Related Laws




MEMORANDUM: 1734


2012/12



ATTENTION OF … DISTRICT OFFICE OF LAND REGISTRY AND CADASTRATE


Subject matter:
a) Memorandum dated 23/08/1989 and numbered 982-2/3090
b) Memorandum dated 01/12/2003 and numbered 2003/14(1571)
c) Memorandum dated 15/12/2004 and numbered 2004/22(1593)
d) Directive dated 01/11/2006 and numbered 3419
e) Memorandum dated 17/07/2008 and numbered 2008/12(1662)
f) Directive dated 04/05/2009 and numbered 936
g) Directive dated 16/08/2010 and numbered 1529
h) Directive dated 21/05/2012 and numbered 638
i) Directive dated 05/06/2012 and numbered 676

As is known, requests to obtain real estate from real persons of foreign citizenship and commercial companies of legal entity founded according to the laws of foreign countries according to the laws of these countries were evaluated as per the principles stated in our memoranda (b, c and e) drafted according to Article 35 of Land Registry Act dated 22/12/1934 and numbered 2644.


However, Article 35 of Land Registry Act number 2644 was replaced with Act number 6302 published in the Official Gazette dated 18/05/2012 as:

Provided that legal limitations are observed, real individuals of foreign citizenship of countries specified by the Cabinet in observance of bilateral relations and where required by the benefit of our country can acquire real estate and limited property rights in Turkey. Total acreage of the real estate and limited property rights acquired by real persons of foreign citizenship cannot exceed ten per cent of the town where private estate is located and thirty hectars per person throughout the country. The Cabinet is entitled to increase the amount that can be acquired per person throughout the country.

Commercial companies of legal entity founded according to the laws of their own country in foreign countries can only acquire real estate and limited property rights pursuant to special decrees of law. Those other than these commercial companies cannot acquire real estate or have limited property rights assigned to them. Limitations stipulated under this agreement do not apply to real estate mortgage assignment to these commercial companies and real individuals of foreign citizenship.

The Cabinet is entitled to specify, limit, fully or partially terminate or put a ban on the acquisition of real estate and limited property rights of real persons of foreign citizenship and commercial companies of legal entity founded according to the laws of their own country in foreign countries in terms of country, person, geographical location, time, quantity, ratio, type, quality, acreage, and quantity.

Real persons of foreign citizenship and commercial companies of legal entity founded according to the laws of their own country in foreign countries must present to the approval of the concerned Ministry the construction plan to be built on the real estate they have bought without a building. The concerned Ministry determine the start and end date and transfer the approved blueprint to the land registry office where the real estate is located in order to to be recorded under the declarations section of the land registry. The Ministry follows up whether the approved project is realized within the timeframe.

Ministry of National Defense submits maps and coordinates of prohibited military zones, military security zones and strategic zones within a maximum of one year from the date of this Act entering into effect and within one month of the date changes being made on maps and coordinates of these lands to the Ministry that governs the General Directorate of Land Registry and Cadastrate, while the Ministry of Internal affairs submits the maps and coordinates for special security zones and change decrees within the same timeframe. One year after the date of this Act entering into effect, the land registry process is carried out according to the documents and information submitted pursuant to this paragraph.

Real estate and limited property rights acquired in breach of the provisions of this article, determined by the concerned Ministry and offices to be used out of is purpose of acquisition, for which application to the concerned Ministry is not submitted or that are not completed within the timeframe and real estates and limited property rights acquired through inheritance aside from the limitations under the first paragraph of this article are liquidated and the gains are paid to the owner unless liquidated by the owners within the timeframe that shall not exceed one year as stipulated by the Ministry of Finance.


Accordingly, real persons of foreign citizenship determined by the Cabinet can acquire real estate and limited property rights within the terms stipulated in the Decree and provided that legal limitations are observed.

Within this framework, first the acquisition terms of this real estate or limited property right application will be examined according to the particular nationality and the published list and after it is established that acquisition is possible, (in requests for agricultural land, the Ministry of Food Agriculture and Livestock, in requests for protected areas, Ministry of Culture and Tourism or Ministry of Environment and Urban Planning local offices will be asked to evaluate compliance with their legislations, and in requests of citizens of border Countries who are allowed to acquire, the real estate to be acquired should not be in our cities bordering that country) the command post authorized by the General Staff will determine if the said real estate is within the Prohibited Military Zones, Military Security Zones pursuant to act number 2565 and strategic land pursuant to article 28 or the same law and the process will take direction according to the answer provided.

