Procedures Required for Transactions of Property Rentable or on Sale in Turkey
Turkey is a country of attraction centre for those who want to be owner of housing especially in coastal line. In the country which possesses the circumstances eligible for foreign persons to rent a house with its convenient legal conditions and payment options, there exist some procedures to rent and buy housing for foreigners.
What to do by the Foreigners to rent a house in Turkey ?
The foreign persons who have obtained residence permit in Turkey have the right to rent a house. The most important part of renting a house for foreigners is rental contract. Rental agreement is a written document formalizing that landlord leaves its house to use of lessee and lessee utilizes this house by paying rental. Rental agreement serves as security measure against the problems which may come into question between lessee and landlord of immovable.
Items to be found in Rental Agreement
The following information has to be included in the rental agreement to be made between foreign lessee and landlord:
- Apartment number
- The neighbourhood in which house is located
- The Street and avenue where house is situated
- Type of rented property
- Name and surname of landlord
- T.R. identity number of landlord
- Address of landlord
- Name surname of lessee
- T.R. identity number of lessee
(out of the institutions entitled to issue “Work Permit Exemption Certification Certificate” which substitutes residence permit and is utilized to deliver work permit, the foreigners who apply to Ministry of Labour and Social Security, Ministry of Economy, Ministry of Culture and Tourism, YÖK Presidency may get the identity number special to foreigners if their records are sent electronically to General Directorate of Population and Citizenship Affairs)
- Address of lessee
- Starting date of rental agreement
- Agreement period
- Monthly rental
- Annual rental
- Payment type of rental
- Usage objective of property
- Condition of property
- Fixtures to be delivered along with chartered
Which other items should be present in Rental Agreement
The following articles which protect rights of both parties too should be present in rental agreement:
- Lessee should use property it hires with care.
- Lessee should act in goodwill rules against the persons who reside close to property it rents and its neighbours.
- Lessee cannot rent, assign the property it leases to third parties.
- Except for written consent of landlord, lessee cannot make any alteration at property. For the actions like repair, maintenance, renewal, etc., it has to take permit of landlord.
- In the event that no agreement is extended after expiration of rental agreement, lessee is obliged to hand over property to landlord as it has received. In case of presence of any damage or missing in fixtures present in house while renting property, payment of this damage to property owner is inevitable.
- In case that house is put up for sale or leased out following end of rental agreement, lessee has to give permission for touring and examining house.
- When lessee is to install equipment for house such as central heating boiler, heater core, satellite, steel door, floorboard, etc. it has to rake written consent of landlord.
- In cases requiring evacuation of rented house, if lessee fails to evacuate house in specified time, it becomes responsible for material damage to take place.
- If condition for deposit exists in rental agreement, find out what for you give deposit. Pay attention presence of updated conditions of current fixtures of house in rental agreement. The basic rule to take deposit back by you is the difference between condition of fixtures in time of making rental agreement and their condition in leaving house.
Things to do to purchase property in Turkey for foreigners?
Foreign persons can purchase the immovable like housing, workplace, land, field, etc. Provided that they comply with the limitations specified in law. If a foreign national is to purchase field or land, he/she should inform Ministry of Environment and Urbanization in 2 years about what type of a buildings he/she will construct on this land.
Which Conditions should be present for Sales Agreement ?
According to relevant law, transfer of immovable ownership is possible with official deed to be signed and registration in directorate of land registry. Therefore, transfer transactions should be carried out in directorates of land registry definitely.
What are the restrictions for Foreigners to purchase property?
According to relevant law, the following restrictions are valid in terms of buying property by foreigners:
- a) a foreign national can purchase maximum 30 hectare immovable across Turkey.
- b) a foreign national cannot buy property in military forbidden zone and security zones. Rental is only possible with special permit.
- c) Foreign persons can obtain immovable and limited real right up to 10% of surface area of the county which subject to private ownership.
- d) The properties which are determined not to have been used for the purpose of purchasing by legal institutions, no information is not given about type of structure to Ministry of Environment and Urbanization in 2 years in spite of being bought to construct building can be discharged by official institutions.
- e) The aforesaid restrictions are invalid for the companies having legal entity which are founded in line with the laws in their countries.
What kind of procedure should be followed to purchase property ?
Pre-application should be made to directorates of land registry for transfer transactions. Sequence number should be taken for pre-application. The phone no.181 may be called for that, application may be made over the address https://randevu.tkgm.gov.tr.
Following pre-application, a day is named for the person who will sell and buy property.
In named day, the following certificates should be prepared:
- Title deed certificate of immovable
- Passport and its copy of the person who will buy (Turkish translation may require)
- “Current Value Certificate for Property” to be taken from the municipality at which real estate is located
- Mandatory earthquake insurance policy for the buildings like housing and workplace, etc.
- 1 pcs passport photo of selling person, 2 pcs passport photo of buying person
- Sworn translator, if buying person does not know Turkish
- If transfer transactions are conducted via the power of attorney issued abroad, original or certified copy of power of attorney (to be translated into Turkish)
How much do Transfer Transactions Cost ?
- Title deed fees (for instance, if price of house is 100.000 TL, buyer should pay charge as much as 2% of that price.)
- Fee of circulating capital (maximum 260 TL for 2018)
- Service charge to be paid to directorate of land registry (480 TL for 2018)
Other Points to Consider
You should certainly learn if any restrictions like mortgage, attachment, etc. are available on immovable property. You can get necessary information from directorate of land registry about this matter. Foreigners should have residence permit to rent a house in Turkey. However, no residence permit is needed to buy property. Working with expert and professional real estate companies is always for the benefit of buyer. Therefore, we suggest you to receive help from the real estate and consultancy companies which are expert in buying property.
