Legal consultancy in Turkey

So, within the range of services provided by Alamany real estate company for real estate investment, we have a team specialized in providing legal consultancy services that includes all the necessary information and procedures that should be followed to ensure the completion of the property purchase , legally, with the state’s institutions. Most importantly :

           Residence in Turkey

           Besides, among the various options and preferences, Turkey is chosen to be the best for living among several other countries, thanks to the facilities that it provides in the purpose of getting the residency, for example. Therefore, like all countries in the work, residency requires legal papers to ensure to its holder comfort transportation between the country’s border.

           Furthermore, residency in Turkey took many forms. So, it is available for foreigners with the possibility of obtaining it in several ways, whether, by purchasing a property, attending a university, working, or even you can get touristic residency.

            In fact, it requires a lot of documents and procedures that should be followed up with state so as to obtain them. Hence, here comes the role of Alfaris team for legal consultancy to provide you with all the papers and documents in order to speed up the process of completing the transaction.

Among the most important types of residency in Turkey :

Student residency:

          Is granted to foriegn students wishing to be enrolled in Turkish universities to complete their studies (( Bachelor, Master, or Doctorate )). What is more, the residency application is made after obtaining official documents, like final acceptance letter and student ID, from the university. It is granted only during the study  years. So that, it is not renewed after the completion of the university period.

Work residency:

          Which is considered a right for a foreigner who is legally practicing his work within one of the country’s companies. Therefore, if the person is affiliated with one of the companies, he or she must be granted a residency by the management of the contracting company, which follows up the procedures with the Turkish ministry of labor.

Touristic residency:

           Any foreigner who is wishing to stay in Turkey can apply for residency, and after completing the procedures, he or she obtains a residence permit for a year or two, otherwise, it is renewable, which helps him complete all legal formalities, banking services, and educational transactions, within the period of his or her residency in Turkey.

Family residency:

            It can be obtained after marring a Turkish citizen, and after three years of marring a Turkish citizen, and after three years of marriage, it may entitle him to obtain the Turkish citizenship. besides, It is also granted to the children of the foreign husband or wife who are under the legal age.So, it is obtained after an electronic appointment.

Real estate purchase residency ((real estate residency)):

           By purchasing and owning a property in Turkey, it is acquired by the owner of the property as well as his or her family members such as the partner and children under the age of 18 years. Next, it is renewable annually, along with that it entitles its owner to travel within and outside the country borders. Apart for that, the required documents to apply for it are : passport translated and certified by the Notre, personal photos, personal status, health insurance, the title deed ‘’ Tapu’’, tax number.

Purchase contracts:

            Further, after completing the real estate purchase process, in Turkey, the most important step comes, which is to contract the property seller. Therefore, during this stage you need a legal counsel as well as a real estate consultant who is professional in the real estate laws and contract in order to help you understand the terms and all details of the contract .

          One of the most important points that must be considered in the purchase contract :

1. The name of the selling company and full information about the sold property.
2. The price of the property and the method of payment ( installments, cash ).
3. Having detailed information about the property ( real estate number, apartment are, property land number).
4. The delivery date, Along with the expected period of late delivery with clarification of the penalty clauses in case of delay in delivering the property, which is often the payment of rent to the buyer for each month of delay.
5. The penalty of the delay in paying the monthly installments.
6. Detailed information about the materials used in construction of the building.
7. A copy of the buyer’s passport and the identity of the selling company.
8. All contracts are in the Turkish language, signed and certified by a Turkish notary, with sometimes a copy in another language.
9. The presence of the property owner to sign the purchase contract or his representative who must be provided with an authorization from the Turkish embassy in their country of residence.

The title deed ‘’ Tabu ‘’ :

           So, it is the contract or document that proves the buyer’s ownership of the property, and whish includes information about the property’s location and number. In fact, It is given only to the owner, however, in case more than one person subscribes in buying the property, a copy shall be given to each person, by indicating the percentage of each one in the property.

Steps related to the title deed procedures:

1. One of the most important points is to mention the actual price of the property in which the purchase was made to avoid financial penalties in the future.
2. Ensure that an earthquake insurance is provided.
3. Land registry number.
4. Extracting a tax number, which is a number given to every foreigner in Turkey in order to facilitate all transactions.
5. Existence of a bank account in a Turkish bank.
6. In case of buying a property under construction, the title deed is not delivered to the buyer until after the apartment is handed over to him or her, same as buying the property through installments.
7. Upon obtaining the title deed, you can obtain the real estate residency, which is granted to foreign investors who owns a property in Turkey. Indeed this residency is available for a period of one or two years, Along with being renewable.
8. Title deed fees, which is 4% of the purchase price of the property.

Taxes:

            Upon completion of all property procedures, there are what is called tapu fees or commercial registration fees. In fact, they are fees that the buyer pays to the state. Besides, it is usually calculated from the total price of the property at a rate of 4%, nevertheless, it must be taken in account.

Note : If the property is owned by more than one person, each person has to pay a percentage corresponding to the percentage of his or ownership in the property.

            In case the investor wants to resell the property 5 years before the date of the purchase, there is a tax payable ranging from 15% to 35% of the net profits. However, in case of selling the property after five years of the purchase result in the fact that no tax is required. 

           In addition to that, there is an annual real estate tax that must be paid to the municipality. It is equivalent to 0.003 of the  property’s total value.

Turkish citizenship:

Steps that should be followed in order to obtain the Turkish citizenship after purchasing the property :

1. Choosing the most appropriate property by consulting Alamany’s real estate consultant 
2. Alamany for real estate investment helps to obtain all the necessary documents to apply for citizenship with the help of  a specialized legal counsel.
3. Providing all personal documents certified by the consulate of the client’s country, translated and certified by a notary.
4. Evaluating the property so as to match its real value, under conditions that are approved by the Turkish government, where the property must not be less than 250 thousand dollars.
5. Written undertaking after selling the property before the lapse of three years from the date of the purchase.
6. Upon completion of all steps, it is sent to the interior ministry in order to study the file for a period ranging from one month to two months. Then after obtaining the approval of the Ministry, the application is sent to the Presidency of the republic for final approval.

           The required document to complete the turkish citizenship transactions after purchasing the property:

1. Birth certificate or civil registration
2. A family book or a family statement
3. Document not sentenced
4. A marriage contract or a document indicating the civil status
5. A passport or personal ID
6. Personal photos

Note : In order to grant the Turkish citizenship to all family members, such as, wife and children, the same papers are required with consent of the other parent so as to grant the citizenship to the children under the age of 18 and accordingly, the following documents must be available:

1. Birth certificate and birth statement.
2. Parents marriage contract.
3. The consent of both parents about their children’s acquiring for the citizenship.