The new law on purchase of the real estate by foreigners in Turkey.
On January, 7th, 2006 in turkish to " the Official newspaper » (Resmi Gazete) the new law №5444 allowing foreign persons(faces) to get real estate in territory of the country is published. The law is accepted by turkish parliament on December, 29th, 2005, is valid since July, 26th, 2005. Thus, signed on the eve the president of Turkey the law has come into force.
According to this law, in Turkey foreign physical persons(faces) can get the real estate in the property or receive in use another's real estate on the basis of limited veshchnogo the rights in conformity with following conditions:
1. Restrictions on the area:
The total area of the real estate belonging the foreign physical person(face) on the property right or received by it(him) in use on the basis of limited veshchnogo of the right, cannot exceed 2,5 hectares (25 thousand kv.m.) across all Turkey. However by the law it is stipulated, that the Ministerial council can lift this rod up to 30 hectares. In this connection, according to(agree) accepted by General Cadastral Management of Turkey to the Circular №2006-1 from January, 20th, 2006, at official registration of papers in the ground register the foreigner should sign the application(statement) of which assures, that the total area of the real estate fixed to it(him) across all Turkey (including this) does not exceed 2,5 hectares, and agrees that, otherwise, it(he) undertakes to release(exempt) surpluses of the area which will be sold, and the received sum will be translated(transferred) on its(his) account(invoice).
The new law has entered additional restriction on the area: in each area (in Turkish "il") no more than five thousand (0,5 %) from all area of this area can belong to foreign physical persons(faces). At the same time, the ministerial council is authorized(commissioned) to establish(install) this figure separately for each area, but 0,5 % no more stipulated by the law .
Concerning this restriction by exception lawful inheritance is.
2. Restrictions by the form the real estate:
On the foreigner that real estate which is registered in the ground register as habitation or a workplace can be issued only or is intended for use in these purposes according to architectural plans of building or local architectural plans. Here the complex of the real estate used in commercial activity is meant "workplace", that is it can be as office premise(room), and, for example, hotel or factory with all adjoining constructions. At official registration of papers it is necessary to give the corresponding(meeting) information(inquiry) from the mayoralty or governorships on the location of the real estate.
3. A condition on observance of " a principle of reciprocity »
« The principle of reciprocity » provides granting the same rights to citizens of other country whom this country gives to turkish citizens. That is the foreigner can get the real estate in Turkey only in the event that the country which citizen it(he) is, legally and actually allows citizens of Turkey to get the real estate in the territory. For example, citizens of Russia, Ukraine, Belarus can get in Turkey only structures, but not the vacant ground areas whereas for citizens of Germany of such restriction is not present.
4. Other lawful restrictions
Concern(Touch) forbidden military zones and safety zones, and also the areas having strategically great value in communication(connection) with the features power, agricultural, nedropolzovatelskogo, the ecological, religious, cultural plan. Forbidden military zones and safety zones are defined(determined) by the Ministry of Defence, other prohibited zones are defined(determined) by Ministerial council on representation of corresponding(meeting) state bodies and establishments. With the purpose of simplification of bureaucratic procedures the law has obliged the Ministry of Defence to develop in three-monthly term cards(maps) on all regions of Turkey with the instruction(indication) of objects of the real estate not a subject sale but until this information will not act(arrive) to use in General Cadastral Management, the inquiry will be to be sent to corresponding(meeting) military departments, as before.
5. Restrictions for legal persons(faces):
From foreign legal persons(faces) the law resolves purchase of the real estate only to the commercial organizations, and various funds, associations, societies, cooperative societies, official bodies cannot get the real estate in Turkey.
The foreign commercial organizations can get the real estate in Turkey only within the limits of private(individual) laws (the Law on encouragement of tourism, the Law on industrial areas and the Law on oil) for what it is necessary for them to give allowing documents from corresponding(meeting) official bodies.
It is necessary to note, that the above-stated restrictions do not extend on the company with participation of the foreign capital, founded according to the Law on direct foreign investments.
Also procedure of registration of purchase of the real estate in Turkey is changed and essentially simplified. Loading on the bureaucratic machine(car) is lowered. If earlier – to the private person it was necessary for foreigner to address in Egejsky Military Committee, for reception of the sanction to purchase of the real estate (procedure borrowed(occupied) 2-3 months) under the new law the government of Turkey has obliged the Ministry of Defence to develop in three-monthly term cards(maps) on all regions of Turkey with the instruction(indication) of objects of the real estate not a subject sale in communication(connection) in immediate proximity from strategic military objects. It means, that the sanction to purchase of the real estate to foreigners will stand out directly in Cadastral management and simultaneously to be made out TAPU.
Simultaneously with an output(exit) of the new law procedure of reception of residence permit to owners of the real estate is essentially simplified.
Let's remind, that in March, 2005 the Constitutional court of Turkey under the claim of opposition has cancelled the amendment to the law №4916 « About the order of purchase of real estate foreign persons(faces) in Turkey » which allowed foreigners to buy objects of the real estate on the physical person(face). Substantiations — unfinished procedure, non-observance of " a principle of reciprocity », insufficient quantity(amount) of restrictions (in particular, an opportunity to get the ground areas the area more than 30 hectares and the real estate outside municipal borders). Initially requirements of opposition have been directed against the Greeks buying greater(big) sites of the ground at coast Egejskom. Also all private(individual) investors-foreigners who have temporarily lost an opportunity to receive the certificate on the property on the real estate (TAPU) however have simultaneously suffered.
Since April, 2005 the turkish government developed new clause(article) of the law and the scheme(plan) of registration of objects foreigners. And here now the new law has come into force, that enables regional cadastral managements to renew work on delivery TAPU to foreigners.
by businesscrp.com
