A Look into Turkish Laws and Regulations
Text Mr. S.T. Kroon-Özyurt
Foreign project development for a second home in Turkey has increased significantly in recent years. The official sale and the transfer of ownership of real estate can only take place through registration at the Land Registry. In many cases, the selling party requires a deposit before the transfer date. If the transfer of ownership cannot take place immediately, the question arises as to how legal security can be offered to the purchasing party.
Pre-Sale Agreement
Gayrimenkul Satis Vaadi
The owner of real estate can record a promise of transfer of ownership (promise of sale) by means of a notarial deed. This agreement becomes officially valid after the notarial contract has been prepared and subsequently registered in the public register, namely the Land Registry. The validity period of this registration is 5 years. If this procedure is not followed, the land may be sold to third parties in the meantime. By means of this specific deed, the purchasing party has the right to register the relevant real estate under their name through the court (provided that the specified conditions are met), even without the consent of the selling party. This notarial procedure for legal security is, as in the Netherlands, relatively costly in Turkey.
Foreign buyers must also take into account the permit procedure of the military authorities before the transfer of ownership can take place. This procedure also applies to the above-mentioned agreement in order for it to be registered at the Land Registry.
Before signing the agreement, the purchasing party must also examine the legal and technical foundation of the project. The first question is: who has the right to transfer ownership? By answering this question, we know who the actual party is in this agreement. The recent zoning plan (less than 1 year old), the proof of registration of the real estate, the project plan approved by the municipality, and the construction permit (depending on the construction phase) are essential documents that must be examined and verified by legal and technical specialists at the Land Registry and the municipality.
Consult the Land Registry
Tapu ve Kadastro Müdürlüğü
Project developers or private individuals who wish to purchase land for construction must conduct research and obtain a number of important details about the real estate. At the Land Registry, detailed information regarding the title deed must be obtained. For example, the number of owners and the percentage they own, as well as any restrictions such as mortgages or liens on the property. Information about the exact size and geographical characteristics of the land (flat or with level differences) must also be obtained in order to determine how many houses can be built on the land and how large these houses may be.
It is important to know whether the land shown is the same as the one stated in the title deed. For this purpose, an official identification procedure can be requested from the Land Registry. This identification of the land must take place with the consent of the landowner. The procedure takes place after an appointment with the land registry officer.
Zoning Plan
Imar Planı
The zoning plan specifies, for example, what percentage of the land may be built on, how high construction may be, and how many meters must remain unbuilt from the road and neighboring plots. To determine whether the land is designated for agricultural use (tarla) or construction (arsa), the title deed (tapu senedi) can initially be consulted.
For cadastral planning, land falls under a specific authority. First, the ministry prepares large-scale planning for the area. Afterwards, municipal authorities are responsible for creating zoning plans on a smaller scale, for example at a scale of 1/1000. If the land is located within a municipal area, its zoning designation is generally determined by the municipal council. If the land is located outside municipal boundaries, the provincial administration (valilik) is the competent authority for the necessary zoning plan.
According to the legislation, there are specific cases where the ministry is designated as the appropriate authority for zoning plans. For example, when land lies between two municipal areas, when a road passes through the land, or when the land is located near an airport.
Building Permit
Yapı Ruhsatı
Once the zoning plan is known, the next step is to apply for a building permit from the municipality based on a project plan. This is called an “insaat ruhsati” (construction permit). If all documents are complete, the municipality issues this permit within one month. From the date the permit is granted, construction must begin within 2 years and must be completed within 5 years after the start of construction. If this obligation is not met, a new permit must be requested from the municipality. The costs for this are calculated by municipal experts and depend on the project plan and the size of the construction.
Project developers and private buyers are advised to transfer certain responsibilities and obligations regarding the realization of the construction to the local contractor through a detailed construction agreement. It is extremely important to work with a reliable, well-known, and high-quality contractor and an independent inspector for the project.
According to international private law, the legislation of the country where the real estate is located applies to the transfer of ownership rights. In this case, this is Turkish law. Therefore, when purchasing land or a second home, it is advisable to engage a legal expert specialized in Turkish law. Such a specialist has the necessary knowledge and can navigate the legal procedures to ensure a successful and secure purchase.
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