Guidance for Foreigners

BUYING PROPERTY IN TURKEY: GUIDE FOR FOREIGNERS

This guide is prepared to help foreigners who wish to buy property in Turkey. However, this guide is
not a substitute for professional consultancy services.
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 within2 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,
6x4 size)
f) (If one of the sides cannot speak Turkish) certified translator and 2 witness.
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.
- 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.
Financial Aspect of the Procedure:
a) 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 for 2013 is % 2.)
b) Circulating capital fee which is determined locally has to be paid. (Maximum
70x2.5 TL for 2013.)
c) At the stage when the Land Registry Directorate inquires with the relevant military
authorities whether the property is located within a military or special zone, circulating
capital fee for the map prepared by the Cadastre Directorate has to be paid. (323 TL for
2013)

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. Likewise, buying a property does not grant the foreigner obtain
residence permit 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.

6. Acquisitions by Foreign Companies:

- Acquisition of property by the companies which are registered in Turkey is
governed by the Article 35 of the Land Registry Law No 2644.

a) Foreign commercial corporations which are established according to the
relevant laws of their countries of origin can acquire property and limited in rem
rights within the provisions of special laws. These special laws are:
- Petroleum Law No. 6326
- Law on Encouragement of Tourism No. 2634
- Law on Industrial Zones No. 4737

b) No restriction is implemented in favor of the said commercial companies in
establishing mortgage.

c) Other foreign corporations (i.e. foundation, association,) cannot buy property
and acquire limited in rem right.

7. Acquisition of Property by Companies with Foreign Capital:
The companies with foreign capital,
- If the foreign investors hold, individually or collectively, 50 % or more shares of
the said company,
- If the foreign investors do not hold any share of the said company, but have a
right to assign or remove the managers of the said companies on the condition that the
said company has a legal personality in Turkey,

could buy property in Turkey in accordance with Article 36 of Land Registry Law No.
2644 and the Decree on Acquisition of Property and Limited in Rem Rights by
Companies and Corporations within the Context of Article 36 of Land Registry Law No.
2644, dated 16.08.2012.
The Land Registry General Directorate has published a circular No. 2012/13 (1735) on
acquisition of property and limited in rem rights by companies with foreign capitals
http://www.mfa.gov.tr/guidance-for-foreigners.en.mfa
New Turkish real estate law concerning
foreigners buying in Turkey

Following the enactment of the new law which brought significant changes to regulations about
foreign citizens buying real estate in Turkey, I have been receiving several questions from readers.


The questions are usually on very different topics based on the individual needs of each person.
Some questions are based on the nationality of the foreign buyer, such as: How does a Greek
investor buy real estate in Turkey? or How does a citizen of Kuwait buy real estate in Turkey? In
some cases the questions are about the location of the real estate: How does a foreign citizen buy
real estate in stanbul, in the Beyolu area? or I am a British citizen who wants to buy property in a
village. Does the new law allow foreign citizens to buy real estate in a village? In some cases it is
about the type of the property. Is there any limitation on size for a Saudi citizen buying land or buying
a building in Turkey?
I will write different articles concerning all these topics since the new Turkish real estate law is a very
important matter for expats living in Turkey and for foreign investors (especially the ones who were
not allowed to buy real estate from Turkey earlier, such as Saudi, Kuwaiti and Chinese citizens). In
the meantime please let me know if you have any problems buying property in Turkey and do not
hesitate to ask any questions about the new Turkish real estate law.
In this article I will quote some real-life questions from a Saudi citizen buying property in Turkey and
short responses to those questions.
Dear Mr. Berk, I heard on TV that foreigners (also Saudi Arabian citizens) can now register property
in their personal names in Turkey and this new law has been approved and has come into force
now. On that I have some questions.
Question: I am planning to buy some units (more than 10). I want to register these units. What
documents should I prepare for my lawyer?
Answer: These properties can be registered under your personal name or under a companys name.
You can choose which one with regard to tax advantages. To register the units, you need to prepare
a power of attorney and a copy of your passport.
Question: How many units can each person own in his or her name?
Answer: There are no restrictions on the number of units, but due to the limited real rights of
foreigners the total acreage of the properties cannot be more than 10 percent of a towns total
acreage, or 30 hectares throughout the country.
Question: If I have units for rent, is it better to register these units under my personal name? Or am I
better off setting up a Turkish company and doing business in the companys name? Also, how
about expenses like hotels, tickets, etc. -- can these be deducted from income if the units are under
a personal name or can this be done if they are under a companys name?
Answer: It depends on the size of the project you are investing in. The minimum monthly amount to
run a Turkish company (rent, accountancy and small duties which have to be paid even if the
company does not make profit, etc.) is around $300. If you buy one apartment and rent it for $600,
then there is no point in establishing a Turkish company, and you can pay your tax as an individual
on real estate income. If your investment is bigger, then setting up a company may be a better
option so that you can arrange for expenses like hotel bookings, tickets, etc., to be deducted from
your income and pay less capital gains tax.
Question: What is the tax regime? Are there any taxes if units are under a personal name and these
units are for rent?
Answer: There are two types of taxes for all residences and workplaces. These are the property tax
and the environmental tax, which together make up the housing fund tax. In addition, income gained
from a property is subject to taxation at different rates starting from 15 percent and reaching 35
percent depending on the level of income. Even if the properties are under your name, there is a tax
on rent. When you have income from rent, there is a tax obligation.
Question: Is there any tax if the unit is for ones own use and not for renting?
If the properties are for your own use, there will be no income tax, of course. As mentioned above
there are two types of taxes for all residences and workplaces. These taxes are housing fund tax --
property tax and environmental tax.
NOTE: Berk ektir is a licensed attorney at law and available to answer questions on the legal
aspects of living in Turkey. Please kindly send inquiries to b.cektir@todayszaman.com. If a senders
letter is published, names may be disclosed unless otherwise expressly stated by the sender.
DISCLAIMER: The information provided here is intended to give basic legal information. You should
seek legal assistance from a licensed attorney at law while conducting legal transactions and not
rely solely on the information in this column.

http://www.todayszaman.com/columnists-291388-new-turkish-real-estate-law-concerning-foreigners-
buying-in-turkey.html

Real estate law to open door to
foreign real estate investment in
Turkey, but not to all

7



Approved this month by the president, the law authorizes 183 nationalities (up from a previous 89) to purchase real estate in
Turkey free of restrictions imposed by the state. (PHOTO aa, Gkmen Yce)
19 August 2012 /NOAH BLASER
A new Turkish real estate law is set to ease regulations for foreigners looking to buy property in
Turkey, though the law will preserve long-standing restrictions on ownership by citizens from
neighboring countries.
Approved this month by the president, the law authorizes 183 nationalities (up from a previous 89) to
purchase real estate in Turkey free of restrictions from the state, leading one Turkish daily to quip
this week that foreigners need only a passport or any old mug shot to buy real estate under the
new law.
The process wont be that easy for citizens of countries neighboring Turkey, including Greece,
Armenia, Bulgaria, Syria and Iran, who will be limited or entirely barred from purchasing property in
the country -- a hold-over from regulations in decades past, which limited foreign property ownership
on the grounds of national security.
The law nevertheless marks the biggest opening in Turkeys real estate market to date for foreign
investors, says former vice president of the governments Privatization Administration (B)
Sleyman Yaar, who told Sundays Zaman on Thursday that the new law is designed to make
Turkey more accessible to outside investment, and make stanbul a global city. More specifically,
one might say it aims to make stanbul the new financial and vacation capital of the Middle East, as
experts in Turkish property markets anticipate a wave of investment from the real estate-hungry Gulf
States and Saudi Arabia.
Wherever the money comes from, the government hopes to attract a lot of it within the next decade -
- no less than $300 billion in foreign investment by some officials accounts. That ambitious sum
hints at the governments eagerness to see stanbul follow in the footsteps of real estate capitals like
New York, London and Dubai, says Yaar, adding that while a housing and office space glut will
keep prices down in the short term, stanbuls real estate prices will soar in tandem with the
governments lofty ambitions.
The future of real estate in stanbul
If stanbul realtors anticipate a new tide of investment from the Middle East, their judgment is based
on a current wave of investment from the Gulf states and Saudi Arabia, which, despite extensive
restrictions and barriers, began almost a decade ago. According to Oya Zingal Dural, country
manager of Mresco Turkey, a Kuwait-based international real estate company, Kuwaiti and Saudi
Arabian customers have in the last several years, despite previous regulatory barriers, begun to buy
up second homes in Turkey in large numbers.
stanbuls rising clout among Arab buyers could be attributed to stanbuls growing global
prominence and its status as the worlds number five tourist destination. It also helps that the city is
romanticized in the many Turkish soap operas which are today beloved by Arabs the Middle East
over. Many Turkish TV series have been drawing huge attention in the region, writes Dural. Indeed,
one Turkish daily even suggested in early August that the government will ask television actors
such as Kvan Tatltu and Tuba Bykstn, who have shot to fame in Arab countries in the
Persian Gulf, to lure wealthy investors from that region.
Arab investors, however, may not need the prompting of soap opera dreamboats to invest in Turkey,
said a report released this month by the global real estate firm Jones Lang LaSalle (JLL). According
to the Khaleej Times, the report found that sovereign wealth funds, investment funds and private
equity funds from the Gulf region are among those redirecting their growth plans towards Turkey as
the slowdown in Europe makes investment prospects there increasingly gloomy. Indeed, when the
details of the real estate law were made public in May, the Turkish Central Bank reported a buying
boom in which $1.1 billion in real estate had been purchased by foreign investors, four times the
total sum of real estate purchases by foreign nationals in all of 2011. The sudden buying up of real
estate -- which experts largely attributed to anticipation of higher prices once more buyers were able
to access the market has led to speculation that prices will eventually soar in parallel with the
astronomical rise in demand.
The JLL reports that this may be unlikely within the next few years, citing the booming construction
industry, which has produced a glut in housing, and an additional 4 million square meters of office
space that will hit the market by the end of 2013. Nonetheless, say many realtors, prices will rise
considerably in the long term -- especially when it comes to summer homes and vacation properties.
Prices are simply destined to rise, because real estate now is rather undervalued, even with a
significant increase in price, stanbul is going to be cheaper than its competitors, says Yaar. If you
look at London, Paris, Moscow or Dubai, the prices here arent getting extremely high. Turkey is
going to remain a good alternative, so lots of real estate is going to be getting bought up.
Old restrictions remain for Turkeys neighbors
The new law is a significant departure from Turkeys decades-old policy of reciprocity in its real
estate laws, abandoning the principle that you can buy real estate in Turkey only if a Turk could buy
real estate in your country, says Baheehir University economics professor Seyfettin Grsel.
But the trappings of economic nationalism are nonetheless present in the coming law, with
limitations imposed on the purchase of property by neighboring countries, and the outright ban on
property sales to citizens from countries with which Turkey does not have formal diplomatic
relations, which are Armenia, Syria, Yemen, Cuba, Nigeria and North Korea.
Greek citizens are also banned under the present law from buying property in much of Turkey, with
some Turkish papers reporting that Greeks will not be allowed to buy any coastal properties in
Turkey, and others reporting that sales will be forbidden in 28 coastal regions near the Aegean Sea,
in the border province of Edirne and in the city of stanbul. Notably absent from the regulation is
Greeces Turkish population in western Thrace, which owns thousands of properties across Turkey.
The law also imposes similar bans on Russian purchases of land in the Black Sea, and bans on
Bulgarian, Iranian, and Syrian purchases in border regions. Such regulations are copied largely from
Turkeys previous real estate regulations, which also limit foreign property ownership to 10 percent
of any given town and prohibit the purchase of land in the countryside.
The limitations, says Grsel, emphasize how much room still remains for investor-friendly Turkey,
despite the landmark change in law. The law is certainly going to make buying property much
easier, he says. But some things have also remained the same, and it certainly could be reformed
to make it more friendly to investors from all countries. But it is a major move by all means.
http://www.todayszaman.com/news-289919-real-estate-law-to-open-door-to-foreign-real-estate-
investment-in-turkey-but-not-to-all.html
Turkish Condominium Law


CHAPTER I - General Provisions

A) Condominium ownership and construction servitude
I - General Rule
ARTICLE 1.- Independent ownership rights may be established, under the provisions of this law, by the
owner or the co-owners of a real estate on the portions of a completed building such as floor, apartment,
office, shop, store, cellar, warehouse which are available to be used separately and independently.

