14 replies to this topic

[Abi]

I was reading somewhere else that there are going to be 2 important changes in the way we buy property here. At the meeting held in Altinkum which was held by a member of the British Consulate from Izmir. The BC representative reported the following...


The first one is that Governors and Tapu offices will be given maps that indicate where foreigners can/can't buy. This will mean no waiting for military clearances any more and foreigners will be able to buy in the same way that Turks can.

The second change is the way property fraud is going to be changed and will be reclassified as fraud rather than a civil matter. Public prosecutors will be able to seize the assets of both the guilty person and also their immediate family.

These changes are said to be coming into force next month. Hopefully the British Consulate will be confirming these changes on their web site sooner rather than later.

[sunny]

The first one where military clearance will no longer be needed is excellent news and long overdue.
The second one I can understand the need for change as a lot of people did not put the correct value of their house on the tapu to avoid paying some of the tax levied when you buy a house. I'm a bit wary of the last bit though where the assets of the guilty person can be seized and those of their immediate family.
I wonder what they class as immediate family. Could our assets be seized if Mr Sunny's brother or mother falsified the tax? Seems it could be punishing innocent people.

[Abi]

I believe that that is normal in fraud cases. I remember a man who worked in a Tapu office saying that if he was convicted of fraud and he couldn't pay the money back his family would be expected to. With the property scams that have been going on, they have always been treated under the civil court and not as fraud for some strange reason. Not sure which family members it would apply to,

[Vic801]

I'll ask my lawyer for clarification on this when I see him on the 17th April. When I spoke to him last time he was frustrated about the different rumours flying round and was phoning the Ministry every day whose answer has been as yet that the new project is still under examination.

Wouldn't be fun if Evil Mehmet's sister's assets could be seized - she's married to the Mayor!!

[sunny]

Ha ha, that would be interesting.

[swabs]

They probs would have a loop hole especially for the high up people like the mayor wouldnt surprise me in Turkey xx

[Abi]

Sunny, it maybe just in cases when it can be shown that properties/monies had been transferred over to family members in order to say they have nothing that the court is able to take it back.

[Yellowcatt]

"The first one is that Governors and Tapu offices will be given maps that indicate where foreigners can/can't buy. This will mean no waiting for military clearances any more and foreigners will be able to buy in the same way that Turks can."

That is good news, will make things a lot easier.
Anyone have any more information on this or know when it will be coming in?
Any links?

[Vic801]

This one has been on the books for some time, maybe I'm a jaded doubting Thomas but I'll believe it when I see the official information.

[Abi]

At the moment it's just hear say Yellowcatt and will be pleased to see an official statement. I know about 3 years ago the army were instructed to provide maps to Govenors/Tapu offices, so like Vic said it's been on the books for some time now. The other part about it being being classed as fraud is welcome news and hope that it is true, but again, we need official statements to back it all up,

[Yellowcatt]

Presumably the authorities would still want to check for criminal records?

[Vic801]

I asked our lawyer about these changes. He is still waiting for the official confirmation of these changes but he has seen the drafts.

The law was actually passed in 2005 but never applied on a regional level. The new legislation will lay out the rules for the military checks to be done by the Tapu office. The 10% rule still stands. The ban on foreigners buying agricultural land stll stands (but most foreigners wishing to do so wil just set up a Turkish Ltd. to do so).

As for property fraud being classed as other than civil, and assets of family being able to be seized, this is according to him "wishful thinking".

[Abi]

I asked our lawyer about these changes. He is still waiting for the official confirmation of these changes but he has seen the drafts.

The law was actually passed in 2005 but never applied on a regional level. The new legislation will lay out the rules for the military checks to be done by the Tapu office. The 10% rule still stands. The ban on foreigners buying agricultural land stll stands (but most foreigners wishing to do so wil just set up a Turkish Ltd. to do so).

As for property fraud being classed as other than civil, and assets of family being able to be seized, this is according to him "wishful thinking".

Thanks for asking him Vic. Shame that law has been hanging around seen 2005 as it would have save a huge amount of problems. It's an even bigger pity that the property law being classed as fraud is just 'wishful thinking'.

[candidcorner]

We just purchased property in Aydin area (Akbuk) on September 25, 2012 and WE PAID FOR MILITARY CLEARANCE 800 TL. As well, by October 8, 2012 our realator advised us that the TAPU transfer fee had gone up from 3.3 % to 4 % and we would need to transfer more money to cover the increase.
Of course, when I read on a forum something contrary to what in reality is happening now, I am wondering which is incorrect: the forum or my realator.

[Abi]

Hi and welcome to our forum candidcorner. Recently the Government announced a number of tax hikes which included the Tapu transfer fee going up to 4%. So your realtor was correct in asking for more money. A thread was started on the forum where articles were posted about these increases at the time, maybe you didn't see it. It's always good to double check as you have done, as they say it's better to be safe than sorry.