The Property Law in Turkey
After the advent of the Development and Justice Party (Adalet ve Kalkinma Partisi) and its call for general development and economic development, foreigner started having the chance to possess and invest in all field and in many ways in Turkey.
The Development and Injustice Party has made many essential and beneficial economical amendments after they have achieved a notable and essential political amendments.
Before 2012, the principle of reciprocity according to the acquisition of property and foreign investment in Turkey was dominated. In other words, Turkey followed a system which depended on the mutual relationships between countries. Thus, if a specific country allowed the Turkish people to possess and invest in it; in return, Turkey would allow people from that country to possess lands and invest in it and if a country didn’t allow Turkish people to invest and possess lands in it then Turkey would do the same for this country’s people.
However, the principle of reciprocity between Turkey and other countries has been abolished by the Turkish Property Law No 2644 which was declared in 18 May 2012. According to this law, all foreigners, from all over the world whatever their country is, are able to possess and invest in Turkey.
There are two types of legal individuals according to the legal principles:
- The Layman
It means the normal person who represents himself/herself only. According to the New Turkish Property Law and Investment, the foreigner layman has the right to possess all types of estates (lands-inhabitations- offices) just in case he/she follows the special rules of the Property Law in accordance with the Turkish legal system.
The owner in Turkey has the right to invest in his/her land which he/she possess in Turkey. But, he must inform the ministry which is responsible for the project and take its agreement; namely, if it is an agricultural project, he/she should inform the Ministry of Agriculture, or if it is an industrial project, he/she should inform the Ministry of Industry and so on.
The legal form of the property contract for a foreign layman who possess property in Turkey:
According to the Turkish laws, the transfer of properties is done by “legal Contracts Institution” in any Turkish city. This institution registers and completes the writing of contracts between both the seller and the buyer.
The special legal boundaries for the possessing in Turkey by a foreign layman:
- The layman has the right to possess only 30.000 m2 in Turkey, and he/she does not have the right to possess more.
- Foreigners do not have the right to possess near the police stations and military sites. In addition, foreigners do not have the right to rent in these areas.
- If the layman has a commercial trademark list from his own country, the property’s rules; according to this law, will not be applied to his/her situation. Thus, he/she has the right to possess whatever he/she likes unconditionally.
- Each land has to be expropriated in case it develops its projects inside its boarders. Therefore, the ministries which are responsible for these projects will not be informed.
- The army’s acceptance must be taken for possessing any estate to a foreign company in Turkey.
The Matters which a foreign investor has to take into consideration before purchasing:
- Making sure that there aren’t any legal issues related to the estate which he/she wants to invest in. in order to make sure of this, you can go to the registration institution. This applies to the case of used apartments’ purchase.
- In case the possession demand is refuted, you can object to the nearest registration department in the area that you want to possess in.
- Staying away from any Turkish person, whether he/she is a lawyer or solicitor etc, in case his/her procedures are under suspicion.
- In case a foreigner wants to possess in Turkey, he/she will not be asked whether he/she has a residence or not.
- If any struggle begins between the buyer and the seller, the struggle should be transgressed to judicial courts.
- The possession of legal individuals in Turkey.
‘Legal individuals’ means companies with formal commercial list, general bodies, agencies and institutions.
The law of property for estates in Turkey has been declared under article 35 of the Turkish Property law No. 2644.