Servitude rights may be established, under this law, by the owner or the co-owners of a building plot on the
portions of a building being built or to be built in future and answering to the characteristics indicated above
in the first paragraph to be taken as a basis for the condominium ownership to be established after the
building has been completed.
II - Definitions
ARTICLE 2. - For the purpose of this law the following terms shall have the meanings indicated below:

a) "Main property" the whole of real property on which condominium ownership is established, "main
building" only the portion constituting the main construction, "independent division" the portions of the main
property each of which is available to be used independently and separately and which may be owned
independently under this law, "annexes" the places which are situated outside the independent divisions
and are directly allocated to that division, "condominium ownership" the property right established on the
independent divisions and "condominium owner" the holder of the said right.
b) "Common premises" the places which remain outside the independent divisions of the main property and
serve for protection and joint use and "right of use" the right of using these places belonging jointly to the
condominium owners in their capacity of co-owners.
c) (Amended: 13/4/1983 - 2814/art 1.) "Construction servitude" the servitude established under the
provisions of this law by the owner or the co-owners of a building plot for the independent premises of one
or more buildings which are being built or will be built on the plot to be taken as a basis for condominium
ownership in the future and "holder of a construction servitude" the holder of the said servitude;"

d) "Building plot share" collective ownership share on the building plot to be allocated to the independent
divisions according to the principle stated in this law.

e) "Agreement" the authenticated deed concerning the establishment of condominium ownership or
construction servitude.
III - Character of condominium ownership and construction servitude
ARTICLE 3. - Condominium ownership is a private ownership related to the building plot share and to the
common premises of the main property.
(Amended second parag.: 14/11/2007-5711/art.1) Condominium ownership and construction servitude are
established by clearly indicating, in line with the collective ownership principles, the building plot share
which has been allocated in its project proportionally with the values calculated according to the location
and size of each independent division of main property which is subject to this ownership. If the building
plot shares have not been allocated proportionally with the shares of independent divisions, each
condominium owner or construction servitude holder can apply to the court for re-arrangement of building
plot shares. The building plot share which has been allocated to each independent division according to
this paragraph shall not be able to be changed due to future increases or decreases in the values of said
divisions. The provision of Article 44 is reserved.
(Amended third parag: 23/06/2009-5912/art.1) Construction servitude is a kind of servitude that is linked to
the share in the land, which is transformed ex-officio into a condominium ownership according to the
conditions stated in this Law, and on the basis of an occupancy permit that would be issued for the whole
building. This process can be carried out upon request of the owner of the land or of any one of the shared
owner that hold a construction servitude.
IV - Common premises
ARTICLE 4. - The subject of common premises may be determined by agreement. The following places
and things are, in any case, deemed to be common premises under this law.

a)The foundations and main walls, cross beams, columns, and curtain walls which constitute the load
bearing system and other elements of load bearing system, common walls separating independent
divisions, ceiling and floors, yards, main entrance doors, entrances, stair cases, elevators, stair-heads,
corridors and common W.C.s situated therein, door-keepers apartments or rooms, common laundries and
drying rooms, common coal-cellars and garages, recesses and closed places allocated to the protection of
electric, water and gas supply meters situated outside the independent divisions, central heating rooms,
wells and cisterns, common water tanks and underground shelters.

b)Sewers and garbage ducts situated outside the division of each condominium owner, and central heating,
water, gas and electric installations, common networks and antennas for telephone, radio and television, air
conditioning installations.

c)Roofs, chimneys, common terraces situated on the roofs, gutters and fire escapes.

The things and places not included among the above but indispensable for the common protection and use
are deemed to be "common premises".
B) Connections
I- Connections between the independent divisions and shares of plot:
ARTICLE 5. - In case of transfer of condominium ownership or its conveyance by inheritance, the building
plot share, which is attached thereto, shall be transferred at the same time. The building plot share shall not
be transferred or conveyed by inheritance separately from the condominium ownership or the construction
servitude, neither can it be encumbered by another right.

No building plot share may be left in the main property without being a condominium ownership or a
construction servitude being established in favour thereof.

(1)As for the second article of the law no 5711 dated 14/11/2007 the expression "cross beams, columns,
and curtain walls which constitute the load bearing system and other elements of load bearing system" has
been added after the expression "The foundations and main walls" and has been entered into the text. The
rights encumbering condominium ownership shall also encumber the building plot share, automatically.

No servitude shall be established on a building plot on which there are construction servitudes, if they are
not compatible with the said servitudes.

The rights registered or entered in the folio of the main property in the Register prior to the institution of
condominium ownership in the main property shall in principle encumber automatically condominium
ownership in proportion to the building plot share.
II - Connections between independent premises and annexes and common premises
ARTICLE 6. - Annexes such as coal cellars, water tanks, garages, recesses for gas, water and electric
supply meters and W.C.s situated outside independent divisions but directly allocated to the said divisions
shall be deemed to be complementary parts of the independent division to which they belong and the
owner of the said division shall become the sole owner of the said annexes.

Annexes shall be entered in the column of (statements) of the condominium ownership log and those
situated outside the ground on which is erected the main building shall be separately indicated on the
cadastral plan or the map of the land Registry.

No servitudes may be established on independent division, if they are incompatible with condominium
ownership and with the rights of other condominium owners.

In case of transfer, encumbrance or lease of independent divisions, the annexes and common premises
shall also be automatically transferred, encumbered or leased.
C) End of co-ownership and right of pre-emption
I - End of co-ownership
ARTICLE 7. - No extinction of co-ownership shall be required for an immovable on which condominium
ownership or construction servitude has been established.

Legal action or proceedings may be taken in connection with independent divisions as in the case of an
independent property. The extinction of co-ownership may be required for such divisions.
II - Right of pre-emption
ARTICLE 8. - (Amended first parag.: 13/4/1983 - 2814/art 3.) In case of sale of an independent division of a
property on which the regime of condominium ownership has been established or building plot share on
which construction servitude has been tied up, the other condominium owners shall have no rights of pre-
emption.

Should one of the joint owners of an independent division sell his share to another person, the other joint
owners shall be entitled to exercise their rights of pre-emption.

A provision contrary to this ARTICLE may be included in the agreement.
D) Scope of application of general provisions
Article 9
ARTICLE 9. - In the absence of any entry in the condominium ownership log or of construction servitude or
in the agreement concluded between the condominium owners or in the management plan or in this law,
conflicts arising from condominium ownership shall be settled according to the provisions of the Civil Code
or of other relevant laws.
CHAPTER II - Establishment of Condominium Ownership and Construction Servitude

A) General rule
Article 10
ARTICLE 10. - Condominium ownership and construction servitude shall begin with an authenticated deed
and an entry in the Land register.

No condominium ownership shall be established only on one or several divisions of an immovable, prior to
the main property being put under the regime of condominium ownership.

(Amended third parag,: 14/11/2007-5711/ art 3) Same type of adjacent independent divisions on the same
floor or the floors or divisions such as a hotel, business or commercial place which form completeness with
respect to economic or usage purposes can be registered as a single independent division into
condominium registration. To be able to make such a registration, it is necessary to have given the
appropriate modification document and occupancy certificate to the Title Deeds Registry Office.

Condominium ownership shall be registered according to an authenticated deed drawn up by the keeper of
the land of register or by court judgment rendered according to the following paragraph.

When a suit is filed for extinguishing co-ownership of a property suitable for placing under the regime of
condominium ownership, if one of the heirs or the co-owners demands that the division be made by
establishing condominium ownership and allocating independent divisions, the judge may decide that the
immovable in question be put under the regime of condominium ownership on the ground of the documents
indicated in ARTICLE 12 and the independent divisions be allocated separately to each co-owner by
balancing the shares.

(Inserted parag,: 14/11/2007-5711/ art 3) Independent divisions which have been assigned to the common
benefit or whose income is used to meet common expenses are registered in the condominium ownership
registration by writing in their owner part "the numbers of independent divisions" which make benefit of
them. This issue shall be shown in the part of statements of independent divisions.
B) Register of condominium ownership
Article 11
ARTICLE 11. -(Amended: 14/11/2007-5711/ art 4) Condominium ownership and construction servitude
shall be registered into the condominium ownership registration which shall be kept according to the Title
Deeds Registry Rules. Unless otherwise is expressed in this Law, the general provisions regarding
registration shall also be applied to the registration transactions to be made according to the condominium
ownership registration.

The condominium ownership and construction servitude at the places whose land registry has not been
made yet shall be registered in the Condominium Ownership Minute Book to be kept distinctly according to
the formula specified in Title Deeds Rules.
C)Establishment of condominium ownership
I - Formalities and documents
ARTICLE 12. - (Amended : 14/11/2007-5711/ art 5) For establishment of condominium ownership,
regarding conversion of main property to the condominium ownership, owner or all stakeholders of that real
estate have to apply to the title deeds registry office with below mentioned documents:

a) (Amended: 23/06/2009-5912/ art 2) The architectural project on which the building and the exterior walls,
the shares on the land according to the internal independent sections, the dimensions of the common
spaces and the location and size of the condominiums with reference to the storey, the type - such as
apartment, office - and to their sequential numbers that start with one, and the construction space thereof
are clearly shown, and which has been created by the author of the project and signed by all of the shared
owners, and approved by the public institutions and establishments; as well as the occupancy permit

b) A management plan which has been prepared according to the usage style of independent divisions, if
there are multiple structures, according to characteristics of buildings within the framework of the provisions
of Article 28, and which has been signed by the owner or owners who constitute the condominium
ownership.

c) (Abolished: 23/06/2009-5912/ art 2)
II - Agreement and registration
ARTICLE 13. - (Amended first parag.: 13/4/1983 - 2814/art.5) After the Land Registrar has been satisfied
that the documents filed are complete and drawn up according to regulations and procedures and that the
petitioners have legal ability, he will draw up an official agreement regarding the establishment of
condominium ownership or construction servitude. This agreement is deemed to be an application for
registration at the same time.

(Amended second parag. : 14/11/2007-5711/ art 6) The statement "Property of this real estate has been
converted into condominium ownership" should be written in the ownership cell of condominium ownership
log page in which construction servitude is registered if the servitude status is changed to condominium
ownership, or of title deed registry log page in which main property is registered if the condominium
ownership is directly established during arrangement of agreement so that the page is closed to the
transactions other than the servitude rights to be established against and in favor of main property and
each independent division which is subject to condominium ownership is registered into a distinct page of
condominium ownership log showing building plot share, plate, block, parcel, book, and page number of
that division; in addition, the connection between logs is established by writing book and page numbers of
independent divisions in condominium ownership log onto general log page where main property is
registered.

(Amended third parag. : 14/11/2007-5711/ art 6) The registry record of the rights which are currently
included in the page of main property, excluding servitude rights, shall be transferred into the page of
independent divisions in condominium ownership log. After the ownership of main property is converted to
condominium ownership the servitude rights to be established against and in favor of main property shall
also be registered in the page of main property in title deeds registry log and condominium ownership shall
be indicated in the statements cell of condominium ownership log.

Each independent division entered in the Register of condominium ownership shall acquire the character of
an independent property and shall take the no. carried by the said section in the certified plan.

(Amended: 13/4/1983 - 2814/ art.5) A certified copy of the project concerning his own independent division
from the project specified in subparagraph (a) of ARTICLE 12 shall also be delivered to condominium
owner upon his request in addition to scaled document of title.
D) Institution of construction servitude

Article 14
ARTICLE 14. - (Amended: 23/06/2009-5912/ art 3) In order for a construction servitude to be created on a lot on
which a building has not yet been constructed or the construction thereof has not been completed and to have it
registered with the land register, the request by the owner of the land or by all of the shared owners as well as a
project that has been created in accordance with subparagraph "a" of Article 12, and the management plan that is
mentioned in subparagraph "b" should be submitted to the land register. Management plan will not again be required
when changing to condominium

Construction servitude may be established on this building plot only by indicating in the column of (statements) of the
Register where the plot is entered the building plot share to be allocated to the independent division concerning each
construction servitude in the agreement or in the petition, and the numbers of the independent divisions subject to the
regime of condominium ownership after the building has been completed, according to the projects which have been
submitted and the annexes attached to these sections shall be indicated in the column of (statements).

(Amended: 23/06/2009-5912/ art 3) Changing of the construction servitude to condominium ownership after the
completion of the building shall be done ex-officio by the competent authority, on the basis of the formal contract and
the documents that are stated in Article 12, upon having the occupancy permit sent to the land register within sixty
days after its is issued.

(Inserted Paragraph: 14/11/2007-5711/7 art.; Abolished: 23/6/2009-5912/3 art.)
CHAPTER III - Rights of condominium owners and of holders of construction servitude

A) Right of condominium owners
I - On the independent division
ARTICLE 15. - Condominium owners have on the independent divisions owned by them the rights recognized by the
Civil Code to landowners, the relevant provisions of this law being reserved.
II - On the common premises
ARTICLE 16. - Condominium owners become owners of all the common premises of the main property, in proportion
to their building plot share, according to the provisions ruling co-ownership.

Condominium owners have the right to use the common premises. The extent of this right in such places as common
coal cellars, garage, terrace, laundry and drying rooms shall be proportionate to the building plot share, subject to
anything contrary in the agreement.
B) Rights of the holders of construction servitude
Article 17
ARTICLE 17. - Holders of construction servitude have the right of demanding the mutual execution of the obligations
incumbent of them in order that the building can be commenced and completed within the period stipulated in the
agreement and have the right to bring legal proceedings to this effect.

(Amended: 13/4/1983 -2814/md.7) Holders of construction servitudes may appoint as manager one or several from
among themselves or from outside for completing the building. The duties, powers and responsibilities of manager of
condominium ownership are applied to this manager.

(Inserted: 13/4/1983 -2814/md.7) If the building has been actually completed and the dwelling of two third of
independent divisions has been actually started of real properties on which construction servitude was established,
even if the transition to condominium ownership has not been realized, the provisions of condominium ownership are
applied to the management of main property.
CHAPTER IV - Obligations of condominium owners and of holders of construction servitude

A) Obligations of condominium owners
I - General Rule
ARTICLE 18. - Condominium owners are mutually obliged when they use either the independent divisions or the
annexes and common premises, to comply with the rules of equity, and in particular not to disturb each other, not to
violate their reciprocal rights, and to conform with the provisions of the management plan.

The provisions of this law regarding the obligations of condominium owners shall also apply to the tenants of
independent divisions and to holders of residential rights and to persons regularly using these sections in any way
whatsoever. Persons failing to comply with these obligations are jointly responsible with the condominium owner.

(Abolished last parag.: 14/11/2007-5711/ md 24.)
II - Maintenance and protection of the main property and responsibility for damages
ARTICLE 19. - Condominium owners are mutually obliged to maintain the property and to preserve its architectural
condition, beauty and solidity.

(Amended second parag. : 14/11/2007-5711/ art 8) One of condominium owners, without written consent of four fifth
of all condominium owners, cannot have the construction, repair and facilities, exterior calcimine or painting in
different colors made in the common places of main property. However, if it is determined by the court that any defect
in common places or facilities will damage main structure or any independent division and it should be fixed or the
main structure should be strengthened immediately, said consent of building owners is not sought to execute this
repair or strengthening operation according to its project and technical requirements. Condominium owner, in its own
independent division, cannot make any repair, facility or modification operation which may damage the main
structure. On connected places of independent divisions which are connected to each other by the means of ceiling,
ground or wall the repair, facility and modification works which will not damage the main structure may be made with
the collective consent of the owners of this division.

