The Turkish legal system derives from various European systems, mainly French, Italian, and Swiss and so it differs from UK law However; property ownership in Turkey by local or foreign nationals, is a constitutionally recognised right. Furthermore, the protocol under European Human Rights and the Main Provisions Agreement guarantees these rights, but at the same time accepts that individual ownership may be restricted in accordance with the general principles of the Law of Nations.

As in other countries, there are some implications that are associated with property acquisition by foreign nationals in Turkey but the bilateral agreement with the United Kingdom means that it is certainly possible to buy a beautiful home in this fascinating country.

Step 1 - Restrictions
1. Military Forbidden Zones and Safety Regions
Properties in the Military Forbidden Zones and Safety Regions cannot be transferred, sold or rented by foreign nationals. As a formal practice, the Land Registry Office contacts tile Army Headquarters for clearance once the application is received from a seller intending to sell to a foreign buyer. This is part of the Security Investigation process, which takes between two and three months.

2. 30-hectare limit
There is a limit on the total area that a buyer from overseas can purchase. Foreign nationals cannot acquire larger than 30- hectare properties n Turkey.

3. Village law
A recent change in the law (it was passed in July of la.st year) abolished restrictions on foreigners acquiring properties in villages Previously, properties purchased by foreign nationals, had to be within specific municipality borders.

The new law is now fully implemented and buyers from abroad can purchase properties in rural areas. This rec change is also in line with Turkey’s new Foreign Direct Investment Law, where the differences between foreign and local investors are minimised.

Step 2 – Purchasing in Turkey
According to Turkish law foreigners may acquire property in Turkey provided:
• There is reciprocity between Turkey and the buyer’s country of origin.
• That the intended property does not lie within a Military Zone.

As previously mentioned, recent changes in the law have made it possible for a foreigner to buy a property outside a municipality, i.e. a council district as there is a bilateral agreement with the UK and the Republic of Ireland, there are no restrictions applicable to British and Irish citizens wishing to purchase properties in Turkey In accordance with the Turkish legal system, the property ownership is mainly freehold.

Property purchases can be conducted in the following two ways:
• Conducted in Tapu Dairesi (Land Registry Office); or
• Performed in Noter (Notary Public).

Both practices are legitimate methods of sales. However, a sale performed in the Land Registry Office is the most common way of purchasing property in Turkey.

The transaction is completed in the Land Registry Office in front of a Land Registry official. The title deed holder (owner) or their legal representative gives consent for issuance of a new title deed with the buyer’s details At this point, the money for the property exchanges hands. The sale performed in the Notary Public gives the purchaser a right to register the property at a later stage in their name in the Land Registry Office.

In either case, the seller must have the authority to sell the property Should the seller be acting on behalf of the owner or the part owner, a power of attorney clearly mentioning this authority is required.

Step 3 – The contract
The contract is particularly important because of the aforementioned investigation process conducted at the Army Headquarters. It must be established whether or not the property is in a Military Forbidden Zone (a process that, as said, may take a couple of months).

The buyer cannot hold the title until the Land Registry receives the clearance of the Security Investigation. This time lapse creates some degree of difficulty for the foreign purchasers on either method. Any payment made towards the purchase must therefore be recorded in a form of a contract.

The contract should ideally be drawn up in Turkish and English so that both sides understand its content. Also, should there be any dispute, it would be dealt with in the Turkish court and it is therefore important that the contract is drawn up in Turkish.

Step 4 – The Deposit
It is common practice to make a 10 per cent deposit payment to hold the property and for the vendor to start the clearance process. It is important that this deposit payment be recorded in a short contract in a language that both the buyer and the vendor can understand.

At the time of deposit payment, it is important to check:
• Property status - details of the property and whether the property is in the restricted area or not (this would be an opinion based on previous sales in the area).The restriction may be a result of property being in a military zone or a nature protection area.
• Property ownership - the property belongs to the vendor and they have a legal authority from the owner to sell it.
• Constraints - existence of pre-emption rights or restrictive covenants, or debts over the property

Step 5 – Registering the property
Once you have agreed the sale with the vendor, you must then file an application with the local Land Registry Office in order to acquire the title of a property. However, before the title may be transferred, checks have to be made to ensure the property meets all necessary requirements. If the previous buyer was also foreign these are not necessary and the whole registering process may only take a few m as opposed to a few weeks.

You are required to present proofs or documents concerning the transfer of the full purchase price of the property to the Land Registry Office.

Step 6 - Insurance
Depending on the location, the buyer must take obligatory earthquake insurance provided by the government. Also, the purchaser can arrange private insurance for fire and other natural disasters.

Step 7 - Fees
The buyer and seller must each pay a three per cent agents’ commission, which is the standard commission expected by all Turkish estate agents.

The buyer and seller must each pay a three percent agents’ commission, which is the standard commission expected by all Turkish estate agents.

Step 8 - Taxes
There is no restriction in terms of repatriation of sale proceeds or income from the property. As part of the purchasing process the new owner is allocated a tax number from the Turkish tax authorities.

There are other taxes that are not part of the initial purchase but will affect the budget. These include homeowner’s tax, income tax charged on rental income and inheritance tax. As the UK and Turkey have a bilateral agreement regarding taxation, it is not necessary for UK citizens to be taxed on assets in Turkey twice.

The following are the main taxes and fees that will affect the purchase: