I thought I would like to give this a try and I'm calling all members to help and take part in its construction - I cannot do it alone for it to work.
I have this idea that with all the information and first hand knowledge available on TLF from it's many threads and members that it is possible to write a detailed buyers guide for anyone wishing to buy property in Turkey from now on.
Here is how it will work. The buyers guide will be written here in this first post and added to or amended as it goes along, with your help. You are all asked to post in this thread the changes, additions, important points or even the associated Turkish translation you would like to see to ensure the information provided here is of maximum use to the buyer. The aim of it is simply to help new buyers sidestep some of the problems that you have already encountered when buying your property. It may be too late for you but its not too late for others and I hope everyone can see the benefits in that.
The article will appear beneath the line below and will be added too in the coming days/weeks. It will never be 'finished' as such but hopefully by constently updating it we can keep the information completely relevant to the present time and the viewer can be sure it is the best advice we can give at the time.
Over time the information will be put into stages and sections that buyer can use to structure the buying process and make the whole thing easier to follow for a safer and more confident buying experience. I hope you all get the jist of this and we can make it work!!
Please only post contributions to the article, do not use the thread to chit chat or discuss the buying process in general (unless it is to clarify the validity or integrity of a point or comment raised by another member - hope that makes sense!).
When suggesting anything please ensure you specify which section your information should relate to or suggest it goes into a new section if you dont feel it fits any currently listed.
I hope the first few sections will give a good idea of what I aim to achieve with this. And please feel free to point out spelling or gramatical errors, its intended for this to be a quality article!!
__________________________________________________ _______________
Turkish Living Forums Great big Property Buying Guide
If you are thinking of buying property you should first be aware of one very important fact;
unless you are a Turkish citizen the buying process is not as simple as Turkish agent websites would have you believe!!
Foreign buyers are treated differently and because of that there are many complications that buyers need to be aware of before entering into a contract to buy property.
In this article TFL members explain the best way to buy a property in Turkey based on fact and experience so helping avoiding you to costly mistakes in future.
Before you buy
Before you buy and as part of your preparation you will probably want to visit Turkey and the area where you intend to buy.
This is a very good idea; avoid buying property off the internet ‘unseen’. and if you intend to buy property off plan ensure the company you are dealing with is reputable.
Please see this thread for more advice/information you should know before you buy;
'Spying' Before Buying
Off-Plan
Off-plan property or developments will often be nothing more than plots of land with 3D images of a developers vision for his/her development. Don’t assume that the developer has gained the correct licenses or permissions to build on the land, often these are applied for retrospectively and in this scenario you run the risk of a development not being completed to plan or incurring additional costs that were not originally taken into account.
If you do want to buy off-plan be prepared to take on considerable responsibility for your purchase. Unless you intend to live in Turkey for the duration of the build being so far away you may feel isolated from your developer and unless you speak the language communication from a distance will be hard to manage.
When buying off-plan it is essential that you get a good contract drawn up that is bi-lingual and translated by an official translator in the presence of a notary. You should employ the services of a good lawyer to prepare your contract and make sure all important points are covered.
Your contract should contain specific clauses for the following areas;
- Time scale to project completion
- Penalties for over running building works
- Detail a suitable time to allow you to perform snagging
- Detail all fixtures/fittings and services the developer promises to deliver
- If the property is to be delivered to you as 'liveable condition' ensure you are clear about what that means. Often your expectation will differ from the that of the developer.
- Ensure the property is delivered to you with all paperwork obtained (TAPU, Habitation certificate, etc
- Make sure the property will be free of debts or locans.
For further information and advice on buying off plan, see this link;
Off Plan Dos and Dont's
Emlaks (Estate Agents)
Emlaks are the people who most buyers will turn to when they decide to buy property in Turkey. These are the people who you will have to put faith and trust into to oversee your property purchase and while there are many genuine and trustworthy Emlaks around you should absolutely understand they are working on a commission usually paid for between both buyer (3%) and seller (3%) , so they are not impartial.
Importantly, the Emlaks role in all this is merely to provide an introduction between buyer and seller to collect his fee. If you expect more you may be left wanting. Although most do offer a full after sales service, many who have bought property say that the after sales and care they receive is less than adequate, especially if you were reliant on your Emlak to cross the language barrier.
You need to be to be absolutely clear about what you are getting into, do not rely solely on the advice of your emlak, be prepared to get involved yourself and seek independent advice at every turn. This can be very difficult if you do not speak the language so ensure you have the help of a professional who is bi-lingual and can explain things to you in a way in which you understand. Do not be afraid to question any advice you are given and ask another bi-lingual professional the same questions to guage the response.
You can find a list of Turkish real estate agents at
Rate Your Emlak
Solicitors/Lawyers
It is not compulsory to hire a solicitor/lawyer to complete your purchase but since most foreign buyers will be familiar with using such professionals in their own country many will opt to use one when buying in Turkey.
Emlaks will often arrange a solicitor for you but in this situation you are should excercise caution. You must be sure that the solictor is acting in your best interests but in this scenario the solicitor will be acting for both buyer and seller, therefore a conflict of interest may arise and problems as a result of this arrangement may only surface after the purchase is completed.
Whatever you decide it is important that the solcitor being used is a good and reputable professional who speaks your native language. It is important that you ask a solictor for their Bar Number and check their credentials with the Turkish Bar Association website;
Turkish Bar Association
One way of finding a good solicitor is via a recommendation. The following link provides contact details for English speaking lawyers and solicitors that TLF members have used in the past;
It is advised that where possible you contact several solicitors first and choose one you are comfortable with. Some people find it useful to ask the same questions to several solicitors to guage the response.