Each condominium owner is responsible towards the other condominium owners for any damage caused by his own
fault to the main property and to other independent divisions.
III - Participation in the general expenses of the main property
ARTICLE 20.- (Amended first parag.: 13/4/1983 - 2814/art.9)

Each of the condominium owners are liable to participate the followings unless otherwise is agreed between
themselves:

a) Equally to the expenses of door-keeper, central heating operator, gardener and watchman and the advances to be
collected for them;

b) The insurance premiums of the main property and the maintenance, protection, amplification and repair expenses
of all common premises, in other expenses such as the salary of the manager and in the operating expenses of the
common installations and the advance payment for expenses, in proportion to its share of the building plot (1).

c) Condominium owners may not refrain from paying his share of expenses and advance payments by desisting from
his right to use the common premises or installations or that he does not need to benefit from the same because of
the situation of his independent division.

(Amended : 13/4/1983 - 2814/art.9) Legal action and execution proceedings may be taken against condominium
owners who fail to pay their share of expenses and advance payments, by each condominium owner or by the
manager, according to the management plan, this law and general legislation. Condominium owner who did not pay
all of his expenditure or advance share is liable to pay delay compensation calculated by monthly five percent delay
interest for the delayed days.(1)

Should any fault committed by an condominium owner or a person using in any way whatsoever the independent
division of the said owner entail the expenses enumerated in the first paragraph, those having taken part in the
expenses shall have a right of revocation for the payments made by them, against the condominium owner in
question or the persons having caused the said expenses.
IV - Insurance contract
ARTICLE 21. - The board of condominium owners may decide to insure the main property for an amount to be fixed
by the board.

In case of insurance, condominium owners shall participate in the insurance charges in proportion to their share in
the building plot.

The insurance amount to be collected in case of complete destruction of the property shall be distributed among the
condominium owners in proportion to their share in the building plot, subject to any agreement to the contrary.

If only one or several independent divisions or annexes or part of the common premises have been damaged, the
insured amount to be collected shall be spent for repairing the damaged parts, in proportion to shares in the building
plot.

Condominium owners may insure separately their independent divisions in their name and for own account in order to
cover losses which could not be covered by the insurance of the main property. In this case they shall have sole
claim to the insured amount to be collected, without prejudice to their share in the insured amount of the main
property.

The imperative provisions concerning the insurance are reserved.

(1)By the Article 9 of the law No.5711 dated 14/11/2007 the expression "amplification" has been added after the
expression "protection" in the subparagraph (b) of the first paragraph and the expression "ten percent" in the second
paragraph has been amended as "five percent" and entered into the text.
V - Guarantee of common expenses
ARTICLE 22. - (Amended first parag: 13/4/1983 - 2814/art. 10) Also the people who are benefiting continuously from
one of the independent divisions depending upon a lease contract, residing right or another reason are liable jointly
and successively from expenditures and advance liability and delay compensation of the share of condominium
owner as per article 20. However, the liability of the leaser is limited with the lease amount that he is liable to pay and
the payment that he makes is deducted from his lease debt.

If the debt of the condominium owner cannot be charged in this way as well, legal right of lien shall be registered in
favor of the other condominium owners for this amount upon written request of the manager, if any, otherwise one of
the condominium owners on the independent division of the condominium owner that fails to pay for the debt as
determined by the court.

(Amended last sentence: 14/11/2007-5711/art. 10.) The provision of last paragraph of Article 893 of Turkish Civil
Code No. 4721 is also applied here.

(Amended: 13/4/1983 - 2814/art 10.) The claims of condominium owners on the condominium owner who fails to pay
his share of expenses or other persons in charge are preferred debts.
VI - Obligation to give permission
ARTICLE 23. - Should it be necessary, for the purpose of repairing a damage or defect having occurred in the
independent division of a condominium owner, or in the installations of this division or for the rebuild of facilities and
for the technical examinations required for building safety to enter another independent division, the owner of or the
persons residing in the said division in any other capacity are obliged to grant the permission to enter the said division
and carry out the necessary work.(1)

In case of damage to a part of the main property, for the refection of the said damaged part and its annexes or the
common premises or the installations of the independent division, should it be necessary to use the interior or the
exterior of undamaged independent divisions the owners or the persons residing in the said sections in any other
capacity shall grant the permission.

The owners of independent divisions having obtained the permission shall immediately compensate any damage
sustained by the owners or the persons residing in any other capacity as a result of the permission granted under the
foregoing paragraphs.
VII - Prohibitions
ARTICLE 24. - No institutions such as hospital, dispensary, clinique, polyclinique, pharmaceutical laboratory shall be
established in an independent division of the main property, entered as a dwelling or business place in the Register.
Agreements concluded by condominium owners contrary to this prohibition shall be null and void. Doctors
consultation rooms which do not have the character of a dispensary, clinique or polyclinique are excepted.

Places such as cinema, theatre, caf, casino, pavillon, bar, club, dancing hall and similar entertainment and meeting
places and feeding places such as bakery, restaurant, pastry-shop, milk-shop and places such as workshop, dye-
shop, printing-works, shop, gallery and market can only be opened in an independent division of the main property
entered as dwelling in the Register, with the unanimous decision of the board of condominium owners.

This decision shall be entered on all the folios of the condominium ownership log concerning independent divisions,
upon the request of the manager or one of the condominium owners.
VIII - Obligation to transfer the condominium ownership
ARTICLE 25. - Should any of the condominium owners violate the rights of other condominium owners to the point of
making a nuisance of himself, by neglecting to fulfil the obligations and failing to pay the debts incumbent on him
under this law, the other condominium owners are entitled to request the judge that the ownership right of the owner
of the said independent division be transferred to them. (1)By the article 11of the law no.5711 dated 14/11/2007 the
expression "technical examinations required for building safety" has been added after the expression "rebuild of
facilities" in this paragraph and entered into the text.

(Amended second parag. : 14/11/2007-5711/ art 12)

Filing an action against such a condominium owner for paying the value of property of independent division at the
nearest date to the resolution to him / her and transferring this ownership to other condominium owners proportionally
with their building plot shares is possible only if the other condominium owners conclude to a majority resolution by
number and building plot share, unless otherwise has been previously agreed. If some of condominium owners do
not choose to file then the suit is filed by other condominium owners and the judge, before s/he passes a decision,
gives an appropriate time to the claimants to pay the transfer value in a three-month time deposit bank account for
paying to the right owner in future and to submit the receipt. When the document as per this payment is submitted
and in case of the acceptance of law suit, the judge adjudicates to transfer the ownership of the independent division
of respondent to claimant condominium owners in proportional to their shares and to pay the transfer value and its
accrued interest to respondent.

Under the following circumstances, the nuisance mentioned in the first paragraph is deemed, in any case, to exist :

a)If failure to pay the debts resulting from common expenses and advance payments entails executive processing or
legal action three times in two calendar years,

b)If in spite of the order given in accordance with ARTICLE 33 by the justice of the peace of the locality where the
main property is situated, the debts and charges indicated in this law are not paid or fulfilled and the rights of other
condominium owners continue to be thus violated for one year,

c)In case of any act contrary top morals, by using the independent division as a house of prostitution, gaming house
or the like.

(Amended fourth parag. : 14/11/2007-5711/ art 12) If the right to file lawsuit in this article is not used in six months
from the date on which the decision of condominium owners to file lawsuit regarding transfer is learnt and in five
years from arise of right to file lawsuit or if the reason of lawsuit has disappeared the action is dismissed.
B) Debts of construction servitude holders
Article 26
ARTICLE 26. - Holders of construction servitudes are mutually obliged to comply in due time with the obligations
incumbent on them in order to complete, according to the agreement and to plan, the building to be constructed on
the common plot covered by the said servitude, in order to transform the same subsequently into condominium
ownership and they facilitate the work of building according to the rules of equity.

(Amended second parag. : 14/11/2007-5711/ art 13) If one of construction servitude owners does not pay his / her
debts in two months in spite of and from the notification made through the medium of notary public the judge, upon
the written request of others, adjudicates to transfer her / his building plot share and construction servitude to the
other stakeholders in proportion to their building plot shares.

Should the construction servitude become extinct through failure to build within the legal time limit by the fault of a
servitude holder, the party at fault shall compensate the damages sustained through such action by the other holders.
CHAPTER V - Management of the Main Property

A) Board
Article 27
ARTICLE 27. - The main property shall be managed by the board of condominium owners and the method of
management shall be decided by the said board, subject to the imperative provisions of the law.

B) Management plan
Article 28
ARTICLE 28. - The management plan shall determine the method of management, the object and manner of use, the
remuneration of managers and controllers and other details regarding management. The management plan has the
force of an agreement binding on all condominium owners.

In the absence of any provisions in the management plan, disputes arising from the management of the main
property shall be settled according to this law and to general legislation.

(Amended: 13/4/1983 - 2814/art 11.) The votes of four fifth of condominium owners are required for any modification
in the management plan. The right of condominium owners to apply to the court according to article 33 is reserved.

The management plan and amendments thereof shall be binding on all condominium owners and their heirs and
general legatees and their managers and controllers.

The date of the management plan and of all subsequent amendments shall be entered in the column entitled
statements of the condominium ownership log and they shall be attached to the management plan and kept with the
documents regarding the establishment of condominium ownership.
C)Meeting of the condominium owners and resolutions
I - Time of meetings
ARTICLE 29. - The meeting of condominium owners shall be held at the time indicated in the management plan and
at least one a year. If no time is indicated, it shall be held during the first month of each calendar year. ( Inserted
sentence: 14/11/2007-5711/ art 14) As per the multiple buildings, the boards shall meet at the times specified in the
management plans but at least once in two years, or in the first month of second calendar year if such time has not
been specified in management plan.

When there is an important motive, the meeting of condominium owners may be called at any time, by the manager
or the controller or one third of the condominium owners, by a notice sent by registered mail or signed by all
condominium owners, at least fifteen days prior to the date specified for the meeting, by indicating the reasons
thereof.

The first notice shall also indicate the place and date of the second meeting if there is no quorum at the first meeting.
(Inserted sentence: 14/11/2007-5711/ art 14) The time between first and second meetings cannot be less than seven
days.
II - Quorum
ARTICLE 30. - The meeting shall be held when more than one half of the number of condominium owners and more
than one half of the plot shares are present and shall render its resolution by majority.

(Amended second parag. : 14/11/2007-5711/ art 15) In case that the first meeting cannot be made because the
quorum cannot be met then the second meeting is made in fifteen days at the latest. The quorum in this meeting is
the absolute majority of participants.

The provisions specified in this law regarding quorum are reserved.
III - Voting
ARTICLE 31. - Each condominium owner has one vote without any consideration for the proportion of his share in the
building plot.

A condominium owner of more than one independent division in the main property, has a separate vote for each
independent division. However whatever the number of independent division owned is, he shall not have a number of
votes exceeding one third of all the votes. Fractions shall be discarded when calculating the number of votes.

Should an independent division be owned by several persons, they shall be represented on the board of the
condominium owners by one of to whom they will delegate their powers. Should an condominium owner be under
disability, he will be represented by his legal representative.

If the resolution to be taken concerns him directly, the condominium owner may be present at the discussion without
having voting power.

(Amended last parag. : 14/11/2007-5711/ art 16) One of condominium owners can use her / his vote by the medium
of her / his representative. One person cannot be assigned as the representative to use more than 5% of the number
of votes. However, as per the immovable assets which are subject to forty or less condominium ownerships one
person can represent maximum two people.
IV - Resolution
ARTICLE 32. - The main property shall be managed according to the resolutions taken by the board of condominium
owners according to the agreement, the management plan and the provisions of the law.

All condominium owners and their heirs and general legatees and managers and controllers shall abide by the
resolutions passed by the board of condominium owners.

Disputes resulting from the use or management of the main property, among the condominium owners or between
them and the managers and controllers, or among the managers and controllers, shall be settled by the board of
condominium owners.

The resolutions of the board of condominium owners shall be entered in a register having all its pages numbered and
legalized by the Notary and shall be signed by all condominium owners present at the meeting. Dissentients shall
sign the resolution by giving a reason for their opposition.

Disputes arising on a question shall be settled in principle according to a previous resolution on the same question
entered in the register of resolutions.
V - Intervention of the judge
ARTICLE 33. -(Amended first parag. : 14/11/2007-5711/ art 17) Each condominium owner who has attended but
used dissentive vote in the board meeting in accordance with the provision of Article 32 in one month from the date of
adjudication, and each condominium owner who has not attended in the board meeting in one month from the date
s/he learns the board resolution but in six months from the date of adjudication at the latest can file a nullity suit
against the resolutions of the board of condominium owners at the court of peace of the place in which the said main
property is located; and in the cases the resolutions of the board of condominium owners are deemed invalid due to
absolute nullity there will be no time restriction to apply to the court. One or more condominium owner who suffer
because one of condominium owners or any person who continuously makes benefit of her / his flat based on the
lease agreement, right of occupation or any other reason does not fulfill her / his debts or obligations can apply to the
court of peace authorized in that place and plead for the intervention of judge.

The judge, after having heard the parties, shall immediately render his judgment according to this law and the
management plan or in the absence of these according to general legislation and the rules of equity and shall notify
the party concerned verbally or in writing to comply thereto within a short time to be fixed by the judge.

(Amended third parag. : 14/11/2007-5711/ art 17) The ones who have not fulfilled the requirements of decision given
by the judge are punished with the administrative pecuniary penalty from two-hundred and fifty Turkish Liras to two
thousand Turkish Liras by the court. The provision of Article 25 is reserved.
D )Manager
I - Assignment
ARTICLE 34. - Condominium owners may entrust the management of the main property to a person or to a
committee of three persons to be chosen from among themselves or outsiders. The said person shall be called
manager and the committee board of managers.

When the main property contains eight or a larger number of independent divisions, the assignment of a manager is
compulsory.

When all the sections of the main property are owned by a single person, he is legally in the situation of manager.

The manager shall be appointed by the numerical majority of the condominium owners and the majority of building
plot shares.

