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REAL ESTATE LAW
REAL ESTATE LAW
- Ownership
law in Turkey
- Purchase
by foreigners law in Turkey
- Sales
law in Turkey
- Sales
by foreigners law in Turkey
- Rental
agreement law in Turkey
- Building
construction law in Turkey
- Real
estate owners liability law in Turkey
- Building
tax law in Turkey
- Title
deed law in Turkey
Real
estate law in Turkey
Principles
of ownership of immovable objects are in general indentified in the
Property Law section of the Civil Code. Property law includes not only
ownership, but also acquiring and transfer of ownership, leasing the
property and factors limiting property rights.
Ownership
law in Turkey
According to the provisions of
the Civil Code, every piece of real estate will be recorded in the
title deed register of the place where it is located. The title deed
is the official document which shows who has ownership rights over the
real estate and upon which the owner's name and photograph appears.Any
retsrictions which were placed on the real estate while it belonged to
previous owner may be applied to the new owner after the transfer.
Purchase
by foreigners law in Turkey
Ownership of real estate by foreigners in Turkey is governed in
general by the principles of political and de facto reciprocity.
According to the provisions of Title Deed Law no.2664, enacted 22
December 1934, a foreigner may purchase real estate in Turkey in
keeping with the restricting provisions of this law and on condition
of reciprocity between Turkey and his country of origin.It is also
necessary to obtain permission from the General Directorate of Title
Deeds, Cadaster and Military.
Sales
law in Turkey
According to the provisions of
the Civil Code, every piece of real estate will be recorded in the
title deed register of the place where it is located and a real estate
sale will be legalised only by being recorded in this register. The
title deed, which is issued in the new owner's name, will show that
the property has changed hands. Any restrictions which were placed on
the real estate while it belonged to the previous owner may be applied
to the new owner after the transfer.
Sales by
foreigners law in Turkey
In order for foreign nonresidents to sell real estate which they own
in Turkey, the sale price of such real estate must first be calculated
by the tax assessment commission. The actual sale price must not he
lower than this value nor more than a predetermined per cent higher.
Monies received as a result of a sale are subject to taxes and
blocking. However, provisions, brought on by the Foreign Capital
Promotion Law, are reserved.
Rental
agreement law in Turkey
Leases are governed in general by the Law of Obligations and in
specific by Real Estate Rentals law no. 6579 of 18 May 1955. The
following points must be clearly specified in a lease: The names and
addresses of the lessor and lessee, the address and location of the
rented property, the purpose for which it will be used, the amount of
rent, the date the lease will become effective, and the period for
which it is valid. In practice, printed lease forms are usually filled
in by the parties. Attention must be paid that there are two copies of
the lease, both signed, one copy to remain with each party. Leases may
also be drawn up by a notary public, but this is not mandatory.
Building construction law in
Turkey
Under the provisions of the
reconstruction law no. 3194 of 3 May 1985, a building construction
license must be obtained for all buildings from either the
Municipality, the Province, or an authorized private architecture of
engineering bureau. In order to obtain the license, application will
be made to the above-mentioned authorities by submitting the title
deed, the architectural drawings, the structural drawings, and the
electrical and mechanical installation drawings. If the application is
complete, the authorities will grant the permit within at most thirty
days. If the application is incomplete or irregular in any way, the
permit will be issued only after the deficiencies or errors have been
eliminated. a specific fee will be charged for the construction
permit.
Owners
liability law in Turkey
A building owner is liable for any injury which results from poor
construction, negligence, or misuse. If a building of faulty and
unsound construction collapses, and if any injury or damage results,
compensation will be sought from the owner. the period for a
contactor's liability is five years.
Building
tax law in Turkey
Buildings within the borders of Turkey are subject to the building Tax.
Building Tax is governed in detail by the Real Estate Tax Law no. 1319
of 29 July 1970. Tax declarations for buldings within the boundaries
are made to the municpality.
Title deed law in Turkey
The name title deed is given to
the official document which shows who has ownership rights over a
piece of real estate and upon which the owner's name appears. Rights
over real estate are recorded on official registers kept by the Office
of the Conservator of Title Deeds. Such Offices also issue title
deeds.
Since article 928 of the Civil Code embodies the principle of public
registration of title deeds, no one may claim ignorance of the
privileges and restrictions recorded in the deed register. Mortgages
and other restricted privileges will also be recorded in the title
deed register
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