Why Do You Need A Lawyer to Buy or Sell A Real Estate?

Whether you are a foreign person or company that will purchase real estate in Turkey for purposes such as obtaining citizenship or investing, or you are planning to sell your real estate in Turkey. Or, you are carrying out real estate transactions in the land registry in Turkey in order to acquire usufruct and similar rights in rem. In order to prevent any dispute or damage from occurring, it is vital to get information and legal support from a lawyer before and during the transactions.

As Viridis Legal Partners; with our team of real estate attorneys;  we are here to support you in buying or selling transactions; land, workplace, house; real estate of all kinds.

In this article, we aim to inform you about the points to consider when buying and selling real estate in Turkey and how we can support you.​

Introduction

As we begin this topic, we evaluate it important to share with you a brief information about the functioning of real estate law in Turkey and the importance of title deed records.

In Turkey, real estate ownership and title deed records and the legal protections provided by it are regulated within the scope of the Turkish Civil Code No. 4721. With various provisions of the said law, regulations have been introduced that the owner of the real estate is the person whose name is registered in the land registry and that the title deed records eliminate good faith.

For example;

“992- In immovable properties registered in the title deed, only the person whose name is registered can benefit from the right to file a lawsuit arising from the presumption of right and possession.

1002- The land registry is open to everyone.

Anyone who makes his/her interest credible may request that the relevant pages and documents in the land registry be shown to him in front of the land registry officer or that copies of them be given.

No one can claim that they do not know an entry in the land registry.

1022- Real rights arise by registration in the land registry; takes their order and dates according to registration.

1023- This acquisition of a third person who acquires ownership or another real right based on the registration in the land registry in good faith is protected. “

With the provisions of such articles above, the affinity between land registry records and real estate ownership is strongly expressed. 

To summarize; ownership of real estate is acquired by registration in the land registry. In other words, real estate ownership does not pass through a notary, through a written or verbal contract, or through turnkey delivery. It is passed through only registration of ownership in the title deed. No one can claim that they are not aware of a record in the land registry, and this gain of the third party who gains the right by relying on the land registry records is protected. If there is a court order, lien, mortgage or similar record on the immovable property, or if the immovable property is restricted by another real or relative right, you purchase the immovable property by accepting these restrictions appearing in the title deed. And if your right to ownership over the real estate is not clear from the title deed records, it will not be possible for you to assert these rights against third parties who have acquired rights by relying on the current records in the title deed.

Which Steps Should Be Taken Before Buying or Selling Real Estate in Turkey?

When buying or selling real estate, it is important to do preliminary research on the property. First of all, the title deed should be inquired on the targeted real estate and it should be checked whether there are any court injunctions, annotations, mortgages, liens or similar records. If there is such a record on the real estate, the owner of the real estate should be contacted to remove these records, or if a purchase is made with these records, an agreement should be reached with the real estate seller. In addition, if there is shared ownership on the real estate, it will be useful to examine the transactions made by the stakeholders on the real estate.

In the next stage, municipal records should be questioned to check whether there is any property tax, other taxes or debts on the real estate. In addition, it would be practical to question the zoning status of the property at this stage in order to prevent the acquisition of a property that is contrary to the zoning or plan and any subsequent damage.

Thirdly, we recommend that the property be seen on site and its current condition determined before purchasing, in order to avoid disputes that may arise due to defects and other issues.

What to Consider When Buying or Selling a House in Turkey

In accordance with the Turkish Civil Code, the following are recorded as immovable properties in the land registry:

1. Land,

2. Independent and permanent rights on real estate,

3. Independent sections subject to condominium ownership.

Houses mostly appear as independent sections that are subject to condominium ownership. Here, besides the Turkish Civil Code, another important legislation is the Condominium Law No. 634.

The following definitions are made in the said Law, and especially the definitions of condominium ownership and floor easement are important for our subject.