The manager shall be appointed anew at each legal annual meeting of the condominium owners. The retiring
manager is reeligible.

If the condominium owners fail to agree on the matter of management of the main property or of the assignment of a
manager, upon the request of one of the condominium owners and, if possible, after having heard the other owners,
the justice of the peace of the locality where the main property is situated shall appoint a manager. This manager
shall have the same powers as a manager appointed by the condominium owners and shall be responsible towards
them.

The manager appointed by the justice of the peace shall not be replaced by the board of condominium owners before
six months have elapsed since his assignment. However, for a justified reason the court having appointed the
manager may authorize his replacement.

The contract to be signed with the manager may contain a clause providing for the deposit of a guarantee. Even in
the absence of such a clause the board of condominium owners may require a deposit from the manager for a
justified reason.

(Amended last parag. : 14/11/2007-5711/ art 18) The name and surname, business and residence addresses of
manager should be hung in a frame beside the entrance door of main property or on a visible place at the entrance. If
this is not done, upon the application made by the relevant person, the manager or each member of the board of
managers is punished with the administrative pecuniary penalty from fifty Turkish Liras to two-hundred and fifty
Turkish Liras by the same court.
II- Duties of the manager
1. General duties of management

ARTICLE 35. - The duties of the manager are indicated in the management plan. Subject to anything to the contrary
in the plan, the manager shall be entrusted with the following duties:

a)Executing the resolutions passed by the board of condominium owners,

b)Taking the necessary precautions for the protection, maintenance and use of the main property in accordance with
its object,

c)Insuring the main property,

d)Collecting a sufficient amount in advance at the time indicated in the management plan and, in the absence of any
indication, in the course of the first month of each calendar year for the general management work of the main
property maintenance work such as protection, repairs, cleaning, the elevator, central heating and air conditioning
service and insurance, and when the advance is spent, collecting additional advances,

e)Accepting all other payments regarding the management of the main property, paying the debts resulting from the
management of the main property and, if he has been given the authority by the condominium owners, collecting the
rent of independent divisions,

f)Receiving the notifications concerning the whole of the main property,

g)Taking the necessary precautions to prevent the expiry of any time limit or the loss of any right concerning the main
property,

h)Taking on behalf of condominium owners the necessary measures for the protection and maintenance of the main
property which are to their advantage,

i)Instituting proceedings against condominium owners failing to comply with the obligations and charges concerning
condominium ownership and having entered in the condominium ownership log the right of statutory lien,

j)Opening in a valid bank, an account in his own name but by indicating his qualification of manager of the main
property in order to deposit and withdraw, when needed, the sums and advances collected.

k)Calling the board of condominium owners to the meeting.

2. Accounting and keeping of records

ARTICLE 36. - The manager shall enter in the book indicated in ARTICLE 32, in the chronological order, the
resolutions passed by the board of condominium owners, a summary of protests and notices and all expenses, and
shall preserve this book and all vouchers for expenses and other vouchers in a file.

The manager shall have this book closed by the Notary, in the course of the month following the end of each calendar
year.

The manager failing to comply with the duties indicated in this ARTICLE shall be liable to the penalties indicated in
the last paragraph of ARTICLE 33.



3. Drawing up the operation project

ARTICLE 37. - (Amended: 13/4/1983 - 2814/art. 12)

If there has not been any accepted operation project by the board of condominium owners, the manager shall draw
up the same as soon as possible.

This project shall particularly indicate the following details :

a) Estimates of income and expenses of the main property for the period of one operational year.

b) The approximate amounts of the share of each condominium owner on all expenses, according to the principles of
article 20 of this Law;

c) The amount of the advance that each condominium owner has to pay according to the principles of article 20 of
this Law, in order to cover the estimated and other eventual expenses.

This project is notified to condominium owners or beneficiaries of independent divisions by either personally in return
for their signatures or registered mail. Should one of the condominium owners object to the said project within seven
days after the date on which it has been communicated to him, the matter shall be reviewed by the board of
condominium owners and a resolution is passed regarding the said project, in case of necessity a new project shall
be drawn up.

Finalized operation projects or resolutions of the board of condominium owners regarding operation expenditures are
deemed documents specified in paragraph 1 of article 68 of Execution and Bankruptcy Law.


III- Responsibility of the manager
1. General rule

ARTICLE 38. - The manager is responsible towards the condominium owners exactly as an attorney. (Inserted parag.
: 14/11/2007-5711/ art 19) The claims against the resolutions of the board of condominium owners, board of block
representatives, or board of mass building representatives can be filed against the manager representing
condominium owners, or against the manager who was voted by the board of block representatives or board of mass
building representatives on condition of showing animosity towards him/her.. The manager announces the said claim
to all condominium owners or board of block or mass building representatives. In case of the nullity of board
resolution, the court expenses shall be met from the common expenses.

2. Giving of accounts ARTICLE 39. - The manager shall submit to the board of condominium owners, at the times
indicated in the management plan and, in the absence of any plan, in the course of the first month of each calendar
year, a statement of the income collected and expenses paid in connection with the main property, up to the date in
question.

Should it be required by one half of the condominium owners and whatever their share of building plot is, the
manager may be asked to submit accounts outside the dates indicated in the management plan.
IV - Rights of the manager
ARTICLE 40. - The manager shall in principle have the rights of an attorney.

Should the condominium owners fail to comply with their obligations and charges incumbent on them in due time and
entirely in spite of a formal notice served through the notary, the manager shall be entitled to terminate his contract
and withdraw without having to pay any compensation and claim from the condominium owners, the compensation of
losses suffered through such action.

Even if no retribution has been fixed in the management plan, or in the contract concluded with him, the manager
may claim from the condominium owners a reasonable retribution.

(Amended: 13/4/1983 - 2814/art.13.) The board of condominium owners decide whether the manager who has been
appointed among condominium owners will participate to normal management expenditures or not, should he
participate, in which proportion he will participate. If no decision was made to this end, the manager does not
participate half of the normal management expenditures of his share during his management period.
E) Control of the management
Article 41
ARTICLE 41. - The board of condominium owners shall regularly control the manner in which the manager is
discharging his duties and may at any time replace the manager for a justified reason.

If no fixed time has been specified in the management plan for the control of accounts, this control shall be made
every three months. The accounts may however be controlled at any time for a justified reason.

The board of condominium owners may entrust the duty of control to a controller or to a control board to be chosen
from among themselves by numerical majority or by majority of building plot share. In this case the controller or the
control board shall submit to the board of the condominium owners, at the times indicated in the management plan
and in the absence of such plan, in the course of the first month of such calendar year, a report indicating the results
of the control and their opinion regarding the method of management of the main property. This report shall be
duplicated and one copy sent by registered mail to each condominium owner.

The controller shall enter this report and the resolutions taken by them as well as other questions deemed necessary
in a register having all its pages legalised by the notary and shall sign these entries.
F)Innovations and additions
I- Those that are useful
ARTICLE 42. - Condominium owners cannot make, on his own authority, alterations in the common premises of the
main property. All innovations and additions for making the common premises easier to use and more comfortable or
more useful shall be made by a decision rendered by condominium owners, by numerical majority or majority of
building plot shares.

(Inserted paragraph: 1/7/2005-5378/ Art. 19) Where compulsory for the life of disabled persons, the project revision
shall be discussed in the meeting to be held by the landowners within not later than three months and shall be
decided upon majority of number of votes and shares in the land. If the meeting cannot be held within this period of
time or the demand for revision is not accepted by majority, the construction, repair and installation shall be made
according to the certified project revision or layout to be obtained from the concerned authorities pursuant to the
report of the commission stating that this does not endanger safety of building. The concerned authorities shall
finalize the certified project revision or layout demands within not later than six months. The procedures and
principles for formation of the commission, working procedures and the process after use by the disabled persons
shall be laid down in a regulation that shall be prepared jointly by the Ministry of Public Works and Settlement and the
Administration Department for Disabled Persons.

The expenses of these procedures shall be paid by the beneficiaries of renovations at percentage of benefiting.

(Amended fourth paragraph: 18/4/2007-5627/art.16) Thermal isolation, fuel conversion of heating system and
conversion of heating system from central system to individual system or from individual system to central system
upon request of any of the condominium owners, could only be made with the decision to be taken by majority of the
condominium owners in terms of number and share of building plot. However, conversion of heating system from
central system to individual system in the buildings with a total construction area of two thousand meter squares or
above could only be made with the decision to be taken by unanimous votes of the condominium owners in terms of
number and share of building plot. Expenses of joint works in this respect are paid pro rata to share of building plot.
Procedures and principles regarding distribution of heating expenses in central heating systems shall be regulated by
the regulation to be issued by the Ministry of Public Works and Settlement.

(Amended fifth paragraph: 18/4/2007-5627/art.16) In case it is decided for conversion of heating system from central
system to individual system, provisions in the management plan in contradiction to this decision are deemed to be
amended.
II- Those that are very expensive or luxurious
ARTICLE 43. - If the innovations and additions that are being considered as very expensive or have a luxurious
character as compared with the special conditions of the building or are not situated in places or passages to be
necessarily used by all condominium owners, a condominium owner who does not want to participate in the
expenses shall not be bound to participate. Expenses on innovations and additions of this kind shall be paid by the
condominium owners who have decided on their construction.

If however the condominium owner who has not taken part in the expenses at the beginning, or his heirs or universal
legatee, share in the building and maintenance expenses in proportion to their share of building plot, they become
entitled to take advantage of the luxurious innovations and additions.
III- Addition of independent divisions
ARTICLE 44. - In order to add a floor to the main property or to transform a recessed into a full or to build and add
subsequently independent divisions as indicated in ARTICLE 24 in the ground or the basement floor, or on the empty
parts of the building plot, it is necessary:

a)that the board of condominium owners pass a unanimous resolution to this effect,

b)that the shares of building plot to be allocated to all the independent divisions, main property, including the new
additions, be duly determined again and by unanimous resolution according to the future situation of the main
property following such building,

c)That a construction servitude be established with an authenticated instrument according to ARTICLE 14 on the
share of building plot allocated to the new independent division to be added, that such servitude be entered in the
column of servitudes of condominium ownership log of all the independent divisions of the main property and that a
connexion be established according to ARTICLE 13 with the old folio of the main property.

Condominium owners who, while approving such additions and enlargements do not wish to participate must confirm
by an authenticated instrument that they agree to their diminished share of building plot being allocated to the
independent divisions of those who have made the addition.

In this case, the new independent divisions shall be transformed into condominium ownership according to the
authenticated instrument concerning the establishment of construction servitude, provided that the value of the
reduced portion of the building plot share of the condominium owners who have not participated in the construction of
the new independent division be paid to them and becomes the property of the person or the joint property of the
persons who have built the same and is entered in the name of the new owner or owners in a separate folio of the
condominium ownership log.
G) Alienations and important questions
Article 45
ARTICLE 45. - Alienations such as the institution of an encumbrance on the main property or the division and transfer
of the separated portion to a third person or important administrative affairs such as the letting on hire of the outer
walls or of the roof of the main property for advertising purposes shall be subject to the unanimous decision of all the
condominium owners.
CHAPTER VI - End of the Condominium Ownership and of the Construction Servitude

A) End of the condominium ownership
I - Through the loss or the expropriation of the main property with its building plot
ARTICLE 46.- Condominium ownership shall end with the cancellation of its record in the Land Register.

Condominium ownership shall not end automatically following the ownership of all independent divisions of the main
property by a single person.

The entry in the Register shall be cancelled following a written application made by all the condominium owners or by
the owner of all independent divisions for the purposes of transforming condominium ownership of the main property
into an ordinary ownership and the property in question shall be entered in a new folio of the General Register,
according to the shares of plot accruing to the independent divisions, by effecting a connection with the old entries. If
alterations have been made in the character of the main property after the establishment of condominium ownership,
they shall also be entered in the new folio.

If one of the independent division encumbered by a reel right or by a personal right has been entered in the Register,
the transformation of condominium ownership into ordinary ownership and the cancellation of the entry in the
condominium ownership log may not be requested as long as the right in question has not been cancelled from the
Register with the approval of the holder of the said right.

If the encumbrance, while refusing the cancellation of the entry, agrees that the encumbrance be transferred only to
the property share of the debtor or, according to the character of the right, to all co-ownership shares, it shall be
entered in the General Register by transferring the same only on all the co-ownership shares of the debtor in the
property placed under the regime of ordinary ownership, without being cancelled from the Register.

In case of total loss or expropriation of the main building with its building plot, the cancellation of the entry in the
Register shall be made according to general legislation.

When the main property is entirely expropriated, the price of expropriation of each independent division shall be
estimated separately by taking into account also the building plot share and the annexes attached thereto and paid to
the owner of the division in question.
II - Destruction of the main building
ARTICLE 47. - Should the main building be entirely destroyed, condominium ownership on the main property shall
automatically end.

When one of the independent divisions of the main building is entirely destroyed and its owner does not have it rebuilt
within two years, the other condominium owners or some of them may request from the judge, within the year
following the expiry of the said tine limit, that the building plot share of the division in question be transferred to them
against payment of its value and in proportion to their shares of building plot. In this case the shares of plot
transferred shall be entered in the column of (Statements) of the relevant folios of the condominium ownership log.
Those who have acquired the building plot share are obliged to have the independent division rebuilt within two years
after the date of transfer or all the owners of independent divisions shall, within the same time limit, calculate again
the value of their shares of plot attached to the independent divisions according to the second paragraph of ARTICLE
3 of this law and have them entered in the condominium ownership log.

In case of non-compliance with the foregoing paragraph, the regime of condominium ownership of the main property
shall automatically end and the provisions of co-ownership shall apply to the insurance compensation collected for
the property in question or for the damaged divisions.

If several independent divisions are destroyed and the rebuilding of one division depends on the rebuilding of
another, the owners of the independent divisions which were destroyed shall inform in writing the other condominium
owners within six months after the destruction, whether they intend to rebuild or not. (Amended last sentence. :
14/11/2007-5711/ art 20) The ones who have not declared are deemed that they do not want to get it made again and
their building plot shares are firstly transferred to the ones who desire to have their divisions made in consideration of
its value.

