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Changes in Turkish property law

A new change in the Turkish property law could have an impact British buyers, especially those looking to buy in restricted areas by setting up an Turkish company.

Changes in Turkish property law

The Constitutional Court of Turkey, the highest legal body for constitutional review has just announced that it has cancelled a law allowing sales of real estate to companies established by foreign firms.
 
John Howell, a partner at the International Law Partnership is quick to reassure potential buyers, "Despite this, there is no need to panic. For the average UK buyer, Turkey is still a safe place to purchase property. The majority of private buyers will not be affected by the annulment of the law allowing the sale of property to foreign companies."
 
One concern is that this restriction will impact on the number of people buying Turkish property.  However Howell does not predict that this will be a problem.
 
"Turkey is a place where, over the next few years, you will see increasing numbers of people wanting to buy holidays homes simply because it is a beautiful and interesting country and because it is reasonably easy to get to.
 
"Once the current excess of supply has been absorbed, this should therefore, lead to steadily rising prices.  Not at 20 or 30 per cent per year but at a more normal 5 or 10 per cent per year. At the same time, as more and more tourists visit Turkey and there should be a stronger and stronger rental market.
 
"People are living in Turkey permanently because they love the place and because it is cheap. You can live very well in Turkey on your state retirement pension, which many people find difficult in the UK. Turkey (together with a number of other countries) is likely to see the benefit of a rapidly growing population of Western European retirees.
 
The main reasoning behind the new change to the law is clear.  There are some restricted areas for foreign individual buyers of Turkish property such as military zones, rural lands and a limit of 30 hectares. Up until now, many foreign buyers intending to purchase a property zoned in these restricted areas were setting up an inactive Turkish company.  But this new change will ensue this route will no longer be available to buyers looking to circumvent these restrictions.
 
Howell cautions buyers, "It is strongly advised for individual buyers to instruct an independent lawyer to complete title deed checks before paying any funds or signing any contracts. It is now vital to confirm you are purchasing a property zoned in the correct area otherwise you will not be able to secure the ownership of the property."

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Article first published 20 March 2008