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important laws
Property-laws in Turkey

 

  • A. floor property law (apartment property)

The acquisition of floor property is in connection with a division arrangement possible through the land register and takes place in two steps.
1. Before completion and rebatement of the housing units, the buyer acquires an ideal share of the real estate (kat irtifaki) and becomes a co-owner of the property to a clearly defined share. After the later completion, corresponding to the approved plans of the building, the entry of floor property (kat mülkiyeti) can result.
2. For purchases happening after the completion, the buyer acquires a co-ownership proportionate at property and ground of the association.
The term floor property means, own right can be established at all, in the technical sense independent parts of a building, for example apartments, office room, retail companies, garages, etc. these rooms or units in itself have to be independent and closed and must have an own access, e.g. the apartment entrance door.
At the apartment property, owners can establish their right, can sell it, rent, pawn and mortgage it, etc.
For the type of the utilization, the original dedication is decisive. It is therefore inadmissible to use a tavern as an apartment or reversed. To do so the unanimous approval of all owners is necessary.

Changeable collective administrative costs are:

Insurance dividends for the total house, costs for running wages, mending and administration, general electricity, general water, as well as the elevator.
Such administrative costs are determined. Usually they get fixed in the owner meeting, Every owner is obligated to pay correspondingly his share of the administrative costs.

  • B. International private right:

For property rights in Turkey, the fundamental law of occupancy counts. Therefore only Turkish right applies to origin, the contents, the change, the transmission and the downfall of tangible rights, also for possession, lien, execution, etc.
The definition what a tangible right is, is decided after the Turkish right. Therefore also the purchase contract over a real estate lying in Turkey is subjected to Turkish right. However the pre contract (declaration of intention) validly can also be closed abroad.
Concerning Turkish real estate the court in charge is always the one at the place of the real estate. Hence also the international responsibility of the Turkish courts arises for such legal disputes.
Therefore results that foreign verdicts concerning Turkish real estate won’t be executed because the exclusive responsibility is subject to the Turkish courts.

Court expenses and lawyer costs
The court expenses and lawyer costs calculate themselves after the dispute value. This costs are usually 10% of the dispute value. The dispute values is to be indicated in the complaint. In case the parties cannot agree over the dispute value, it is assessed in an official way.

New construction / single assignment to a construction company
First you acquire the property of your choice whereby the question of the act of building and construction type through a specialty firm.
Simultaneously you should plan your villa with an experienced architect on the spot. The architect takes care of all necessary static documents and project drawings, as well as the building permit for you.
Then you close a building contract on the basis of a clearly and unambiguously defined building and attainment description and the planning drawings with a professional excperienced company. It is important herewith to determine a completion price in the contract.
Moreover you should have a look at reference objects and and talk to inhabitants of the houses .

Resale of a real estate

The real estate can unrestricted be sold at any time. The sale proceeds can be brought abroad again without any difficulity.

Taxes
Foreigners can use, rent or lease their real estate in Turkey itself.
The incomes out of rental and leasing are to be determined after usual procedure, therefore through seizure-/excess-bill. Instead of single assembly, also a lump sum deduction of a total amount of 25% gross seizure is possible.
A sale profit is taxable if the property is transmitted within a year since further acquisition.
In the case of the rental of a premises, a tax of the total of 20% of the rent is raised.

Donation tax and inheritance tax
This tax type results from a tax table and is dependent on the relations degree and the asset. However with this the foreigner is almost never burdened.

Double taxation agreement
Between Turkey and the European union, a double taxation agreement concerning the income tax and property tax exists since 16. April 1986. The agreement follows the OECD pattern text.
For real estate, the principle of eminent domain counts, therefore, for example, pays a German for its Turkish real estate taxes only in Turkey. In Germany, only the progressive tax system counts. Only the little obligation of intelligence is there, which means internationally may only such information be exchanged, that is required to the execution of the agreement, never any information concerning the taxation in the individual country itself.

Stay - working permission
For the stay of German in Turkey is the bestowing of a stay permission - independent of the marital status and of the purpose of the stay - up to five years possible.
Bestowing first for 2 years.
Extension around respectively 5 years.
In immobile possession in Turkey, the first bestowing of 5 years is possible.

For the application, you require

6 Passport pictures
Photocopy of the valid passport
Salary-/income proof (z. B. pensions reply)
And or proof over savings (per months 100,- Euro).
Proof over real estate assets/lease

Here is refered to the implementations of the German embassy in Ankara (www.ankara.diplo.de ) .

Car import through foreigner

German citizens, who travel to tourist purposes into Turkey, can import their motor vehicle into Turkey for approximatly six months during a calendar year. Because the vehicle is registered in the passport, it must be exported by leaving Turkey as well. German citizens, who live to work purposes, research purposes or studies purposes for a certain time in Turkey, may bring along a vehicle for this length of stay.
Pensioners with a stay permission can import their vehicle, against the deposit of a "Fon" for the duration of the stay in Turkey. The height of the "Fons" depends on the age of the vehicle.

Import of household supplies
Household supplies can be imported. But usually the costs for carrier, customs and deposit are so high, that it is cheaper to buy new in Turkey.

Maklercoutage

The legal Maklercoutage amounts to 6% of the arranged purchase price and is to be paid ever to the half of salesman and buyer.
The buyer has a legal resignation right of two weeks.

Heirship determinations
If foreigners who own real estate in Turkey die, the real estate gets transmitted to the inheriting. The inheriting receive an certificate of inheritance, in this case from the probate court of their country. The German certificate of inheritance and a corresponding translation is submitted to the Turkish regional court. The foreigner receives a declaration of execution from the Turkish court. With this declaration of execution, the real estate will transfer to the inheriting in the Tapuamt.

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