Resale Property
Buying a resale property is often regarded as a safer option based on the fact that you can actually see the place you intend to buy. This allows the buyer to also see for themselves any physical problems that may be associated to the property which may require attention, for example, cracks to walls, evidence of damp, etc.
A Resale property also offers you the best chance of ensuring all the correct paper work is included in the sale and therefore does not require you to spend time and money persuing these yourself.
When talking to the seller of a resale property you should always ask for a copy of the TAPU certificate (*t) and the Habitation Certificate (*t).
Property Sales Tax
When selling a property, the buyer and seller are liable to pay a Property Sales Tax equal to 3% of the declared sales price. Usually this is split evenly between both buyer and seller (each paying 1.5%). However, when you prepare a Preliminary Contract it may be agreed that either the buyer or seller only pays the full 3%. Make sure you are fully aware of who will pay this cost when the sale is negotiated as quite often the seller will automatically expect the buyer to cover this cost.
The price you pay for a property will be shown on the TAPU in Lira (YTL) and is used to calculate the Property Sales Tax. It is very important that the correct price you have paid is entered here, if an emlak or developer tries to have a different price shown you may be unknowingly evading tax as all future taxes will be based on this figure. Turkish people often under declare the TAPU value to pay less taxes but this type of tax evasion is now more easily spotted among foreign buyers especially as Capital Gains Tax is payable on the full difference between the declared value on the TAPU and the actual selling price.
Tax evasion is taken seriously in Turkey and once it has been identified the current property owner(s) is liable for the fines and back taxes that must be paid.
Once your property tax is paid make sure you get a receipt. If you do not get your official receipt both you and your seller will be liable to pay a fine of ten percent of the amount which you paid to the seller according to Procedure of Tax Law Art. 353
Tapu Value
The value on you Tapu will always be given in Turkish Lira regardless of what currency you agreed with the seller. The amount declared should be the amount to paid the seller and will be used to determine future taxes due on the property.
Foreign buyers are often shocked to discover the Tapu value is considerably less than what they handed over even after currency conversion has taken place.
The under valuation on Tapus is not some scam invented to cheat foreign buyers. Turkish people have always done this, even though it is tax evasion. When a property changes hands at the Tapu office part of the process includes getting a valuation from the Belediye. As they don’t have an up to date system for valuing properties, their value of the property will be much less than the price that is actually being paid. The law states that it should be the actual price paid and cannot be less than the Belediye valuation, so most Turkish people have got round paying extra tax by declaring the Belediye value. The seller pays less tax, as does the buyer and the buyer will then pay lower local council tax as this is based on the Tapu value. If you sell, the same thing happens again.
When the market opened up to foreigners, no one here actually thought that these new foreign buyers would want to pay the full amount of tax – paying lower taxes is normal in Turkey and definitely a cultural difference to other western European countries where paying full taxes is unquestioned. Asking buyers to declare the full price is not something they had considered at all.
Things are changing in government and more checks are being made. Unfortunately for those who were oblivious or willingly involved in this tax evasion will have to declare the full Tapu value when they sell unless the property is sold at a considerably lower value than when it was purchased.
Of course if a property is sold after the five year period of Capital Gains Tax exemption there will be no capital gains tax to pay in Turkey but, depending on your circumstances, you may be liable for Capital Gains Tax in your own country so however it is going to affect you it is something that should be addressed sooner rather than later.
Tax Number
At some point either before or during property buying process you will want to think about getting yourself a tax number. This is needed for a number or reasons and in particular to open a bank account, this is obviously important if you intend to pay bills or have savings in a Turkish bank.
You get your tax number at the local tax office and you will need to complete a simple form. You will be asked for a turkish address which currently can be that of a friend, relative or even a hotel you are staying at. You will need a copy of your passport, so get a photocopy before you go. The whole process takes about 20 minutes but you will often que for much longer before you are seen.
Bank Account
The following banks have branches in the UK. You can open a bank account from the UK but will first need a Tax Number which can be obtained when you visit Turkey. The current interest rates on savings where known is listed next to it in brackets.
For a full list of banks that operate in Turkey, please click
here.
Utility Bills
Builders Electric
When a complex or site is under development your electricity will be supplied by your builder. This is because the domestic electricity company called Tedas, cannot supply any site or property that does not have a Habitation Certificate issued.
It is important you are aware of exactly who is supplying your electric as this affects the rate you will be paying. As an example, it might cost 2.5YTL per unit on builders electric and 1.5YTL if supplied directly by Tedas.
Tedas Electric
Tedas is the domestic utility company that will eventually supply your property with mains electric. You can register electic in your own name only after your house, site or complex has been granted a Habitation Certificate (*t) (Known as a Iskan).
Costs for putting electric into a house holders name is approximately 400YTL although this may vary between areas. The running costs are generally lower than if your electric is being supplied by a site builder or developer.
Click here to see a translation of a Tedas electricity bill, courtesy of fethiyetimes.com
Legend:
(*t) - is a request for the Turkish translation to the word or phrase, if you know it please tell me.
Disclaimer;
The owner of Turkish Living Forums take no responsibility for the content of this article other than to allow its publicy display as per the current forum rules. All content is the opinion of the author even if those opinions bear a likeness to comments or information shared by other members in this thread. The article is provided as a reference guide to the buying process and in some instances it will not be free of errors and omissions. Anyone buying property in Turkey is always strongly advised to seek legal advice from a qualified legal professional before handing over any money or signing any legally binding documents. 
.gif){kind=avatar}
Linear Mode
