Guidance for Qataris who wish to purchase real estate in Turkey, 07.04.2014
GUIDANCE FOR QATARIS WHO WISH TO PURCHASE REAL ESTATE IN TURKEY
This guidance is prepared to assist Qatari citizens to avoid problems in purchasing real estate in Turkey. However, the guidance should not be considered as a substitute to necessary professional consultancy service.
1. Legal Basis:
Qatari citizens may purchase property in Turkey under the rule of amended 35th Article of Land Registry Law 2644 (by Law 6302 dated 18.05.2012). Following the publishment of the Law in the Official Gazette, Board of Ministers listed Qatari citizens as one of the nationals allowed for purchasing real estate in Turkey.
Qatari citizens are advised to take due notice of the following points in order to avoid incurring loss when purchasing real estate.
2. Legal Restrictions:
The total area of the real estate that a foreign real person can acquire may not exceed 300.000 (three hundred thousand) square meters, even if the real estates are in different districts of Turkey. Also, it may not exceed 10% of the total area of the local district.
Real person must construct a project on the real estate in 2 (two) years. Following the approval of the Ministry of Environment and Urbanization, the completion of the project is also monitored by the concerned Ministry.
Sale of real estate to foreign nationals is prohibited by law if the property is located in a military security area. Permission has to be obtained from the military authorities of the region, through the Land Registry Office, before the purchase of a real estate.
3. Official drawing up of contracts:
Official contracts, transferring ownership of real estate, must only be drawn up at the Land Registry Office where the real estate is located. It is possible also to sign, in the presence of a notary public, a “promise-to-sell” contract prior to the official sale.
Acquisition of ownership of the real estate can take effect only after registration at the Land Registry Office.
4. Application Method:
How must you apply for purchasing real estate?
Person who wants to make a transaction in the land registry offices, may apply individually or through legal representatives by submitting the required documents.
The applicants must provide sworn translator with if they do not know Turkish.
Required documents for application:
There is no difference between Turkish and Qatari citizens in terms of required documents for application.
- Title deed of the real estate if available, otherwise a document indicating the city block and parcel of the real estate or verbal statement of the owner.
- Identity card or passport of the applicant given by his/her own country,
- Two photographs (in size 4,5x6)
- If they wish to act on the basis of a power of attorney issued abroad (i.e. outside Turkey), the original or certified copy of the power of attorney together with a certified Turkish translation.
Note: Before a real estate sale contract is drawn up, an inquiry should be made at the relevant Land Registry Office as to whether such real estate is subject to restricted real rights, mortgaged, or any other situation exists which prohibits its sale.
“The land registry fee” is paid by both the buyer and seller. According to the Law of Charges numbered 492, the fee is paid on the declared value and it cannot be less than real estate value that is determined by municipality.
- do not sign legally binding sales contracts or make any payments before obtaining information at the correct Land Registry Office about the real estate involved,
- do not initiate procedures before investigating the seller or agencies involved, and to refrain from conducting business with persons or agencies who are not able to provide sufficient proof of their credibility.
In case of a disagreement concerning the sale or purchase, the matter has to be referred to the judiciary, and a lawsuit has to be filed by the Turkish courts. It is not possible for the Ministry of Foreign Affairs of Turkey and Turkish Embassy in Qatar to interfere in any judicial process.