Hej alle som er ved at få grå hår af alt den debat vedr. tapu. Jeg har herunder indsat et svar som jeg d.d. har modtaget fra den Tyrkiske ambasade.

jeg er ikke jurist og slet ikke når det er skrevet på engenlsk, så hvis nogen vil prøve at give en kort tolkning af teksten er det helt fint.

Dear Mr. Petersen,

Please find below the latest situation about real estate acqusition in

Turkey. As you may know the new law regulating real estate acquisition in

Turkey by foreigners was adopted on 29 December 2005, by the Turkish

Parliament and has entered into force. You will find a short information

about the said law below in section 1 and you will also find in section 2

information about the implementation of the new law for Danish citizens.

1- The new law (Law No: 5444) amending Article 35 of the Act on Land

Registry, which draws the legal framework for real estate acquisition by

foreigners in Turkey, together with Articles 16 and 35 of the Turkish

Constitution was adopted by the Turkish Parliament on 29 December 2005 and

promulgated by the President and entered into force. The new law has

foreseen to be applied retroactively beginning from 26 July 2005. Thus, the

new law took the place of the old legislation (Law No: 4916 ) which was

annulled on March 14, 2005 (annullment decision entered into force on 26

July 2005) by theTurkish Constitutional Court.

According to the new law, Article 35 of the Act on Land Registry is, in

summary, regulated as follows:

Citizens and commercial companies of the countries with which reciprocity

agreements have been signed or reciprocity exists in practice may purchase

real estate in Turkey, to use as residence or working place in complience

with the legal restrictions (for example foreigners can not buy real estate

in the military zones according to Law No: 2565).

The total area of real estate on which a foreigner is allowed to acquire

property or restricted property rights cannot be more than 2.5 hectares.

However, this amount can be increased up to 30 hectares with the permission

of the Council of Ministers.

Foreign legal persons, other than the commercial companies, established

according to the law of their own country, cannot acquire real estate in

Turkey.

The Council of Ministers is competent to determine the areas where foreign

real persons and commercial companies cannot acquire real estate on the

grounds of public interest and security reasons (such as the areas which

should be protected because of their flora and fauna, areas that have a

special importance and should be protected because of their qualifications

regarding irrigation, energy, agriculture, mineral deposits, cultural

importance) upon the proposal of related public institutions. The Council of

Ministers is also competent to determine the percentage of area in each city

which could be sold to foreigners. This figure cannot exceed %0.5 of the

total area of the city in question.

The Ministry of Defence should inform the Ministry which oversees the

activities of the Land Registry Authority, about the forbidden military

zones and military and private security zones in 3 months time after the

publication of the new law in the Official Gazette. During the intervening

3 months, the Land Registry Authority should ascertain the status of an

area by asking the related military institutions, before completing the land

registry procedures.

2- As it is stated in the above information, the new law regulating real

estate acquisition in Turkey by foreigners foresees the principle of

reciprocity

which means Danish citizens will be able to buy real property

in Turkey under the same conditions applied to Turkish citizens who would

like to buy real property in Denmark. The Land Registry Authority in Turkey

accepted a legal instrument about the implementation of the said law and

attached to that document a list of the countries with which Turkey has

full reciprocity , of the countries whose nationals need a permission in

order to buy property in Turkey and of the countries with which Turkey has

no reciprocity. Denmark is in the second list attached to the Land Registry

Authority’s legal instrument about the implementation of the said law.

Thus, as Turkish citizens who do not have permanent residence permit or have

not resided in Denmark for a period of at least 5 years can acquire real

property with the permission of the Danish Ministry of Justice, a parallel

procedure will be applied to Danish citizens, who wish to buy real property

in Turkey, as a result of the above mentioned principle of reciprocity. In

line with this explanation, Danish citizens will be able buy property in

Turkey with the permission of the Turkish Ministry of Interior if they do

not have permanent residence permit or have not resided in Turkey for a

period of at least 5 years. Moreover, in parallel with the related Danish

legislation, Danish citizens will be allowed to buy real property in Turkey

to use as a primary residence during their stay in Turkey (which means that

Danish citizens will not be allowed to buy more than one house). In order to

make a land registry deed application to the competent Turkish authorities,

Danes should have a residence permit valid for at least for 6 months or a

work permit in Turkey. According to the information we received from the

land registry authority, permission for real property acqusition will be

issyd in 1-3 months time.

Please note that, a special working group will define the exact land

registry deed procedure for Danish citizens in the begining of March, and

that as a result, the abovementioned information is not yet final.

Yours sincerely,

Makbule Kocak

Legal Counsellor

Turkish Embassy

Tel:39 20 27 88