 “a)The whole of the real estate subject to condominium ownership (Main Real Estate); 

only the main building part (Mainstructure) and the parts of the main real estate that are suitable for separate and independent use and are subject to independent ownership in accordance with the provisions of this Law (Independent section); are outside an independent section and are directly To the places allocated to that section (Extension), to the property rights established on independent sections (Condominium ownership) and to those who have this right (Condominium owner);

b) Places outside the independent sections of the main real estate that serve for protection and common use or benefit (Common places); flat owners’ rights to benefit from these places in which they are shareholders as joint owners (Right to use);

c) The easement right established in accordance with the provisions of this Law by the owner or co-owners of that land for the independent parts of one or more buildings that will be built or are being built on land to be subject to condominium ownership in the future (floor easement); and to those who have this right (floor easement owner);

d) Common ownership shares of the land allocated to independent sections in accordance with the principle written in this Law (Land share);

e) Official document (Contract) regarding the establishment of condominium ownership or easement. “

Here, it would be appropriate to say that in terms of Turkish law, floor easement is prior to condominium ownership and it can be converted into condominium ownership with the building occupancy permit issued for the entire building upon the request of the parties.

In terms of a house that is an apartment, it would be appropriate to investigate before purchasing whether the title deed is a condominium title, that there is no land use in the case of zoning, and whether the square meter values shown in the title deed and the actual square meter values correspond to each other.

What Are the Issues to Be Taken Into Consideration When Buying and Selling Land or Agricultural Land in Turkey?

When evaluating the sale of land or agricultural land qualified real estate to foreigners in Turkey, various provisions of the Village Law No. 442, the Land Registry Law No. 2644 and the Soil Conservation and Land Use Law No. 5403 should be taken into consideration.

Although the principle of reciprocity in land sales to foreign real persons has been abolished in Article 35 of the Land Registry Law, the Presidency determines which country’s citizens will acquire real estate in Turkey. However, the surface area of real estate that foreign real persons can own in Turkey cannot exceed thirty hectares.

Article 87 of the Village Law, which prohibited foreigners from owning land in villages, was abolished. On the other hand, in order for foreigners to reside in villages, they must obtain permission from the Ministry of Internal Affairs in accordance with Article 88 of the same Law.

We would like to state that we repeat what we wrote above about real estate sales in this title.

At What Stage Is Payment Made When Buying and Selling Real Estate in Turkey?

In real estate buying and selling transactions, the stage at which the payment will be made may cause problems that challenge the trust between the parties. On the other hand, making the payment by means of a blocked check at the bank or by payment to the land registry office’s bank account provides the necessary security. In Turkey, payment is generally made after the parties have signed the title deed.

What are the Required Documents for Real Estate Buying and Selling in Turkey?

The documents required for title deed transfer transactions in Turkey generally consist of the following.

• Original title deed and its photocopy
• The original and photocopy of the identity card, with the TR ID number clearly visible
• A passport photo of the buyer taken within the last 6 months
• Document showing the current market value received from the municipality where the property is located
• If there is someone authorized over the real estate, a power of attorney to prove this
• Compulsory earthquake insurance certificate

With all these, also for foreign real persons; in land registry transactions, foreign country identity documents or passport documents issued by the competent authorities of the countries of the nationality of real persons of foreign nationality are the basis for identification and must be presented to the official during the application. In addition, in all sales transactions in which foreign real persons are parties, both as buyers and sellers, a valuation report showing the market value of the real estate must be submitted. This report must be prepared and approved by the valuation institution in accordance with international valuation standards. 

For foreign legal entities; it is necessary to submit an authorization certificate issued by the competent authorities of the countries in which they are affiliated, showing that the company is duly established and operates and that it is authorized to carry out the relevant title deed transactions. The original and certified translation of this document, which includes an apostille in accordance with the Hague Convention on the Abolition of the Obligation to Certify Foreign Official Documents dated October 5, 1961, and if there is no apostille annotation, the same documents containing the certification of the Turkish Consulate in that country must be sought.​

How Much Does Buying and Selling Real Estate in Turkey Cost?

