Expert Real Estate Legal Services in Turkey | SimplyTR

Why Legal Representation is Essential for Turkish Real Estate

Investing in the Turkish property market offers significant opportunities for capital growth and lifestyle benefits. However, the legal landscape in Turkey differs substantially from Western systems. Navigating the Land Registry (Tapu) and local zoning laws requires specialized knowledge. SimplyTR provides the legal oversight necessary to prevent fraud, identify hidden debts, and ensure your investment is fully protected under Turkish law.

Comprehensive Property Due Diligence

Due diligence is the most critical phase of any real estate transaction. Before any funds are transferred, our legal team conducts a thorough investigation of the property's legal status. This process includes:

• Title Deed Verification: We confirm the seller is the rightful owner and check for any liens, mortgages, or court orders (Serh) attached to the property.
• Habitation License (Iskan): We verify if the building has a final completion certificate. Properties without an Iskan often face issues with utility connections and significantly lower resale values.
• Zoning and Planning: We check local municipality records to ensure the property complies with current zoning regulations and is not slated for future demolition or public works.

The Property Acquisition Process for Foreigners

Buying property in Turkey as a foreign national involves specific administrative steps. SimplyTR manages this entire workflow to ensure a seamless transition of ownership. The process typically follows these stages:

1. Obtaining a Tax ID and Bank Account: We assist in securing a Turkish Tax Identification Number and opening a local bank account for secure fund transfers.
2. Mandatory Appraisal Report: Turkish law requires a certified valuation report for all foreign buyers to ensure the transaction price reflects the fair market value.
3. Foreign Exchange Document (DAB): Since 2022, foreign buyers must sell their foreign currency to the Central Bank of Turkey through a local bank before the purchase. We handle the documentation for this requirement.
4. Title Deed Transfer: We represent you at the Land Registry Office (Tapu Dairesi) to finalize the transfer and receive the official ownership documents.

Turkish Citizenship by Real Estate Investment

Turkey offers a popular Citizenship by Investment (CBI) program. To qualify, investors must purchase property with a minimum value of $400,000. Our attorneys specialize in this specific legal path, providing the following services:

• Eligibility Assessment: Ensuring the chosen property meets the specific criteria set by the Ministry of Environment, Urbanization, and Climate Change.
• Certificate of Conformity: Obtaining the necessary approval that the investment fulfills the legal requirements for citizenship.
• Application Management: Handling the entire residency and citizenship application for the investor and their eligible family members.
• Resale Restrictions: Advising on the three-year holding period required to maintain citizenship status.

Real Estate Litigation and Dispute Resolution

When disputes arise, having an experienced litigation team is vital. SimplyTR represents clients in various real estate conflicts, focusing on efficient and favorable outcomes. Our expertise covers:

• Eviction Proceedings: Assisting landlords with legal eviction processes for non-payment or breach of contract, adhering strictly to the Turkish Code of Obligations.
• Title Cancellation and Registration: Handling lawsuits to correct errors in the land registry or to challenge fraudulent transfers.
• Construction Defects: Pursuing claims against developers for structural issues, delays in delivery, or failure to meet contract specifications.
• Pre-emption Rights: Managing cases where shareholders or neighbors claim a legal right of first refusal on a property sale.

Essential Taxes and Transaction Costs

Understanding the financial obligations beyond the purchase price is vital for budget planning. We provide clear guidance on:

• Title Deed Transfer Fee: Typically 4% of the declared value, usually split between buyer and seller, though often negotiated.
• Value Added Tax (VAT): VAT rates can vary from 1% to 20% depending on the property type. We assist eligible foreign buyers in applying for VAT exemptions.
• Annual Property Tax: Guidance on local municipality taxes based on the property's location and value.
• Capital Gains Tax: Advising on tax liabilities if the property is sold within five years of purchase.

Lease Agreement Drafting and Management

For investors looking to generate rental income, a robust lease agreement is the primary defense against future issues. We draft bespoke contracts that clearly define maintenance responsibilities, rent increase limits (linked to the Consumer Price Index), and termination clauses. Our team ensures your rental operations comply with the latest Turkish rental laws to protect your yield and your asset.

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