Akkas & Associates Law Firm
Eski Uskudar Yolu Cad. No:21/4
Kozyatagi, Istanbul, Turkey 34752
ph: +90 216 469 63 63 pbx
fax: +90 216 469 63 40
alt: +90 532 603 30 80
info


Principles of ownership of immovable objects are in
general indentified in the Property Law section of
the Civil Code. Property law includes not only
ownership, but also acquiring and transfer of
ownership, leasing the property and factors limiting
property rights.
Ownership Law in Turkey
According to the provisions of the Civil Code, every
piece of real estate will be recorded in the title
deed register of the place where it is located. The
title deed is the official document which shows who
has ownership rights over the real estate and upon
which the owner's name and photograph appears. Any
restrictions which were placed on the real estate
while it belonged to previous owner may be applied
to the new owner after the transfer.
Turkish Parliament passed a bill on July 5, 2008
regulating property sales to foreigners in
Turkey after it was re-arranged bearing in
mind the Constitutional Court's annulment of
previous legislation.
Purchase by Foreigners Law in Turkey
Ownership of real estate by foreigners in Turkey is
governed in general by the principles of political
and de facto reciprocity. According to the
provisions of Title Deed Law no.2664, enacted 22
December 1934, a foreigner may purchase real estate
in Turkey in keeping with the restricting provisions
of this law and on condition of reciprocity between
Turkey and his country of origin. It is also
necessary to obtain permission from the General
Directorate of Title Deeds, Cadaster and Military.
Owners Liability Law in Turkey
A building owner is liable for any injury which
results from poor construction, negligence, or
misuse. If a building of faulty and unsound
construction collapses, and if any injury or damage
results, compensation will be sought from the owner.
the period for a contactor's liability is five
years.
Title Deed law in Turkey
The name title deed is given to the official document which shows who has ownership rights over a piece of real estate and upon which the owner's name appears. Rights over real estate are recorded on official registers kept by the Office of the Conservator of Title Deeds. Such Offices also issue title deeds.
Since article 928 of the Civil Code embodies the
principle of public registration of title deeds, no
one may claim ignorance of the privileges and
restrictions recorded in the deed register.
Mortgages and other restricted privileges will also
be recorded in the title deed register.
Turkish Real Estate & Property Sales Law
According to the provisions of the Civil Code, every
piece of real estate will be recorded in the title
deed register of the place where it is located and a
real estate sale will be legalized only by being
recorded in this register. The title deed, which is
issued in the new owner's name, will show that the
property has changed hands. Any restrictions which
were placed on the real estate while it belonged to
the previous owner may be applied to the new owner
after the transfer.
Sales by Foreigners Law in Turkey
In order for foreign nonresidents to sell real estate which they own in Turkey, the sale price of such real estate must first be calculated by the tax assessment commission. The actual sale price must not be lower than this value nor more than a predetermined per cent higher. Monies received as a result of a sale are subject to taxes and blocking. However, provisions, brought on by the Foreign Capital Promotion Law, are reserved.
Akkas & Associates Law Firm
Eski Uskudar Yolu Cad. Ozis A Blok
No:21 D:4 K:1 Kozyatagi,
Istanbul, TURKEY 34752
Phone:
+90 216 469 63 63 pbx
Fax:
+90 216 469 63 40
E-mail:
info@akkaslaw.com