The Alien Property Acquired
Foreign natural and legal persons to acquire immovable property in Turkey, published in the Official Gazette numbered 25173 and dated 19.7.03 decided düzenlenmiştir. Accordingly, the amendment, foreign nationals in foreign countries by individuals according to the laws of this country with legal personality established trade companies for the acquisition of real property in our country has been linked to different principles. It outlines the principles of the Land Registry Law 35th the new state of matter has taken the following form:
To be mutual and legal restrictions to comply with registration, foreign citizens with real people in foreign countries according to the laws of this country with legal personality established trade companies, in the borders of the Republic of Turkey may obtain land. In the implementation of the principle of reciprocity, foreign states land acquisition for its own citizens or foreign countries, according to the laws of this country was founded with entities known to the trade company of rights, the citizens of the Republic of Turkey, or trading companies is essential to know.
Non-reciprocity between the Republic of Turkey states that land acquired by inheritance and the legal citizens subject to legal restrictions in areas of land, inheritance process is made and the cost is converted to liquidation.
Foreign nationals in foreign countries by individuals according to the laws of this country with legal personality established trade companies for more than thirty hectares of land acquired is subject to permission of the Council of Ministers. For the real estate by legal succession does not apply these provisions. Foreign real persons, testamentary disposition, except through legal inheritance of more than thirty hectares, the Council of Ministers to obtain permission to land depends. It is not allowed if the cost is more than the amount is converted to liquidation.
Foreign nationals in foreign countries by individuals according to the laws of these countries have established legal entities in favor of trade companies, the same limited real rights on terms of reciprocity between the plant will be.
Public interest and the country in terms of security, the application of this clause of the Council of Ministers is authorized to determine the locations will not.
Reciprocity
The existence of the principle of reciprocity, an important factor will depend on: the legal regulations apply as well to keep it actually.
Accordingly, nationals of a foreign trade company or to acquire real estate in our country, TC citizens and companies that trade in the country to acquire immovable property, the law and this right is known about the actual implementation also depends.
In the new edit, mutual legal and de facto discrimination in addition to that, instead of one implementation of mutual recognition of rights has been introduced mainly. That is, applications for mutual disciple, foreign states and their citizens to trade companies established by the law recognizes their rights, TC citizens and commercial companies need to know.
Exceptions to the principle of reciprocity
This principle, in terms of return on real people of the exceptions are:
1) Stateless and not have the nationality of any government, to determine a balance of mutual discrimination is not too concerned. Therefore, for these conditions is not stateless.
2) According to the Refugee Convention on the Legal Status of refugees have sought refuge in the country after three years of residence are exempt from the requirement of reciprocity. Dated 28.7.1951 to this Agreement approved 26.8.1961de Turkey, with Turkey as refugees under the exemption for these provisions, the situation has yet to prove with the official documentation.
3) for tourism in Turkey who want to invest in foreign real and legal entities, Tourism Incentives Act requires the condition of reciprocity and is looking for foreigners to return is subject to legal restrictions and a center of tourism in the region can obtain real goods.
Restrictive to comply with statutory provisions
Foreign real persons in our country, a second condition to obtain more land has been brought by law to comply with the restrictive provisions.
Relevant provisions are:
1) the military prohibited zones and security zones of the immovable property, can not be sold to foreign real and legal persons, are not transferable and can not be rented.
2) foreign real persons in our country can not acquire immovable property for more than 30 hectares, but more than this amount may have with the Council of Ministers Decision. Have been acquired through legal inheritance of land, is not subject to this provision.
Village Law No. 442 of 87th substance has been removed by the new regulations for foreign natural persons to acquire real property in the village has now become possible.
Foreign legal persons in Turkey and the Real Property Acquired
As with the real person of foreign companies in foreign trade and exchange are necessary to comply with legal restrictions. Between a state and our countrys foreign trade companies available in the mutual discrimination is not determined by questions to the Ministry of Foreign Affairs.
Statutory limitations in terms of rules applicable to foreign individuals in terms of foreign trade companies are valid. Also in favor of foreign real persons will be a limited facilities during the same rights in terms of reciprocity between the foreign trade policy will not have been brought to the company.
Foreign Capital Companies to Obtain Real Goods
Expression of foreign capital companies are often confused with the expression of foreign companies. Foreign capital companies, according to the provisions of Turkish Commercial Code is established in Turkey and in Turkish Trade Register are recorded. So, these companies are subject to the rules of company law for the Republic of Turkey. Only a portion or all of the capital of foreign natural or legal person aittir. Foreign person is a shareholder of the company because the company does not stick to the status of legal persons of foreign nationality and the nationality of shareholders are different matters.
No. 4875 Direct Foreign Investment Act, the foreign investors and domestic investors with the equal treatment applicable hired investment permissions, company establishment permission, such as permissions and approvals have been removed; foreign investors in our country to establish or participate in the legal personality of companies, the Republic of Turkey the citizens of the acquisition of the open areas of land ownership or limited release is the same right to obtain.
Foreign capital companies, in accordance with relevant legislation, institutions based on location and administrative headquarters of the companies with foreign capital is considered as the Republic of Turkey. Therefore, companies with foreign capital acquisition of immovable property and land registry for the other demands, the Turkish Trade Law was established by the company with the same principles and procedures applicable to the commercial register of office given by the companys real estate acquisition and competent authority indicates mandates be evaluated by relevant Land Registry Register will be settled by the Directorate.
Transfer
Foreigners, both foreign exchange and foreign currency by buying the real property and have the same rights without cash income and sales price of the banks and private financial institutions are free to transfer through.
Making the Contact Management Application
Who want to acquire real property or the property you want to take advantage of the same rights as separate from the application of the foreign person, the immovable property should be made to the Directorate of Land Registry Registry.
Documents required for application
Documents required for application for any difference between a Turkish citizen with strangers is not available. However, foreign citizens during the deed is required to have interpreters on hand.
1) in terms of real people
a. If you have owned land title deed mala, or real property parcel number and indicate the candidate document or oral statement of the owner, b. The identity of the document in the country of nationality or passport and two passport photographs, c. Prompt the persons representative, the representative with power of attorney for representation of the photo identity document and passport photos. If you have not participated personally in terms of processing buyers, representing them with pictures of representative identity documents, passport photos, and documents relating to representations.
2) Legal person in terms of
a. According to the Direct Foreign Investments Law numbered 4875, established companies to get authorization from the Trade Registry Office documents, signatures, based on circular and that the person who authorized the warrant, the b. Established in foreign countries according to their own laws for foreign trade companies were founded by the countrys relevant authorities will take their own legislation and authority must be submitted in lieu of a document.
To be paid during the Land Registry fees and taxes for foreign nationals between people and the Republic of Turkey is not any difference.
However, real property in our country who want to acquire foreign natural and legal persons to acquire the real property area of the Military Prohibited and Security Zones except remaining to be determined not qualified to question the military authorities, the real place of the 1 / 25000 scale map should be marked. For this you need to go to the land parcels according to the revolving fund operation of the service cost over gösterilmesiÓ are taken.
Source: General Directorate of Cadastre Land Registry www.tkgm.gov.tr in the shape of the web page from a file of Foreigners in Turkey Real Estate Acquisition in the light of information received on 03.01.2005 has been prepared