The price to be paid in real estate buying and selling transactions in Turkey consists of title deed fee and title deed revolving fund payment. The title deed fee is collected at the rate of 20 per thousand separately for the seller and the buyer, based on the value declared for sale, not less than the declared real estate value declared by the municipality where the real estate is located.

Revolving fund payment varies depending on the local coefficient applied where the real estate is located.

Who is a Real Estate Lawyer? 

Real estate law is a branch of law that regulates the rights of people over immovable properties. A person who provides legal assistance within the scope of her/his expertise in matters and transactions related to real estate law is called a real estate lawyer.

What Does a Real Estate Lawyer Do in Turkey?

In the scope of buying and selling real estate, real estate attorneys deal with “real property” transactions, encompassing land and any permanent structures affixed. For foreigners looking to buy property in Turkey, this means:

• Document Preparation & Review: A meticulous look at your home purchase contract, agreements with the seller or buyer, title, and transfer documentation.
• Title Searches & Insurance: A thorough check for any outstanding claims or liens against the property, ensuring a hassle-free purchase.
• Transaction Facilitation: Acting as a third party, they ensure the seamless transfer of funds and other transaction-related processes.

Likewise, the distinctive aspect of Turkish real estate laws, especially concerning foreigners, necessitates that a lawyer is well-versed in real estate law nuances.

Conclusion

With this article; We aim to emphasize the pivotal role of legal guidance in navigating real estate transactions in Turkey. Governed by the Turkish Civil Code, the ownership and title deed records form the core of property dealings. We highlight the various legal intricacies involved when purchasing or selling properties, ranging from condominium ownership laws for houses to specific regulations for land or agricultural land transactions, particularly for foreigners. The timing of payments, necessary documents, and the significance of having a real estate lawyer are crucial elements for ensuring a seamless transaction. 

As Viridis Legal Partners, our team of real estate attorneys in Istanbul is here to provide you with comprehensive support, facilitating a secure and successful real estate experience tailored to your individual needs.

How We Can Assist You

As Viridis Legal Partners, our team of experienced real estate attorneys is dedicated to providing comprehensive support for all your property transactions in Turkey. Whether you are a foreign individual or a company seeking to purchase real estate for citizenship, investment, or any other purpose, or if you are looking to sell your property in Turkey, our legal expertise is tailored to meet your specific needs. 

We offer assistance in navigating the complexities of Turkish real estate law, conducting thorough due diligence on properties, facilitating transaction processes, and ensuring legal compliance at every step. Our commitment is to safeguard your interests, prevent disputes, and provide you with the informed legal guidance necessary for successful real estate transactions in Turkey. 

Contact us for a seamless and secure experience in buying or selling various types of real estate, including land, workplaces, and houses.

Frequently Asked Questions

1. Why do I need a lawyer when buying or selling real estate in Turkey?

Whether you’re a foreign individual or company buying real estate for citizenship or investment, or selling property in Turkey, legal support is vital to prevent disputes. Viridis Legal Partners, with a team of real estate attorneys, can assist in various transactions and provide crucial legal guidance.

2. Who is a real estate lawyer, and why do I need one?

A real estate lawyer specializes in matters related to real estate law, assisting in legal aspects of property transactions. Their role includes document preparation, title searches, transaction facilitation, and ensuring legal compliance.

3. What does a real estate lawyer do in Turkey?

A real estate lawyer in Turkey handles document preparation, title searches, insurance, and facilitates the transaction process. They play a crucial role in ensuring a smooth and legally sound real estate transaction, especially for foreigners navigating Turkish real estate laws.

4. What specific considerations apply when buying or selling a house in Turkey?

Houses in Turkey are typically subject to condominium ownership laws outlined in the Condominium Law No. 634. It’s essential to investigate whether the title deed is a condominium title, confirm zoning compliance, and verify square meter values.

5. What legal aspects should be taken into account when dealing with land or agricultural land transactions in Turkey?

For land sales to foreigners, various provisions of the Village Law No. 442, Land Registry Law No. 2644, and Soil Conservation and Land Use Law No. 5403 should be considered. Foreigners are subject to specific regulations, and the surface area they can own is limited.

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