Acquisition applications for real estate located in islands will be evaluated as above, and if the results are positive, District Offices will communicate with out General Directorate (Department of Foreign Affairs) and transactions will commence according to the answer.

Furthermore, if no building is present on the real estate (real estate in nature of land, agricultural land, vineyard, orchard) projects must be developed and approvals must be obtained from the concerned Ministry within two years of acquisition, therefore, when the approved project or the letter from the concerned Ministry stating that the project is approved is submitted to the Land Registry Directorate, “Project approved by Ministry of … Date, Wage” will be written in the declarations section of the Land Registry.

If no denotations can be made regarding the approved project within this period, at the end of two years of acquisition, a notification will be sent to the Ministry of Finance (local office) for the liquidation of the real estate or limited property right. The same will be done if the concerned office informs that the project was not completed on time.

Furthermore, for real estate acquired through legal inheritance by real persons who are not citizens of countries allowed by the Cabinet, transfer by inheritance will be done and if after the succession the real estate is not transferred, a notification will be sent to the concerned Revenue Office/Fiscal Office for the liquidation of this share.


In addition,

For acquisition of real estate, Greek nationals of Turkish origin should obtain a document from our Embassies indicating their status and apply to our Land Registry Directorates along with their passports, real estate acquisition of other real persons of foreign citizenship,

On the other hand, according to the “Agreement regarding the provision of additional facilities to the citizens of both countries” entered into effect on September 14, 2000 and pursuant to the Cabinet Decree dated December 20, 2000, which stipulates that citizens of North Cyprus Turkish Republic are entitled to the same rights and exempt from the limitations imposed on foreigners in their acquisitions of real estate property through purchasing or transferring ownership, citizens of North Cyprus Turkish Republic shall be exempt from legal limitations in their requests to acquire real estate in our country and therefore apply directly to our Land Registry Directorates,

Foreign commercial companies of legal entity founded in foreign countries according to the laws of those countries can only acquire real estate in Turkey under special law decrees (Tourism Incentive Law numbered 2634 and Industrial Zones Law numbered 4737 and Petrol Law numbered 6326), these companies’ requests to acquire real estate shall be directly evaluated by Land Registry Directorates that will take into account the acceptability of documents to be obtained from concerned establishments according to special law decrees,

In the furnishing of real estate mortgage to real persons of foreign citizenship and commercial companies founded according to the laws of their own countries in foreign countries, Land Registry Directorates shall be directly entitled to finalize without considering the paragraphs one and two of article 35,

Since it is not possible for real persons of foreign citizenship and all other legal entities except commercial companies founded according to the laws of their own countries in foreign countries (foundations, associations, co-ops, societies, groups, sects, etc. of legal entity or not) are not able to acquire real estate in Turkey and limited property rights cannot be furnished to their benefit, the request in this regard shall be directly rejected by Land Registry Directorates without need for any correspondence with the General Directorate,

Due to the limitation on foreigners’ acquisitions of real estate and limited property rights to 30 hectares throughout the country, the requests for acquisition above and beyond this amount shall be rejected by the Land Registry Directorates.

On the other hand, the thirty-hectare throughout the country limitation is enforced through the central office, however, during the processes carried out by Land Registry Directorates, the acquisition requests of real persons of foreign citizenship of real estate and independent and continuous limited property rights should submit official title deeds in contractual transactions, and for transactions except legal inheritance, they should submit a registration document with the denotation of undertaking:

“Including this real estate, the amount of independent and continuous limited property rights and real estate acquired by myself within the borders of Turkish Republic does not exceed thirty hectares. If the contrary is determined, I accept and undertake unconditionally that the exceeding amount will be liquidated and converted into cash.”