The condominium ownership of independent divisions which have been destroyed shall be transformed into
construction servitude during the periods indicated in this ARTICLE and a transitory entry shall be made in the
column of (statements) of the condominium ownership log. When the independent division is rebuilt, it will come
again under the regime of condominium ownership and the transitory entry is cancelled.
III - Obligations of informing and cancellation of the entry
ARTICLE 48. - In case of destruction of the totality or part of the main property or of the main building, the Land
Registry of the locality where the property in question is situated is and all the condominium owners, shall be
informed thereof immediately by the manager and, in the absence of a manager, the Land Registry shall be informed
by the owner of the independent division which has been destroyed. The owner of the independent division and the
manager shall be jointly responsible, the first for the totality and the second for one fifth on the damage resulting for
failure to notify the destruction. The Treasury shall not be responsible.

When condominium ownership ends, the folios of condominium ownership shall be closed and the property entered
in the General Register according to the rules of co-ownership, in proportion to the shares of plot, by effecting a
connexion with the entry in the general Register, prior to the establishment of condominium ownership. In this case
the provisions regarding co-ownership shall apply to the insurance compensation and to the debris.

If the co-owner or the co-owners wish to rebuild under the regime of condominium ownership on the site of the main
building which has been entirely destroyed, the provisions regarding the establishment of construction servitude and
condominium ownership shall be applied.
B) End of the construction servitude
Article 49
ARTICLE 49. - The owner or co-owners of the site subject to construction servitude may end this servitude at any
time by having the entry regarding construction servitude cancelled by means of a written statement handed to the
Land Registrar.

The construction servitude shall automatically end when the building plot on which it has been instituted is entirely
destroyed or becomes unfit for building or when it is expropriated.

(Amended paragraphs: 13/4/1983 - 2814/art 14.): The judge of peace court may decide also by hearing the related
people in case of necessity to terminate construction servitude or extend the period upon the request of one of the
owners when no building is erected for a period of five years on the site, according to the plan submitted at the time
of establishing this construction servitude. This period may be extended again upon request.

When condominium ownership is terminated according to the above paragraph, the record on title deed log is
deleted.
CHAPTER VII - Final Provisions

A) Prohibitions
Article 50
ARTICLE 50.- After this law comes into force , no construction servitude may be established by one of the co-owners
of a property under the Civil Code or other laws, for the exclusive use of a division of the said property as a
condominium owner.

No condominium ownership may be established on a building which is not entirely of masonry.
B) Adaptation to the new situation
I - For the servitudes established after the Civil Code coming into force
ARTICLE 51.- (Amended first paragraph: 30/4/1969 - 1166/art 1.) The ownership of properties on which a servitude
has been established by one of the owners of a property after the Civil Code coming into force up to this Law coming
into force , for the exclusive use of a division in the property in question as a condominium owner, must be
transformed into condominium ownership and entered in the condominium ownership log up to 2nd January 1971.
Otherwise the servitude shall terminate and only co-ownership will continue.

The transformation of the ownership of the property into condominium ownership under the first paragraph and its
entry in the condominium ownership log shall be effected upon the request of one of the co-owners made to the Land
Registry on the ground of documents filed at the Land Registry and the photograph mentioned in paragraph (b) of
ARTICLE 12 of this law. In this case it is sufficient that the photograph be signed by co-owner who has applied to the
Land Registry.

The other co-owners may not object to the said transformation and not desist from sharing in the expenses and the
drawing up of the management plan. If they desist, ARTICLE 33 regarding the intervention of the judge shall be
applied.
II - For the rights established prior to the Civil Code
ARTICLE 52. - The rights established under such names as (air right, room ownership) prior to the Civil Code coming
into force shall be transformed into condominium ownership or construction servitude under this law in accordance
with the provisions indicated below, within three years after the coming into force of this law.

If there exists on the property divisions on which these rights have been established, the beneficiaries shall become,
by an agreement concluded between themselves, co-owners of the site of the property in question under the
provisions of the Civil Code regarding co-ownership, in proportion to the value of their respective divisions, without
being obliged to pay any price and shall establish a construction servitude according to the relevant provisions of the
law on condominium ownership.

If there are no building divisions, but there exists only an air right, the said right shall be automatically transformed
into a construction servitude rendering the holder thereof co-owner of the building plot under the rules of
subparagraph (a) and shall be entered in this manner in the Register.

If within three years after the date of this law coming into force , the beneficiaries do not transform their old rights into
condominium ownership or servitude, this transformation shall be effected by the Land Registry of the locality where
the property is situated, ex officio or upon the request of one of the beneficiaries, by determining the shares of plot in
proportion to the value of the separate divisions and by preparing the necessary document, according to the rules of
subparagraphs (a) and (b) of this ARTICLE and all beneficiaries shall be informed thereof.

The expenses incurred for the transformation of these rights into condominium ownership or servitude by the Land
Registry shall be paid by the Treasury and collected from the beneficiaries under the provisions of the special Law
regarding the collection of State claims.

Beneficiaries may object to the decision of the Land Registry by bringing an action before the court of the peace
within one month after the date of notification.
III - Management of the servitudes established under the Civil Code
ARTICLE 53. - Until the servitudes established prior to this law coming into force by one of the co-owners of a
property for the exclusive use a division of the property in question as a condominium owner have been transformed
into condominium ownership under this law, the provisions of this law regarding the management of the property, the
obligations of preparing a management plan, the expenses and the obligation of insurance and of sharing in the
relative premium shall be applied.
C) Situation of condominium ownership in case of co-ownership under the special law
Article 54
ARTICLE 54. - (Amended first paragraph: 14/11/2007-5711/art.21) In case of collectivization according to the
provisions of Building Code if there is a real estate which is subject to condominium ownership among the
collectivized real estates and if all owners have come to an agreement to terminate collectivization according to the
Article 46 of the Code No. 6785 on Building if this collectivization has been made before 9.11.1985 or according to
the Article 16 of the Code no. 3194 on Building if the collectivization is after this date, then the termination of
collectivization is made under the provisions of this agreement.

(Amended second paragraph: 14/11/2007-5711/art.21) If such an agreement cannot be concluded, the valid value of
each real estate before the collectivization is determined by the court of peace authorized to resolve this
collectivization according to the provisions of above mentioned article and after the nearest value of each real estate
on the date of resolution has been determined also by applying producer price index issued by Turkish Statistical
Institute it is decided that the owner of most valuable real estate is offered to purchase other real estates at this price
level. When this offer is accepted and the said amount is paid the collectivization is terminated.

If the price is not paid within one month or no bank guarantee or guarantee in kind is given within six months after the
notification of the judgment of the court having become final, the whole of the properties under co-ownership shall be
sold by auction while maintaining condominium ownership and joining thereto, if feasible, the other properties,
otherwise by cancelling condominium ownership, and co-ownership shall be ended and the sale proceeds shall be
divided among the owners in proportion to the value estimated for each property according to the second paragraph.
D)Taxes and charges
Article 55
ARTICLE 55. - The establishment of condominium ownership and of construction servitude is free of all taxes and
charges as long as it does not entail the transfer of the property to a third person. This exemption shall also extend to
the formalities of transformation into condominium ownership under ARTICLE 51, of servitudes established after the
coming into force of the Civil Code under ARTICLE 52 into condominium ownership or construction servitude .

Condominium ownership shall, after its establishment, be notified by the Land Registrar to the Municipality and to the
Revenue office of the locality where the main property is registered.
E) Situation in localities where there is no municipalities
Article 56
ARTICLE 56. - The duties entrusted to Municipalities by this law shall be discharged, in localities where there is no
municipality, by the municipality of the chief town of the province or of the district to which the locality in question is
attached and, in the localities mentioned under ARTICLE 47 of Law No. 6785, on Building, by the Municipality
concerned.
CHAPTER VIII(1) - Right of Timeshare
Right of Timeshare
ARTICLE 57. - The right to enjoy a building or an independent division suitable for use as a residence in favour of any
one of the co-owners during certain period of the year, may be established as a right of servitude based on the
shares hold in the collective property.

This right is expressly defined as the right of timeshare.

ARTICLE 58. - Unless otherwise is agreed in the deed, the share hold in the collective property is determined equally
in consideration of the number of terms and utilization period of the property.

The right of timeshare can be established only on the independent buildings in the nature of residence or those which
are transformed into condominium ownership or construction servitude.

Real right compatible with this right can be established on the collective property.

The right of timeshare can be transferred or assigned or devoted to the heirs in consideration of the shares hold in
the collective property.

ARTICLE 59. - The right of timeshare should cover the certain periods of the year and shall not be less than 15 days.
Unless otherwise is agreed in the contract, the possessor of right of timeshare may delegate others to exercise this
right.

ARTICLE 60. - When making declaration about the main property, independent divisions and independent buildings,
an annotation is entered in the land registry log indicating the establishment of right of timeshare on the independent
division or the building and this fact is also noted in the title deed.

ARTICLE 61. - The periods to be allocated to the co-owners, principles and procedures relating to utilization, transfer
and assignment of the shares hold in the building or independent division within the scope of timeshare, election of
the managers, rights and responsibilities of the managers, the period to be reserved for major repair works,
maintenance expenses etc. are determined in the term-co-ownership contract. The timeshare contract containing all
these details is enclosed to the deed after being signed by the rightful parties and an annotation on this subject is
entered in the declarations column of the land registry log. (1)This section and the articles under this section have
been added by the first article of Law No. 3227 dated 10/6/1985.

The co-owners who hold share in each building or independent division utilized as collective property must appoint,
among themselves or from outside, a real person or legal entity to act as a manager and to represent them in the
condominium owners board. The managers who are appointed according to the general provisions of this law may
also be assigned to function as the manager of the collective property subject to timeshare.

ARTICLE 62. - Unless otherwise is agreed in the management plan, establishment of right of timeshare on some of
the independent divisions transformed to condominium ownership, is not subject to consent of the owners of the other
independent divisions.

ARTICLE 63. - Unless otherwise is agreed in the contract, the co-owners of the servient building and independent
division cannot demand partition of the property.

ARTICLE 64. - At the end of the term specified in the registry log, the co-owner is obliged to evacuate the
independent division or the building in time to be delivered to the new co-owner according to the provisions of the
contract.

In case the property is not evacuated at the end of the term, it is evacuated at once by security forces with the order
of territorial governor upon notification of a co-owner to use the property or the manager by attaching the title deed
register and the agreement to his demand, without any further transaction or sending a notification. Filing of an
appeal to the administrative authorities or the court may not suppress enforcement of evacuation decision. The right
of the concerned parties arising out of the laws and the contract are hereby reserved.

ARTICLE 65. - As for the matters which are not covered by this Law, contract or management plan, the provision of
Turkish Civil Code and the relevant laws are considered in determination of the rights and liabilities, powers and
responsibilities of the co-owners and settlement of disputes.
PART NINE (1)

Special Provisions Regarding Mass Buildings

Scope

ARTICLE 66- (Inserted: 14/11/2007-5711/art 22.) Mass building refers to multiple structures which have
been / will be constructed in line with a certain certified layout plan on one or more building parcel(s) and
which are connected to each other by infrastructure facilities, common usage areas, social facilities and
services and management of these facilities.

The building parcels within the scope of mass building have to be adjacent or neighboring parcels.
However, it is not necessary for the places between these parcels which, according to the building zone
plan, have been allocated to public services such as road, public square, open space area, green area,
park, parking lot. Each building parcel within the scope of mass building is distinctly taken into account
during establishment of construction servitude and condominium ownership. However, if the mass
building includes multiple building parcels, a condominium ownership relation cannot be established
between individual parcels according to mass building provisions.

As the buildings are completed, the construction servitudes which belong to the completed buildings may
be changed to the condominium ownership.

(1)By the article 22of the law no 5711 dated 14/11/2007 the following articles have been added under
Part Nine entitled Special Provisions Regarding Mass Buildings after article 65 and articles no 66 and
67 have been amended as articles 75 and 76.

Common Places

ARTICLE 67- (Inserted: 14/11/2007-5711/art 22.) The parcels which are within the scope of mass building
and which have been allocated to common use and benefit of independent divisions within this scope are
registered into title deeds registry by writing the plot, parcel, block and independent division numbers of
other parcels within the scope of mass building to which they have been allocated and they become the
common places of independent divisions located in the parcels allocated to them.

Common social and infrastructure facilities of multiple structures within the scope of mass building are
deemed the common places of independent divisions to which they have been allocated regardless of
their parcel and structure.

Site Plans and Projects

ARTICLE 68-(Inserted: 14/11/2007-5711/art 22.) In mass buildings the locations of buildings, common
places and facilities, their use types and purposes covering whole parcel or parcels within the scope of
mass building are indicated in the site plan and projects which have been prepared according to the
provisions of building plan approved by the relevant authorities as a whole.

Arrangement, operation, and maintenance of public spaces can be undertaken by the mass building
management in case a mutual understanding has been made with the authorized public institute and
provided that the use by public is not restricted.

The issues regarding establishment of condominium ownership and construction servitude, required
documents, and transactions to be made at title deeds registry office are arranged in a Regulation to be
issued by the Ministry of Public Works and Settlement.

Management

ARTICLE 69-(Inserted: 14/11/2007-5711/art 22.) Each block of building having common places in the
main structure which covers multiple independent divisions on the parcel and parcels within the scope of
mass building, regarding its own problems and common places solely belong to it, is managed by the
board of block condominium owners constituted by the owners of independent divisions at that block. If
there are non-block structures on a parcel or if such structures and block structures are at the same
parcel, then this parcel, regarding its problems and common places solely belong to it, is managed by the
board of condominium owners constituted by the owners of independent divisions at that parcel. The
management type of blocks and non-block structures is additionally indicated in the management plan.

