Didim Today

Moving to Turkey and you want to know all about this matter right now? I recently answered a question about transfer of property and explained conditions and procedures regarding the acquisition and transfer of property. Today, we have another question relating to property law and, in particular, obtaining a residence permit and loss of a residence permit. The question comes from a citizen of Iran. There may be different procedures applied for different countries’ citizens; therefore, every question has its own merits. I will try to shed some light on property acquisition and its relationship to a residence permit.

“Dear Mr. Cektir, I am an Iranian 58-year-old by profession structural engineer and by trade I am a successful entrepreneur. I am currently living in Tehran and want to move to İstanbul. Considering that no one is granted permanent residency in Turkey, what will happen if I buy properties in Turkey and move with my family and start a new life there and after a while our residency permit is not renewed?”

Acquiring property in Turkey

In accordance with the Turkish Land Registry Law, the rule of reciprocity applies for property acquisition by a foreigner in Turkey. What does reciprocity mean? The precondition for the purchase of a property in Turkey is reciprocity: A foreign person can buy property in Turkey only if a Turkish citizen is permitted to buy property in that person’s country, and this is called the principle of reciprocity.

There are also some limitations and special procedures set forth in various regulations with regard to property purchases by foreigners in Turkey. For instance, the total area of property a foreign resident can acquire anywhere in the country shall not exceed 25,000 square meters (6.17 acres). Also, after applying to the land registry, the land registry shall inform the relevant authorities, including the Ministry of Foreign Affairs and the military to secure permission to purchase the property.

In particular for a citizen of Iran, since Iranian laws do not allow Turkish citizens to purchase property in Iran, an Iranian citizen shall not be permitted to purchase property in Turkey.

Company establishment in Turkey

If you are intending to have business related to the property or if your business in Turkey requires that the company you want to establish needs property such as an office or factory building, you may register the property in the name of the company, but you will not be able to use this property outside the scope of your business. Companies established in Turkey by foreign investors may freely acquire property in Turkey as long as the property acquisition is in line with the purpose of the company.

What happens if a residence permit is not renewed?

You are correct in saying a permanent residence permit may not be granted. In the event your residence permit is not renewed, then you will have to leave the country within a 90-day period and may come back. This is the procedure followed by some foreign property owners in Turkey. However, the government recently made a change to make it more difficult to live in Turkey without a residence permit, but this regulation was canceled due to requests from the ministries of foreign affairs of other countries.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it