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Monique

Buying agricultural property as foreigner

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Hello,

I would like to buy land in Turkey (the piece of land I found is near Fethye). It is registered as agricultural land and currently on sale. So my understanding is that you cannot just live on the land and use it for your private purpose but that you have to actually use it for commercial farming. Is that correct? I would love to live on that land and also do farming as the land is very suitable but not commercially, more out of private interest and purpose.

Can I covert agricultural land into one that can be used for private purposes? I was told by the agency that because it is agricultural land,  I would have to hire a lawyer and an accountant which would be costly. And ultimately I just want to live on this piece of land which has already a small charlet build on it. 

Does anyone has advice on this for me if I would be able to just live on this land without having a business? Or if I can convert the agricultural registration into a normal one for private property?

I'm a German citizen looking to live in Turkey.

Many thanks,

Monique 

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Good morning,

Typically agricultural land cannot be built on. Especially in these regions. 5% of the property can be developed for a dwelling, but the main intent is the land is intended to be used for strictly agricultural purposes. Hence the reason in price differeneces between agricultural land and residential land. 

It will be doubtful that you could purchase this land and live on it since it is zoned agricultural.

1. Legal Basis:
In accordance with the Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, which entered into force on 18 May 2012, the condition of reciprocity for foreigners who wish to buy property in Turkey is abolished.
Information on countries whose citizens can buy property and estate in Turkey can be provided from the Turkish Embassies/Consulates abroad and the General Directorate for Land Registry and Cadastre.
Persons with foreign nationality can buy any kind of property (house, business place, land, field) within the legal restrictions.
Persons with foreign nationality who buy property without construction (land, field) have to submit the project which they will construct on the property to the relevant Ministry within 2 years.
2. Format of the Contract:
According to the Turkish laws and regulations in force, transfer of ownership of a property is only possible with an official deed and registry which is signed at the Land Registry Directorates.
It is possible to sign a “sales commitment agreement” before a notary. However, legal ownership to the property do not pass with a “sales commitment agreement” or other kind of sales agreements to be signed before the notary.
3. Legal Restrictions for Foreigners in Buying Property:
a) Persons with foreign nationality can buy maximum 30 hectares of property in Turkey in total and can acquire limited in rem right.
b) Foreigners cannot acquire or rent property within military forbidden zones and security zones.
c) Persons with foreign nationality can acquire property or limited in rem right in a district/town up to 10 % of the total area of the said district/town.
d) Legal restrictions do not apply in setting mortgage for real persons and commercial companies having legal personality which are established in foreign countries.
e) The properties are subject to winding up provisions in following cases: (i) if the properties are acquired in violation of laws; ii) if the relevant Ministries and administrations identify that the properties are used in violation of purpose of purchase; iii) if the foreigner does not apply to the relevant Ministry within time in case the property is acquired with a project commitment; iv) if the projects are not materialized within time.
4. Application and Procedure:
Buyer should be from the country whose citizens can acquire property or limited in rem right in Turkey and meet the necessary conditions.
Application:
The owner of the property or his/her authorized representative should make a preliminary application to the Land Registry Directorate. (Preliminary applications are made before noon by taking sequence number)
If the preliminary application is incomplete, the file will be kept waiting.
Necessary Documents:
a) Tittle deed of the property or information on village/district, block, building plot, detachment.
b) Identification document or passport (Together with its translation).
c) “Property Value Statement Document” to be provided from the relevant municipality.
d) Compulsory earthquake insurance policy for the buildings (house, office, etc.)
e) 1 photo of the seller, 2 photos of the buyer (photos to be taken within last 6 months, 6×4 size)
f) (If one of the sides cannot speak Turkish) certified translator,
g) (If the power of attorney is prepared abroad) The original or certified copy of the power of attorney and its approved translation.
Information on powers of attorney issued abroad:
– Powers of attorney are issued by the Turkish Embassies or Consulates.
– If the power of attorney which is issued by a notary of a foreign country is certified according to The Hague Convention dated 5 October 1961 and if it bears “Apostille (Convention de La Haye du Octobre 1961)” in French, there is no need for an additional certification of the said power of attorney by the relevant Turkish Consulate.(In the language of the country and including a approved photo of the interested person)
– If the power of attorney is issued by a notary of a foreign country which is not party to The Hague Convention dated 5 October 1961, the signature of the said notary has to be certified by the relevant authority of the foreign country and then the signature and seal of the said foreign authority have to be certified by the Turkish Consulate in that country. (In the language of the country and including a approved photo of the interested person)
Financial Aspect of the Procedure:
Both seller and buyer have to pay the tittle deed fee, calculated according to the selling price which cannot be less than the “Property Statement Value” to be issued by the relevant municipality. (According to the Charges Law No:492, the title deed fee percentage is 4%.)
5. Other points to be noticed by foreigners who wish to buy a property in Turkey:
– The foreigner has to inquire with the Land Registry Directorate if there is any limitation on the property, such as mortgage, arrestment or any obstacle which prevents the sale of the property.
– If the application by the foreigner for buying a property is rejected, the act can be appealed to the relevant Regional Office of the Land Registry Directorate.
– It is advised that foreigners do not work with persons/companies who/which are not expert or reliable.
– Having a residence permit is not a condition for the foreigner who wishes to buy a property in Turkey.
– If there is a disagreement between the sides on the sale of the property, the case has to be brought before the Turkish courts by referring to judicial authorities.

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Hi,

from my previous research; you have 4 choice to buy agricultural land (Tarla), and in all cases you have to get approval from (Forest and agricultural authority (Orman) ):

1- 10 Donum and below: it should have project like trees.

2- 70 Donum and below: it should have source of water (like well) and if its empty no problem.

3- 140 Donum and above: if its empty no problem 

4- have Plastik Covered houses for special planting.

You can build on 5% of the area. and to get it legally registered, you should go through process to get Electricity and normally if you didn't have near Electricity source it will be costly.

The cost of drilling well around 20,000 TL for 50 meter depth depending in your state and the electricity pump start from 13000 TL

You can build ready-mad house and use solar system to get electricity and normally the government will not ask you about licensing, but you will not able to register in in Tapu (title deed).

 

I hope i was helped you on this.

Regards,

 

 

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