs.

    • You may wish to provide a power of attorney for the sale and/or purchase if you unable to be present at the transfer of ownership. This must satisfy
       Turkish legislation and regulations.
 

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