Lands for Sale in Turkey

 U.K.: +44 (0) 208 144 60 62

Legal Issues

• Home
• Land For Sale
• Contact Us
• Land Wanted
• Land Buyers Guide
• Legal Issues
• About Us



« Back
Following the law change of January 2006, Turkish rural property which consists of village and mountain property, comes under new laws in respect of the right of foreigners to purchase. These new laws affect all foreign nationalities without exception. Below we have simply explained the terms of these new laws, how they affect what can be purchased and one legal route to own such a property.

Under these new laws, foreigners can only purchase property which:

a) Has land registry title deed

AND

b) Is within an Imar Plani or Mevzii Imar Plan area

Explanations

a) What is Land Registry Title Deed?

Property in Turkey is registered under two ownership systems.
  1. Land Registry ownership - Property registered through land registry has Title Deeds which are recorded in the regional Land Registry Office. Property with such Title Deeds has been land surveyed as part of the planning development process of an area and the coordinates of the land mapped by and officially recorded by the Turkish Kadastro Office.
  2. Village ownership - Large areas of Turkey have not been land surveyed by the Kadastro Office and land is owned, bought and sold under the village system of land ownership. In this system land is recorded in a village registry and transfers are overseen by the village elder and his assistants. The position of land is drawn and referred to by visual reference points and its relationship to neighbouring property.

b) What do Imar Plani and Mevzii Imar Plan areas mean?

Imar Plani refers to the finalised development plan of a small town, town or city. The future development of the area has been laid out by town planners and approved by local and regional government. Mevzii Imar Plan refers to the outline development plan of areas which in the future will undergo full town planning.

In the case of Kalkan, the town has a town development plan (which can be viewed at the Council Office or in our office). Many of the outlying villages which appear to be part of the town, are not technically within the town development zone and are therefore not purchasable by foreigners. e.g. Akbel, Islamlar, Bezirgan, Kordere, Olu Gol.

A property can have land registry title and at the same time be outside of the town development area. In this case the property can not be purchased.

Frequently Asked Questions (FAQ)

  • Why have the government made these changes?
    The official line is that the government wants to prevent large areas of agricultural land being purchased by foreign nationals. On a more local level, also to prevent land speculation and the over development of rural communities by foreign demand for such property.
  • What if I have purchased a property in a rural area before the January 2006 law change, which I now would not be able to purchase?
    In this scenario you will still be the legal owner of the property. They is nothing in the new laws by which the government could repatriate the property.
  • Will some of the areas close to the town development boundary become incorporated into the town in the future thereby making the property more easy to sell to foreigners?
    Yes. As the town grows some of the immediate village areas will be incorporated into the town plan and this argument was previously often used by agents to their foreign clientele as a good reason to purchase. At the time the property is incorporated into the town its value would increase. However, this time has now passed for speculation unless you already own a property in these areas and are prepared to wait until the area belongs to the town planning zone.
  • What happens when outlying area is incorporated into the town planning zone?
    As a first step the land is surveyed. Secondly town planners then map out the position of new roads and public services. Where there are existing buildings the position of these are usually accepted and worked around. However large lands can be divided into smaller plots (parcelisation) and in this process around 30% of the land is lost to the local government for the provision of roads and services.
  • Is there a legal way to still purchase such properties?
    Yes. Through the formation of a Turkish Company. A minimum of two foreign individuals are required to form a company and the company can then acquire the property. In this instance there is no requirement for military approval.
  • What are consequences of forming a Turkish company?
    Firstly there is a one off cost and this will depend on the lawyer that you use to assist you. You can expect to pay around £2000 to £2500. Secondly you will need to have an accountant who will submit accounts monthly and annually for the company even if it does not trade. This too has an ongoing monthly cost from around £50.
  • If I purchase by forming a company can I resell my property?
    Effectively yes. You would resell the company of which the property is an asset. For further advice on this subject feel free to email us and we will endeavour to answer your question or refer you to a specialised lawyer for further advice.

About Us | Plots | Legal Issues