Individuals of double citizenship of Turkey and another country are considered of Turkish citizenship with regards to their transactions in Turkey and their Turkish citizenship also constitutes a basis for their land registry transactions,

All demands of individuals of Turkish citizenship by birth but have lost Turkish citizenship by obtaining leave of citizenship and their children who are processed together with them with regards to real estate acquisition, cession, all kinds of requests with regards to property rights except for inheritance and possession shall be finalized by Land Registry Directorates without regards to the legal limitations applied to foreigners and the same as Turkish citizens,

These individuals must present an official identification document or passport along with “Document regarding the enjoyment of rights reserved under Act number 4112” (Pink Card) or “Document regarding the enjoyment of rights reserved under Act number 5203” (cannot be used as Blue Card, ID card, Passport or identification document), if unavailable, their transactions shall be finalized using an identity register copy or a document generated from the system,

If these persons are acting through power of attorney, they should present these documents to the concerned public notary (a notary overseas or Embassy or a public notary in Turkey) when obtaining the power of notary, submit an approved copy of each document to the person to whom they have given power of attorney along with the letter of attorney, these documents do not need to be attached to the letter of attorney and can be submitted separately, furthermore, approved copy/translations of the official identity card or passport of the persons giving power of attorney are not required,

Real estate and limited property rights determined by the relevant directorates to have been acquired in breach of the provisions of Article 35 of Land Registry Directorates or to have been used out of is purpose of acquisition must be liquidated, therefore, Land Registry Directorates shall notify the concerned local offices of the Ministry of Finance in order to for the gains to be paid to the owner,

Requests of the citizens of Syria to regarding real estate shall be finalized by consulting the central office.


Our memoranda under (a), (b), (c), (e) and directives under (d), (f), (g), (h) and (i) have been taken out of effect.

Please be informed and notify this memorandum to all Directorates of Land Registry and Cadastre in your Region and conduct transactions according to the provisions of this memorandum and carefully follow up the matter.

 

 

قوانين ذات صلة :
مكتب السجلات والأراضي في الجمهورية التركية / القوانين والمذكرات المتعلقة :

  1. Memorandum dated 23/08/1989 and numbered 982-2/3090
    b) Memorandum dated 01/12/2003 and numbered 2003/14(1571)
    c) Memorandum dated 15/12/2004 and numbered 2004/22(1593)
    d) Directive dated 01/11/2006 and numbered 3419
    e) Memorandum dated 17/07/2008 and numbered 2008/12(1662)
    f) Directive dated 04/05/2009 and numbered 936
    g) Directive dated 16/08/2010 and numbered 1529
    h) Directive dated 21/05/2012 and numbered 638
    i) Directive dated 05/06/2012 and numbered 676

كما هو معروف فإن طلب الحصول على العقارات في تركيا من قبل الأشخاص الحقيقيين والاعتباريين من جنسيات أجنبية يخضع لقواعد قانونية تم ذكر أرقامها وتواريخها في الملحق السابق , وذلك وفقا للمادة 35 من قانون الأراضي التركي المسجل بتاريخ 22/12/1934 رقم 2644 .
وبعد ذلك لقد تم استبدال هذا القانون بالقانون رقم 6302 بتاريخ 18/05/2012 والذي تتضمن احكامه المواد التالية مختصرة :
يحق للأشخاص الحقيقيين المواطنيين في دولة أجنبية من البلدان المحددة من قبل رئيس مجلس الوزراء وبعد مراعاة العلاقات الثنائية وحيثما تقتضي مصلحة الجمهورية التركية يمكن الحصول على العقارات وحقوق ملكية محدودة في تركيا .

المساحة الاجمالية للعقار وحقوق الملكية التي سوف يحصل عليها الأشخاص من جنسية أجنبية لا يمكن أن تتجاوز ال 10% من مساحة المدينة اللتي يقع العقار فيها و 30 هكتار لكل شخص في جميع أنحاء البلاد , مع العلم أنه يحق لرئيس الوزراء زيادة المساحة اللتي يمكن الحصول عليها من قبل الشخص الواحد في جميع أنحاء البلاد .

الشركات التجارية المؤسسة وفقا لقوانين أجنبية يمكن أن تحصل فقط على الحقوق العينية على العقارات , مثل هذه الشركات لايمكن لها الحصول على العقارات .
 
تقدم وزارة الدفاع الوطني خرائط وإحداثيات للمناطق العسكرية التي لا يجوز تملك الأجانب بجوارها .

 




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