If there are multiple parcels on a plot then the common places of these parcels which constitute the plot
are managed by the board of plot condominium owners constituted by the owners of independent
divisions at that plot and the management style is determined by this board, save for the mandatory
provisions of law. This authority may be given to the board of plot representatives in the management
plan. Unless otherwise arranged in the management plan, the board of plot representatives consists of
the block managers who are voted by the independent division owners in each block and representatives
who are voted by the independent division owners of non-block structures. The number and selection
method of the members of board of plot representatives are indicated in the management plan by taking
the structure of mass building into account. These managers and representatives have the right to vote
as the number of independent divisions which they manage and represent.

The common places, spaces, and facilities within the scope of mass building are managed by the board
of mass building condominium owners constituted by the owners of independent divisions at that mass
building and the management style is determined by this board, save for the mandatory provisions of law.
This authority may be given to the board of mass building representatives in the management plan.
Unless otherwise is arranged in the management plan, the board of mass building representatives
consists of the block managers who are voted by the independent division owners in each block and
representatives who are voted by the independent division owners of non-block structures. The number
and selection method of the members of board of mass building representatives are indicated in the
management plan by taking the structure of mass building into account. These managers and
representatives have the right to vote as the number of independent divisions which they manage and
represent.

Management Plan and Amendment of This Plan

ARTICLE 70-(Inserted: 14/11/2007-5711/art 22.) A single management plan is arranged for the structures
and places within the scope of mass building. The management plan is binding on all condominium
owners at that mass building. To be able to amend this management plan four fifth of all votes
represented by the members of mass building representatives is needed.

The provisions of management plan regarding temporary management can be changed by the four fifth of
the votes of independent division owners at the mass building area.

Assignment of Manager and Controller

ARTICLE 71-(Inserted: 14/11/2007-5711/art 22.) Unless otherwise is arranged in the management plan, a
manager and a controller are assigned by the board of block condominium owners for the block,
condominium owners at the parcel on which are non-block structures for the common places and spaces
which have been allocated to them, and board of mass building representatives for all common places,
spaces and facilities within the scope of whole mass building.

Block manager and controller are voted by the majority of condominium owners in the block. The
manager and controller of the common places and facilities of non-block structures are voted by the
majority of the condominium owners in these structures by the number and building plot share. And the
manager and auditor of all common places, spaces and facilities within the scope of mass building are
voted by the majority of the number of independent divisions represented by the managers and
representatives who attend in the board of mass building representatives.

Participation in Common Expenses

ARTICLE 72-(Inserted: 14/11/2007-5711/art 22.) The common expenses regarding common places and
facilities which have been allocated to common use and benefit of a certain structure of condominium
owners of several structures are met by the condominium owners at these structures and the common
expenses regarding common places and facilities which have been allocated to common use and benefit
of all divisions are met by all condominium owners.

The resolutions made by block condominium owners, mass building representatives, and temporary
board of directors resolutions are within the scope of documents specified in the first paragraph of Article
68 of the Execution and Bankruptcy Law no. 2004.

Condominium owners cannot avoid from paying mass building common expense share and advance
payment to be collected declaring that they abdicate from their right of use of common places, spaces
and facilities within the scope of mass building or claiming that these areas are located on another parcel
or on public places or they do not need to use them because of the status of their independent divisions
or of their own status.

Temporary Management

ARTICLE 73-(Inserted: 14/11/2007-5711/art 22.) The management plan may anticipate to establish a
temporary board of managers to undertake the tasks and to use the authorities of board of managers, to
make required attempts and calls for the establishment of a permanent board of managers until the board
of mass building representatives is established. In this case, the management plan arranges the
provisions on the issues such as establishment procedures and task period of temporary management.
Temporary management may last by one year from the completion of mass building at the latest. This
period cannot be longer than ten years from the obtainment of first occupancy certificate within the scope
of mass building, in any case.

Other Provisions to Be Applied

ARTICLE 74-(Inserted: 14/11/2007-5711/art 22.) Save for the special provisions anticipated in this
section, all provisions within the scope of this Law are also applied to the mass buildings in the same way
or by analogy."

Competent court

SUPPLEMENTARY ARTICLE 1.(Inserted: 13/4/1983-2814/art. 15) - All the disputes that may arise during
enforcement of this law shall be settled in the court of common affairs.

Evacuation of common section allocated for use

SUPPLEMENTARY ARTICLE 2.(Inserted: 13/4/1983-2814/art.15) - Where a section is allocated to the
house-porter, central heating operator, gardeners and guards and the managers appointed from outside,
these persons are obliged to evacuate the sections allocated to them within fifteen days upon cancellation
or termination of the contracts by the condominium owners board or the manager authorized by this
board. If the place is not evacuated within the specified period, intervention of the security forces is
demanded and the place is evacuated within one week pursuant to the decision of territorial governor,
which is taken upon application of the manager or any one of the flat co-owners. In such a case, there is
no need to execute further transaction or to send a warning notification. The filing of an appeal to the
administrative authorities or the court may not suppress enforcement of the decisions taken in this
respect. The rights of the concerned parties arising out of the laws and the contract are hereby reserved.

Special provisions covering more than one building

SUPPLEMENTARY ARTICLE 3- (Inserted: 13/4/1983 - 2814/art 15.; Abolished: 14/11/2007-5711/art 24.)

Transformation to construction servitude

SUPPLEMENTARY ARTICLE 4. - (Inserted: 13/4/1983 - 2814/art 15) Where a plot is jointly acquired by
five or more persons to construct a building (s) and in case of opposition of 4/5 of the shareholders to the
decision taken for transformation to construction servitude, the court may decide cancellation of the
shares of the opponent shareholders in the property and registration of these shares in the name of the
other shareholders willing to purchase these shares under the following conditions:

a) If it is proved that the collective property is acquired for the purpose stated above,

b) If not complied to the decision for transformation to construction servitude by the majority stated above,
or failed to fulfil the liabilities in this respect within two months despite the notification sent by the notary
public.

If the current value of the shares of the co-owners opposing the court decision is deposited in the cash
office of the court as determined by the court.

PROVISIONAL ARTICLE 1-

PROVISIONAL ARTICLE 1 -(Inserted: 14/11/2007-5711/art 23.: Amended: 23/6/2009-5912/4 art.) In the
building on which construction servitude has been created before this Law entered into force and which
has been issued with occupancy permit upon completion thereof, change to condominium ownership will
ex-officio be done upon application by one of the shared owners, and having the occupancy permit sent
to the land register by the competent authority, without any need for any other documents including the
compulsory earthquake insurance coverage.

Date of enforcement

PROVISIONAL ARTICLE 2.- (Inserted : 23/6/2009-5912/4 art.) For the first amendment of the
management plans of the apartment blocks, which had been built before the validity date of this Law, for
adaptation to this Law, the absolute majority of the existing shared owners committee shall be sufficient.
The existing apartment block managements will continue to perform their duties until the new
administrators are elected according to the amended management plan. Elections for the administrator of
the apartment block shall be held latest within three months after the amendment of the management
plan.

ARTICLE 75. - This law shall come into force six months after the date of its publication.

G) Body in charge of enforcement

ARTICLE 76. - The provisions of this law shall be enforced by the Council of Ministers.

PROVISIONAL ARTICLES WHICH HAVE NOT BEEN ENTERED INTO THE LAW NO 634 DATED
23/6/1965

1)Provisional articles of the Law no. 2814 dated 13/4/1983

Construction servitude right which have not been deleted:

PROVISIONAL ARTICLE 1-If construction servitudes related to the buildings which have not been
completed on the building plot to which is referred in construction servitude, within the specified time
before the enforcement of this Law, the provision of article 49 which has been amended by this Law is
applied.

Files brought before:

PROVISIONAL ARTICLE 2-Files brought into by civil court of first instance before the enforcement of this
Law due to conflicts resulting from the Law on Condominium no. 634 shall be settled by the same courts.

2)Provisional article of the Law no. 3370 dated 5/2/1992:

PROVISIONAL ARTICLE-The authority to pass decree laws entitled to the Board of Ministers through the
Law on Authority Related to making Amendments in Some of the Laws on the Use of natural Gas shall be
valid until the end of the time granted by the said law on Authority for the Law on Condominium no. 634.

3)Provisional articles of the Law no. 5711 dated 14/11/2007

PROVISIONAL ARTICLE 1- The Regulation which should be arranged in accordance with this Law shall
be arranged in six months from the effective date of the Law.

PROVISIONAL ARTICLE 2- Even there is not a management plan at the buildings whose construction
servitudes have been established before the effective date of the Law no. 2814 and dd. 13/4/1983, the
condominium ownership is established according to the provisions of Article 12.

PROVISIONAL ARTICLE 3- The management plans of mass buildings established before the effective
date of this Law shall be adapted to the provisions of this Law in six months from effective date. For any
change to be made in the management plan for consistency with this law, the majority votes of existing
board of condominium owners shall be sufficient. Existing mass building managements continue their
tasks as temporary managements until the management plan is changed and manager is assigned in
accordance with this new plan. The manager of mass building is voted in three months following the
change of the management plan.

(1) Article 57 related with the Date of enforcement has been remunerated as 66 and article 58 related
with Body in charge of enforcement has been remunerated as 67 by the first article of the Law no. 3227
dated 10/6/1985.

(2)Articles 66, 67, 68, 69, 70, 71, 72, 73, 74 have been added under Part Nine entitled Special
Provisions Regarding Mass Buildings after the article 65 and articles 66 and 67 have been amended as
articles 75 and 76 by the article 22 of the Law no. 5711 dated 14/11/2007.

http://www.turkpropertylaw.com/index.php?p=law







Overview
The procedures and legislation covering the purchase of property in
Turkey differs from that in the United Kingdom and the safeguards that
you may rely on in the UK may not exist in Turkey.
Foreigners require military permission before being able to purchase
property. This can cause a delay in the whole process and you should
allow a period of 3 weeks, though in individual cases the time can be
shorter or longer. There is no way around this requirement and attempts
to circumvent the process can lead to financial loss and you may still not
get the property you wanted to purchase.
You are strongly recommended to obtain the services of an independent
lawyer before committing yourself to purchasing property or paying a
deposit or the propertys full costs. We define independent lawyer as
one who has no connection with either the seller or an agent of the
seller: an agent can be an estate agent or anyone acting on behalf of the
seller.
Property deeds
The deeds for all properties are lodged with the local District Land
Registry Office (Tapu ve Kadastro Mudurlugu). All sales of property must
be lodged with the Tapu Office, as the sale is not complete or legal until
you visit the Land Registry Office with the seller. The seller should be the
existing owner or their legal representative. You should both sign the
agreement and you should then be given your title deeds.
Enquiries checklist
You should make some practical enquiries before committing yourself to
a purchase. You can ask your lawyer to conduct some of these enquiries
but make sure you are satisfied before committing yourself.
Some suggested areas for your enquiry:
does the seller own the title deeds to the property?
have the deeds been offered as collateral for any loans?
does the owner have outstanding utility bills, local tax demands, etc
that you may be liable for on purchase of the property?
talk to other property owners in the area or on the development. Are
there any issues you should be aware of before purchasing (such as
floods in winter, lack of water or electricity supplies in summer, etc)?
if buying brand new, or partially built, from a developer, do title deeds
for the property in question actually exist?
does the developer own the title deeds?
has the developer used the title deeds for the land or properties as
collateral for loans?
ask the developer to show you some projects that s/he has completed.
Talk to owners of properties on these developments to see if they had
any problems
does the developer have outstanding commitments to utility suppliers
to bring water, sewage, electricity etc to the development ?
having made all your enquiries, are you satisfied in your own mind that
you can go ahead with the purchase of the property in question
without encountering problems? If not, make more checks.
Further information
Useful websites for prospective Turkish property buyers:
Turkish Head of Deeds Office
Turkish Ministry of Foreign Affairs
Turkey All Estates Consultancy Federation
Turkish Ministry of Interior
Disclaimer
While we hope that this information is useful, please be aware that it is
not intended to be the only guidance for prospective buyers to follow
when considering making a purchase. In addition, we make no
representation as to the quality or accuracy of the information which is
available at the web addresses listed in this guide, nor can we accept
any responsibility for the content that is hosted on them. We strongly
recommend that prospective buyers of property in Turkey seek
independent legal and financial advice at all stages of their purchase.
Please note that the British government cannot become involved in
private legal disputes, provide legal advice or assistance or investigate
crimes. If you experience problems involving the purchase of property in
Turkey you are recommended to engage a lawyer to act on your behalf
and to seek legal redress through the courts or, if necessary, to lodge a
complaint with the police of public prosecutor.
Guide to Buying Property in Turkey

The buying process in Turkey
The main reason that properties in Turkey are so cheap is the immaturity of this market with no
competitive mortgage market, as yet, for nationals let alone foreign buyers (to find out more about
the current options, see How to finance your property purchase below).
This means that most sales in Turkey are cash sales - where the purchaser pays a deposit, followed by
an interim payment and a final payment on completion (for off-plan purchases, the buyer is usually
required to put down a larger sum pre-completion).
Protect your investments
Since the cash payments are made to the vendor, the buyer must have guidance from an agent and
an independent lawyer to ensure everything is in order. The solicitor will draw up the sales agreement
and check the title of the property to ensure the vendor actually owns it. They will also check whether
there are any charges on the property, that building licences and permissions are in order, and that
any terms and conditions from the vendor are fair and reasonable.

UK buyers often look for translated sales agreements from a legal translator, so each party fully
understands the others expectations.

Fees are usually paid once the sales agreement has been signed, to include deposit, legal fees and
agency fees. Solicitors fees can range from 350 - 2,000 depending on whether local
professionals, your own lawyer, or both, are retained - while agents charge around 3% (to the buyer
and seller). Legal translators charge around 100 and notaries will charge about 90 for Power of
Attorney and a translator.
Military clearance
The paperwork is then sent off to the title deeds office (for the transfer of title) and they will send the
passports/ID cards and title deeds (or Tapu) off for the military check to make sure the property is not
within a certain radius from a Turkish military base. Since this can take from 2-3 months (or more due
to the recent suspension of the Land Registry Act), some buyers decide to give the local solicitor a
Power of Attorney to sign for the release of the deeds once they have been authorized (some agents
offer this Power of Attorney service but an independent lawyer is more advisable).

