Real Estate Law in Turkey

-Ownership law in Turkey
-Purchase by foreigners law in Turkey
-Sales law in Turkey
-Sales by foreigners law in Turkey
-Rental agreement law in Turkey
-Building construction law in Turkey
-Real estate owners liability law in Turkey
-Building tax law in Turkey
-Title deed law in Turkey

Real estate law in Turkey

Principles of ownership of immovable objects are in general indentified in the Property Law section of the Civil Code. Property law includes not only ownership, but also acquiring and transfer of ownership, leasing the property and factors limiting property rights.

Ownership law in Turkey

According to the provisions of the Civil Code, every piece of real estate will be recorded in the title deed register of the place where it is located. The title deed is the official document which shows who has ownership rights over the real estate and upon which the owner's name and photograph appears.Any retsrictions which were placed on the real estate while it belonged to previous owner may be applied to the new owner after the transfer.

Purchase by foreigners law in Turkey

Ownership of real estate by foreigners in Turkey is governed in general by the principles of political and de facto reciprocity. According to the provisions of Title Deed Law no.2664, enacted 22 December 1934, a foreigner may purchase real estate in Turkey in keeping with the restricting provisions of this law and on condition of reciprocity between Turkey and his country of origin.It is also necessary to obtain permission from the General Directorate of Title Deeds, Cadaster and Military.

Sales law in Turkey

According to the provisions of the Civil Code, every piece of real estate will be recorded in the title deed register of the place where it is located and a real estate sale will be legalised only by being recorded in this register. The title deed, which is issued in the new owner's name, will show that the property has changed hands. Any restrictions which were placed on the real estate while it belonged to the previous owner may be applied to the new owner after the transfer.

Sales by foreigners law in Turkey

In order for foreign nonresidents to sell real estate which they own in Turkey, the sale price of such real estate must first be calculated by the tax assessment commission. The actual sale price must not he lower than this value nor more than a predetermined per cent higher. Monies received as a result of a sale are subject to taxes and blocking. However, provisions, brought on by the Foreign Capital Promotion Law, are reserved.

Rental agreement law in Turkey

Leases are governed in general by the Law of Obligations and in specific by Real Estate Rentals law no. 6579 of 18 May 1955. The following points must be clearly specified in a lease: The names and addresses of the lessor and lessee, the address and location of the rented property, the purpose for which it will be used, the amount of rent, the date the lease will become effective, and the period for which it is valid. In practice, printed lease forms are usually filled in by the parties. Attention must be paid that there are two copies of the lease, both signed, one copy to remain with each party. Leases may also be drawn up by a notary public, but this is not mandatory.

Building construction law in Turkey

Under the provisions of the reconstruction law no. 3194 of 3 May 1985, a building construction license must be obtained for all buildings from either the Municipality, the Province, or an authorized private architecture of engineering bureau. In order to obtain the license, application will be made to the above-mentioned authorities by submitting the title deed, the architectural drawings, the structural drawings, and the electrical and mechanical installation drawings. If the application is complete, the authorities will grant the permit within at most thirty days. If the application is incomplete or irregular in any way, the permit will be issued only after the deficiencies or errors have been eliminated. a specific fee will be charged for the construction permit.

Owners liability law in Turkey

A building owner is liable for any injury which results from poor construction, negligence, or misuse. If a building of faulty and unsound construction collapses, and if any injury or damage results, compensation will be sought from the owner. the period for a contactor's liability is five years.

Building tax law in Turkey

Buildings within the borders of Turkey are subject to the building Tax. Building Tax is governed in detail by the Real Estate Tax Law no. 1319 of 29 July 1970. Tax declarations for buldings within the boundaries are made to the municpality.

Title deed law in Turkey

The name title deed is given to the official document which shows who has ownership rights over a piece of real estate and upon which the owner's name appears. Rights over real estate are recorded on official registers kept by the Office of the Conservator of Title Deeds. Such Offices also issue title deeds.Since article 928 of the Civil Code embodies the principle of public registration of title deeds, no one may claim ignorance of the privileges and restrictions recorded in the deed register. Mortgages and other restricted privileges will also be recorded in the title deed register