I quoted an e-mail from David and Lorraine: “… we have purchased a property for the amount of YTL 55,000. Our next step was to have the tapu [title] signed across into our name … hence the brickwall … the local authority refuses to sign this across as he says the Turkish government does not allow foreigners to invest in real estate in this country. … Our question is ... what do we do now? ... do we ask for our money back, as no contract has been signed? ... is there any advice you can give us regarding this matter please? … What is the law and where do we now stand? You seem to be the only person who could perhaps assist us in this matter.”The first limitation I mentioned on Monday was reciprocity. However, reciprocity itself may not be enough; there must be de facto application in that country. The second limitation is on the amount of property that can be acquired by a foreign person in Turkey; this amount is still limited to 2.5 acres per person. New legislation has changed the limitation on the maximum area of land which can be sold to foreigners to 10 percent of the total area of the district in which their property will be located.
The third limitation is based on the objectives of a company formed in Turkey by foreign investors. Article 36 (as amended) stipulates that a Turkish company owned by a foreign investor is allowed to acquire property as long as the acquisition falls within the scope of the company’s objectives, as cited in its articles of association. One should note that drafting the articles of association is now very important for foreign investors.
Despite the fact that these are the limitations in the enacted Law no. 5782, there is another temporary law, Article 3, which regulates the application of this new legislation once the law has been published in the Official Gazette. Article 3 clearly states that related institutions must declare to the governorship how much land cannot be acquired by foreigners and total square meters of available land in the district within three months. For a foreign real person, it is possible to acquire a property within this waiting period. In this case, the land registry office cannot deny the purchase.
You should submit a petition to the land registry office requesting the transfer of the property title, and if you receive a written petition stating that it is not legally possible, then you should notify the administrative court of this illegal action.
If the officers refuse to take action at all, it is another story. This is a kind of crime which can only be committed by official staff. Ignoring an official application or taking no action when action should be taken is punishable by law. If this is the case, please obtain evidence and apply to a prosecutor’s office with the details of your situation. I should note that it might be very helpful to inform the land registry officer that you will report the matter to the prosecutor.
I should also note that you should make sure that the officers did really refuse to sign. In case of an application submitted by a foreigner, the land registry office must send a letter to the provincial military authorities for confirmation that the property is not located within a forbidden military zone or a security zone. This process takes about two months. If this is the case, it is a normal part of the process, and there is nothing wrong with the actions of the officer.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