At this point, the release of the title deeds is signed in the presence of a notary (again, this can be
done in absentia through Power of Attorney) and you will usually have to pay the balance due on the
property - as well as various taxes and fees. These fees/taxes are listed below (please note that they
will vary depending on location):
Buyers tax: Between 1.5% and 3% of the sale agreement price
Government tax: From 150 - 750
Property tax: Based on property type and location, it is approximately 0.5% to 0.6% of the
property price (paid yearly)
Utility connection fee: Based on property type/location, between 300 and 500
Earthquake insurance: Since much of Turkey is in an earthquake zone, this insurance is
required by law and depends on property price and location
Other costs will include furnishings (white goods, soft furnishings, etc) and for complexes
there are maintenance costs of about 50 a month
Turkey enjoys a bilateral agreement to avoid dual taxation for UK buyers, but taxes are still
determined by local authorities. The majority of property ownership is freehold, to include land as well
as property, but there are some restrictions on title that buyers should be aware of (see The law of
the land in Turkey below).
Promising a low cost of living, as well as cheap property with good growth potential, Turkey could
become a key market for retirees. Those who plan to stay in the property for more than three months
will need to leave the country and re-enter to re-new their visa - although property owners living in
Turkey can buy a residency visa for one year (from 240 or 915 for five years). Those looking to set
up a business will still need to apply for a residency visa and work permit.
Still seen as an emerging market with a lot of promise, Turkey fulfils much of the criteria for a range
of buyer types. Its worth bearing in mind, though, that the climate will vary in the north and south
with much colder winters in the north. This should inform your choice of property and location based
on whether you are looking to emigrate, retire, let to tourists or professionals or buy a holiday
home. Back to Top ^
How to finance your property purchase
A key reason why property is so cheap in Turkey is the lack of an established
and competitive mortgage market. Domestic mortgage products were introduced by Turkish lenders
last year but nothing is currently available for foreign buyers as yet. However, while there are still a
number of options available to people who want to buy in this market, purchasers should be aware of
the current regulations to ensure they do not expose themselves to unnecessary losses.
First of all, current regulations state that any monetary transaction which exceeds YTL8,000 (or
3,000) must be made through banks, private financial agencies or the post office (PTT). This is to
ensure all transactions are documented, thus providing clear proof in the event of a dispute.
Although it is possible to pay in sterling, US dollars or euros, it is often recommended that the
currency is converted to New Turkish Lira (YTL) and price terms in the contract are set in this currency
to reduce conversion errors (thus avoiding any tax evasion complications). However, it is possible to
open accounts in any currency in Turkey and there are no limits on foreign currency accounts.
A key thing to remember with savings/deposit accounts in Turkey (where interest is paid at the end of
the savings term) is that if the money is withdrawn before the end of the term then no interest is paid
and you only receive the principal. Many Turkish banks will automatically set another savings term if
the money is not withdrawn at the end, so its worth checking whether this is the policy (they would
usually repeat the period renewal and apply current interest rates to the accumulated amount as the
new principal).
Back to Top ^
Getting Started Buying in Turkey
To open a bank account in Turkey in your own name you would need to get a tax number from a local
tax office and then submit it with a copy of your passport to the appropriate bank branch. Due to strict
banking regulations in Turkey, no one else will be able to withdraw money or view details about your
account unless they have Power of Attorney or are a joint account holder.

While Turkish citizens and foreign nationals have equal ownership rights, some provisions of the Title
Deeds Law became void on 26th July - thus suspending all property buying transactions by foreign
nationals. However, a new Act has since been approved and announced in the Official Gazette
(see The law of the land in Turkey below).
Sourcing finance for Turkish Property
A new mortgage law is also expected, with many predicting that lenders will enter the market by the
middle of 2006. Historically, mortgage loans to non-nationals have been scarce or unattractive with
low loan to values (LTVs), high rates and low terms on repayment only products (usually five years).
This means that the best option for foreign buyers is either savings or by remortgaging an existing
property at home (those opting for the latter option should account for possible delays in securing
funding in the UK as it can take up to two months, although a good broker should be able to speed
things up).
Nevertheless, a number of economic reforms are likely to provide impetus for a mortgage market in
Turkey. Lower interest rates have created a borrowing boom in Turkey, with banks seeing more credit
card business. It is hoped that this cultural change will drive further demand for mortgages and make
them a mass market option for Turkish nationals.
Inflation has settled down in Turkey with consumer prices increasing at 7.72%, which is below the 8%
official target for 2005 and the lowest for the last 37 years. The government economy taskforce
recently announced its target for 5% inflation this year, and 4% for 2007 and 2008 all of which will
improve confidence in its business community.
Foreign buyers themselves are creating new economic conditions by raising property values and
feeding the economy by creating new service industries or buying new products. As the price of
property rises beyond domestic affordability, mortgages will become the only option for Turkish
nationals.
Finally, a major factor for the introduction of a more competitive mortgage market is preparation for a
more regulated environment as part of the ongoing negotiation for entry into the EU - although this is
due between 2014 and 2020. In the meantime, mortgages are more likely to be introduced as a result
of domestic market forces.
Back to Top ^
The law of the land in Turkey
On 14th March 2005, the Turkish Supreme Court overturned Article 19 of the new Land Registry
(Tapu) Act which permitted foreigners to buy in village areas of Turkey rather than just on coastal
developments. It also allowed foreigners to own more than 30 hectares of land in Turkey. The same
law eased restrictions on foreigners inheriting in Turkey and on the various secondary rights like
granting and taking mortgages.
The main reason for this u-turn on foreign ownership was concern expressed by the Main Opposition
Party that too much land was being sold off to foreigners. After a three month transition period
following publication of the decision in the Official Gazette, the relevant provisions of the Tapu Act
became void and property buying transactions by foreign nationals was suspended on 26th July 2005.
This freeze has created a huge backlog of transactions awaiting official approval and, while the
process should take no more than 2-3 months, it may be some time before the process returns to
normal (there is always the option of setting up a Turkish company to get around the delay but there
are set up and administrative costs associated with this).
On 7th January 2005, a new act was announced in the Official Gazette, thus restoring the right of
foreign buyers to own property in Turkey. The new law, which is almost identical to the previous act,
will cover all applications made from 26th July last year.
There are some restrictions under the new law, with land purchases limited to 2.5 hectares (or 30
hectares with Cabinet Office approval) - although this has not been aimed at foreign buyers or
investors in the main tourist areas.
Back to Top ^
Typical costs buying Property in Turkey
Anyone from countries with reciprocal agreements for the purchase of land
and property can buy in Turkey with all taxes and duties paid in Turkey recognised in the relevant
country of origin. Typical costs when buying property in Turkey include the following:
Stamp duty (3% of sale price, with 1.5% paid by the buyer and seller)
Capital Gains Tax (not payable by private purchasers if it is not sold within the first four years)
Personal income tax (based on rental income and capital gains)
Corporate tax (a company is exempt from any corporate tax as long as it has been held for at
least two years)
Real estate tax (an annual charge, similar to UK council tax, which is 0.3% for uncultivated
land for development and 0.1% for residential buildings although it can be double in some
Turkish provinces)
Inheritance and succession tax (check with a/your lawyer to make sure your will, drawn up at
home, is required in a Turkish court and the tax implications for the heir if the property is
sold)
Environmental tax (taken as part of water utility bills)
Earthquake insurance (compulsory and at a nationwide contribution rate)
For those who wish to develop land, permission must be sought from local authorities and proposed
building specifications must be in line with official Construction Plans. Since the building owner is liable
for any injury caused by the property due to poor construction, negligence or misuse, home insurance
is recommended. The threat of earthquakes also means that buildings must be constructed according
to a regulated standard.

It is important to check whether there are any outstanding debts attached to the property such as
real estate or utility taxes - as the new owner will be liable for them (a specific clause can be added to
the sale agreement, however, to clarify that the vendor will still be liable). It is also worth double-
checking land registry details to make sure the property is not owned by more than one person and
the address of the property matches that on the title deeds.

For anything relating to ownership, it is recommended that foreign buyers seek the advice of an
independent lawyer to clarify terms on a standard Tapu or title deed.
Some of you will have heard of the new bill recently passed regarding the Turkish property market, or
more specifically regarding which nationalities can buy property in Turkey.
When the Turkish property market was first opened to foreign buyers in 2002, foreigners were allowed to
buy only in a few zones. And because of the so-called reciprocity clause, only those from countries that
allowed Turks to buy were allowed to buy in Turkey. The zones were then dropped in 2005, but
reciprocity remained.
In May this year, the Turkish government passed a bill putting an end to reciprocity and potentially
opening up the Turkish property market to nationals from hundreds more countries.
However, it wasnt a blanket end to reciprocity allowing everyone to buy property in Turkey; the
government said that it would publish a new list of nationalities that would be allowed to buy in Turkey
under the new legal system.
Since Aug. 6, nationals from 183 countries have been allowed to buy in Turkey, although there are some
restrictions, including countries that share a border with Turkey, which apply mostly to border properties.
The law also increases the amount of land foreigners can purchase in Turkey without needing special
permission from 2.5 hectares to 33 hectares.


Some Big Hitters
Nationals of Russia, China, and India were all banned from buying in Turkey because of reciprocity but
are now allowed to buy under the new law. Although Chinese and Indian buyers will need approval of the
Turkish Domestic Affairs Ministry, and Russia cant buy in Turkish cities near the Russian border,
incoming buyers from these three emerging economic powerhouses are expected to add millions in
revenue to the Turkish property market. But by far the biggest sales boost is expected to come from the
newly-allowed-to-buy Gulf Arab states of UAE, Saudi Arabia, Yemen, Lebanon, Libya, Kuwait, Qatar,
Jordan, Egypt, and Bahrain.
Arabs like to vacation and invest in other Arab states, and failing that, in Muslim countries.
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Thus, the Arab Spring protests that shook the Arab world effectively took a scythe to Turkeys competition
for Arab tourism and investment. Egypt is a prime example; it had been one of Turkeys main competitors
for Arab and international tourism before the Arab Spring, but the Arab Spring deposed the government
and left an unstable power vacuum, which was unsafe for family holidays and unappealing for investment.
At the same time, Turkeys popularity in the Arab world was being increased even further because of its
firm stance on Israel over the recent Flotilla incident in the strip. The fact that the Turkish government had
spent the 18 months prior to the Arab Spring increasing relations with nations around the world, including
the gulf, and that this led to many visa-free travel deals between Turkey and Arab states, including Syria,
Jordan, Lebanon, and Libya, has all helped to increase Turkeys popularity in the Arab world. As a result,
it is expected that the Arab nationals newly allowed to buy property in Turkey will add $2 billion per year in
additional revenue to the property market.
Already Breaking Records
The new law didnt come into effect until the new list was published Aug. 6, but the latest data from the
Turkish central bank shows that foreign purchases of Turkish property in May completely smashed
previous records.
In May, foreign buyers purchased $1.1 billion dollars worth of property in Turkey, some 4 times the total
amount purchased in the whole of 2011 and a new record for monthly sales.
This was before Turkey opened its doors to any additional nationalities, and indeed most of the buyers
came from within Europe. It is thought that they plan to sell the properties on now that the law is passed.
Those Not on the A-List
But it is not all peaches and cream, as many nationals were still left facing severe restrictions on
purchasing property in Turkey, and others remained banned altogether.
Although on the list, Greek nationals are banned from buying in its bordering areas, all shore cities, and in
Istanbul (28 cities in total). Azerbaijan (Nahcivan), Bulgaria, Iran, Iraq, and Georgia are in the same boat
when it comes to inability to buy in their border cities. Nationals of Palestine, Seychelles, Iran, and Iraq
are in the same boat as those from China in that they need approval of Turkish Domestic Affairs Ministry.
Meanwhile, Iranian citizens must not have any UN sanctions against them and Iraqis must get permission
from both Domestic Affairs and Foreign Affairs Ministries.



Change in Turkish property law brings
unwelcome hiatus

Tuesday, 19 J une 2012
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Important update: Turkish parliament recently brought in some significant changes to
property law, which are designed to make it easier for foreigners to acquire property.
Ironically, the introduction of these changes has created a temporary problem, which
means that for the time being at least, no property may be sold to a foreigner.
In this article we explain what's going on.
Reciprocity requirement dropped
Hitherto, Turkish property law, in so far as it related to foreigners, was based upon the principle of reciprocity. In
other words, foreigners could buy property in Turkey, if their country allowed Turkish people to buy property. This
requirement has now been relaxed.
For British nationals, this change makes no difference, as they were already permitted to buy property in Turkey.
However, for foreigners from some countries - notably from Arab countries and Russia, this relaxation opens up the
prospect on getting into the Turkish real estate market.
The new laws also open up the possibility of foreigners buying more land. Previously, there was a cap of 2.5
hectares per individual*, but this has been increased to 30 hectares, and upon application to the Council of
Ministers, the limit may be increased further, up to a maximum of 60 hectares. The law restricts the overall
purchase by foreigners, to 10% of the total area of a town/city.
* In fact the "individual"may be a foreign person or a foreign company.
So why the ban on sales?
Under the provisions of this new law, the Turkish government must now decide which of
the 89 countries, whose nationals were previously barred from owning property in Turkey,
may now be added to the list of countries, whose nationals can buy property.
The problem is, that until this list has been agreed, the sale of property to foreigners has
been completely stopped. Nobody knows exactly how long this hiatus will last, which is
unfortunate, if you are on the cusp of buying your property in Turkey. But things will
eventually get back to normal.
Important update: The temporary suspension of sales to foreigners ended on 6th August 2012.
Military clearance
One other bit of good news from this latest change in the law, is that by May 2013, it will no longer be necessary to
wait for a military clearance search. This is because the Turkish military are to provide tapu (title deed) offices with
detailed maps, showing any restricted areas. So a simple check against this map, is all that will be required in future
- thereby saving time.
2B land - forestry land
You may have heard of "2B land". In simple terms, this is land that is in the countryside,
which was formerly classified as forestry land.
There is a longstanding problem with 2B land, in so far as many people have built property
in these areas, contrary to existing Turkish law, (with no tapus being issued). A new law, passed in April 2012, aims
to resolve this historical problem, by officially opening up 2B land for construction, for the first time.
Some foreigners have property on 2B land, having paid the "landowners", and despite not having a tapu, they see
themselves as the rightful owners. To put it mildly, this is a legal minefield. However, with the passage of this new
law, they now have an opportunity to regularise the position, and get a tapu. But there is
a price to pay.
Payment to the Turkish government
Because this is, and always has been, forestry land, the Turkish government, not
unreasonably, would like those who claim to "own" a piece of it, to pay them for it.
So in addition to any private payment they may have already paid, 2B "owners" must now
make a second payment to the Turkish government. The government will come up with an
official valuation of the land, and 2B "owners" will be required to pay a sum equal to 50% of the official valuation, if
they pay up front.
Alternatively, the can pay 70% of the official valuation, if they choose to pay by installments.
If you are affected by this change in legislation, we suggest speaking to your local tapu office as soon as possible.
The Turkish government expects to collect around $15 billion in
revenue from the sale of these forestry lands.
The property market
So what will these changes mean for the property market in
Turkey? Well, in theory, opening up property to new buyers,
(especially Arab and former eastern bloc nationals), should increase
demand.
And as any A level economics student will tell you, where there is
increased demand, prices go up. That's the theory anyway.
But in practice, Turkey is not one big, homogenous property market. I t comprises lots of different niche markets, all
with their own subtle differences and peculiarities.
Over recent years, the Kalkan property market, in terms of foreign buyers, has been dominated by the British.
However, this dominance is being challenged by relatively new entrants to the Kalkan scene, including Russian
buyers. Under these revised laws, it will be easier for Russians to buy property here - for example, they will no
longer need to have residency.
If more Arab and Russian nationals decide to buy in Kalkan, you can expect to see prices rise at the luxury end of
the property market. To some extent, this is already happening.
Perhaps this will have a knock on effect on the rest of the market, and help to maintain Kalkan's up-market image.
Who knows? Only time will tell.
Beware Turkish Inheritance Law When
you Buy Property in Turkey
Turkish inheritance law is very complex and not particularly attractive for
expats who own property in Turkey, so be careful of it and make a will!
You're here: Home Property Abroad Property in Turkey Beware Turkish Inheritance Law When you
Buy Property in Turkey
If youre planning on living in Turkey, or buying property in Turkey, you need to be aware of
Turkish inheritance law.
With a view to eventually joining the European Union, the Turkish legal system has now been
integrated with the continental European system incorporating elements from the Swiss, German,
French and Italian codes, however expats living in Turkey do need to be aware of the differences in
inheritance law, as do those who purchase immovable property in the country.
The main principle regarding property is that the property is regulated by the laws of the country in
which it is located. This means that if you own property in Turkey, Turkish law is the applicable law
when it comes to you shuffling off this mortal coil. And you might be a little surprised to learn that
the laws of succession in Turkey differ significantly from our own in the UK.
If you die without having made a will and you are married, then your Turkish property will be split up
along the following lines:- if the property was in joint names your spouse will retain 50% of the
property. The first statutory heirs are any children of the deceased and they would receive the other
half of the property. If there are no children, then the parents of the deceased and their offspring i.e.
brothers and sisters of the deceased, would receive the estate. If the parents are dead then the
grandparents and their offspring are the statutory heirs.
So, if you and your spouse buy a property and put it in joint names, the best that can happen is that
your spouse gets 50% of the house when you die. The other 50% could be divided multiple ways
and force the sale of the property in which your poor bereaved partner was hoping to remain living.
Not ideal really.
If the spouse is included with the children in sharing an inheritance then they have a statutory share
of 25%, if they are sharing with the parents that moves up to 50% and if they are sharing with the
grandparents 75% of the estate will be theirs. If the deceased has no surviving next of kin then the
spouse receives everything and if there are no surviving heirs then the government gets to keep
your property in Turkey.
So basically you need to draw up a will in the form specified by the Turkish Civil Code if you want to
bequeath a property in Turkey, as a foreign will which does not comply with Turkish law may be
invalid. In order to make a will in Turkey you need to be of sound mind and over 15 years of age,
and wills disposing of property in Turkey can be made on an official form, handwritten or orally
before a public notary or a Justice of the Peace. A holograph is then written in the testators
handwriting and given to a court or public notary for safe keeping.
Be aware as well that if you have decided to give your Turkish property to your secretary or gardener
and not your spouse before you die and the dispositions exceed the reserved portions in the Turkish
Civil code, then it is likely that your dispositions will be reduced.
Children can inherit property in Turkey while both parents are alive, provided the parents are married
and the parents or an appointed third party can then manage the property. As you can tell, the rules
and laws are complex and favour the protection of the extended family. To that end we would say
two things, firstly you have to have a will if youre thinking about moving to Turkey or buying a
Turkish property, and secondly as an expat or someone who holds assets in more than one country
you need to make sure that your will covers all jurisdictions. To learn more about expat wills and
how to write them properly see our earlier article When Will You Sort Out Your Expat Will?

urchase of Real Estate by Foreigners in Turkey
By Eda Coar
ADMD Law Office, Istanbul TURKEY
In the past decade purchasing property in Turkey became very popular through holiday home
owners and investors worldwide. The first time that it was permitted to foreign buyers to purchase
real estate in Turkey was in the year of 1934 with the Property Act. At the present day the real estate
market in Turkey is developing and becoming one of the prominent markets among the
Mediterranean countries. The main purpose of this brief article is to explore the legal structure and
the procedure of purchasing real estate in Turkey for foreigner.
The Legal Structure for Foreigners to Purchase Real Estate in Turkey:
Acquisition of a real estate in Turkey by foreign real persons and legal persons is regulated by the
Statute No: 7782, dated July 3, 2008 and the Article 35 of the Property Act No: 2644.
Foreign individuals are permitted to obtain real estate in Turkey, that is to be used as a business
office or as a residence and that is registered within the building development scheme or the
localized building scheme, on a basis of reciprocity and in accordance with the legal requirements.
The same conditions are in demand for the establishment of limited title related real rights.
The surface area of the real estate and the limited real rights which have the attributions of
permanency and detachedness, that a foreign real person is permitted to obtain, cannot exceed 2,5
hectare. The Council of Ministers is authorised to determine the areas, that the foreign real persons
and legal persons cannot purchase considering the national security and public interest because of
the attributions of strategic importance, flora and fauna, irrigation, energy, agriculture, mine
resources, belief and culture, on a proposal of the related public institutions.
On the basis of districts and counties, the foreign real persons can purchase up to the 10% of surface
area of the real estate that is registered within the building development scheme or the localized
building scheme and the Council of Ministers is authorised to determine a different percentage not-
to-exceed such 10% percent.
Although there are minor exceptions for refugees and individual lacking citizenship, the general
permission for foreign real persons is dependent on the main condition of the principle of
reciprocity. Accordingly only the citizens of a foreign state that acknowledges the rights of Turkish
Republic citizens and legal entities established in Turkey to purchase property are provided the same
rights with equal conditions in Turkey as well in accordance with the Turkish Law. General
Directorate of Real Estate announces the lists of reciprocity between Turkey and the other States for
this purpose. The reciprocity principle has not been changed since the date that the Property Act was
first came into force. However, the list of the countries that entered into the agreement of reciprocity
with Turkey has been fluctuant. These lists are renewed, when the states authorise by the
agreeements with Turkey to obtain real estate on reciprocal terms or their actual legal practice allows
Turkish citizens the same rights.
As per Article 35 of the Property Act, the trading companies, that have legal personalities and are
established in foreign countries according to foreign statutes, are permitted to obtain real estate and
limited real rights on a real estate pursuant to special statutes. The relevant special statues are;
1. Law No: 2634 for promotion of tourism
2. Oil Law No: 6326
3. Industrial Zone Law No: 4737
The Statutable Restrictions:
In addition to reciprocity limitations the following limitations apply:
1. According to the limitation concerning the area, the complete area, which is under the
ownership or officially under use of a foreign legal personality, is not allowed to exceed 25,000
m2. In addition to this limitation; in each area, the foreign individuals cannot own in excess of
0,5% of the whole area of this region.
2. According to the limitation concerning the reciprocity principle; a foreign individual is allowed
to purchase a property within the borders of Turkey only if the country, that the purchaser has
the citizenship of, gives Turkish citizens the official authorization to obtain property under the
equal conditions within its borders.
3. The military exclusion and security zones and the zones that have a strategic importance
pursuant to its agricultural qualities or the qualities related to energy resources are also
appertained to legal limitations.
4. The States cannot obtain real estate within the borders of Turkey other than for the purposes
of embassy and consulate use based on international agreements.
Acquisition of Real Estate in Turkey by Syrian Citizens:
The real properties in Turkey that belong to the Syrian citizens, are the acquisitions in the time
period before annexation of Hatay to the borders of Turkey in the year of 1939. After this date,
acquisition of real estate in Turkey by Syrian citizens is allowed only with Court decisions and legal
succession with the determination of cadastre.

Furthermore, since the year of 1966, Syrian citizens have no power of disposition as a proprietor on
their real properties in Turkey that are under the administration of Turkish Treasury. According to a
specific Statute titled Mukabele-i Bilmisil, the authority to administrate the real properties of
Syrian citizens belong to the Finance Ministry.
Acquisition of Real Estate in Turkey by Greek Citizens:
The citizens of Greece are not permitted to procure landed estates that are in coastal or border areas,
if they are not the hereditary proprietors. Acquisition of real estate in other areas within the borders
of Turkey is possible for Greeks in accordance with the standard legal restrictions. The Greeks who
are of Turkish decent, are permitted to acquire real properties in every area within the borders of
Turkey except military and safety zones.
Acquisition of Real Estate in Turkey by Israel Citizens:
The real persons who are the citizens of Israel, are permitted to acquire real properties in Turkey
only if they posess a residence permit valid for 6 months prior to such transaction based on
reciprocity.
Legal Structure of Obtaining Real Estate by Turkish Enterprises with
Foreign Capital:
The acquisition of real estate by enterprises with foreign capital participation is regulated by Article
36 of the Property Act No: 2644 that was created by the Statute No: 5782, dated July 3, 2008.
Accordingly, the enterprises with foreign capital participation are permitted to acquire real estate or
limited rights on a real estate in Turkey to carry out the activities that are specified in their Articles of
Association. The same principal is valid for the transfer of the real estate to another enterprise
established in Turkey with foreign capital participation and for the transformation of a company with
national capital to a company with foreign capital participation through the share transfer.
Except for the provisions of Closed Military and Safety Zones Law No: 2565, dated December 18,
1981, the acquisitions of the enterprises with foreign capital participation in closed military zones,
safety zones and the areas that have strategic importance are subjected to permission of Turkish
General Staff and its authorised commandership. If this prior evaluation is affirmative, Governorship
finalizes the application subject to the opinion of City Directorate of the Ministry of Industry and
Commerce regarding the companys field of activity determined in its Articles of Association.
The acquisitions in private safety zones are subjected to the permission of the governorship. The
particularities that are dependent on the authorization of governorship are determined by the
commission of the agents of governance considering the security of country and the convenience of
the activities specified in Articles of Association.
In accordance with Regulation Regarding Acquisition of Immovable Properties by Companies with
Foreign Investment published in Official Gazette No: 27052 at November 12, 2008, for the
acquisition of real estate by aforesaid companies, it is necessary to apply to the Governorship that
will evaluate the application. Outcome of the evaluation will be decisive in fulfillment of requests.
According to Article 4 of the Regulation, companies that intend to acquire real estate property
ownership and/or limited real property rights in Turkey shall apply to the City Planning and
Coordination Department of the Governorships of the region that the property is located at along
with the information and documents below:
a) An application petition regarding the purpose of inquiry and with the details of the real estate
property;
b) A certificate of authority proving that the company is authorized to transact for the purposes of
real estate and showing the authorized representatives of the company;
c) The name of the tax office that the company is registered to and the tax number of the company;
d) A certificate to be obtained from the Chamber of Commerce that the companys headquarters is
registered to showing the field of activity of the company stated in its Articles of Association and the
names, titles, citizenships and shareholding ratios of the shareholders;
e) The notarized translations of the identification certificates of the foreign private individual
shareholders and Certificate of Activities of the foreign legal entity shareholders that are approved by
apostile procedure subject to Hague Convention October 5, 1961 or by Turkish Consulates;
f) The names, identification certificates and addresses of companies directors;
g) The balance sheets of the company for the last three years (if existing);
If the application of the company is for limited real property rights then documents stated in sub-
paragraphs e), f) and g) items are not required to be submitted.
Following the application for acquiring real estate property, Governors office requests written
evaluations from:
a) City Directorate of the Ministry of Industry and Commerce whether the real estate property
acquisition inquiry is confirming with the field of activities of the company, the directorate shall
answer to this inquiry by the Commission within 7 days;
b) General Staff of Turkish Army or its authorized Local Command whether the real estate in subject
is located at forbidden military zones, or restricted military security zones and/or in strategic zones
and if so, whether such inquiry could be allowed for or not, the General Staff or the Local Command
shall answer to this inquiry by the Commission within 30 days;
c) General Directorate of Police whether the real estate in subject is located at private security zones,
the Police Directorate shall answer to this inquiry by the Commission within 20 days, however if the
real estate is located in the private security zones, the determination of whether such inquiry could
be allowed for or not remains on the discretion of the Commission.
The content of this article is intended to provide a general guide to the subject matter. Legal advice
should be sought based on specific circumstances.

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