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Turkish residency bombshell impacts on property ownership in Kalkan PDF Print E-mail
Wednesday, 08 September 2010
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This story has been superceded by another local news item, advising that the requirement for residency, to obtain a tapu, has been dropped.  Click here for the updated report.

There has either been a change in the law, or at least a change in the interpretation of the law, regarding the purchase of property in Turkey, by foreigners.

In effect, you now need to be a resident, before you can get your tapu, (similar to UK title deeds).

In Turkey, we have discovered that laws may be interpreted inconsistently, in different areas.  What is OK in Muğla region, may not be OK in Antalya region, for example.

In this case, we are reporting on the interpretation of the tapu office in Kaş, and if you are buying a property in Kalkan, it's their view that counts - irrespective of what any other tapu office may say.

Before we continue, it is perhaps useful to explain a few points of detail.  Namely, the difference between (1) a tax number, (2) a residency (ikamet) number and (3) an ID (kimlik) number.

1. Your tax number identifies you as a tax payer (actual or potential) with the Turkish tax authorities.

2. A residency number is a unique number issued with your ikamet book.  This book is evidence of your entitlement to reside in Turkey.

3. In Turkey they have a national identity card scheme.  An ID number, also known as a kimlik or TC number, is a number issued to all Turkish citizens, and certain other long term residents of Turkey.  As a foreigner, with residency, you can have an ID number, but unlike Turkish citizens, you don't get an ID card.

So, to continue with this breaking news story, the tapu office in Kaş is insisting that when registering a property purchase, and applying for a tapu, you must now provide not only a tax number, but also an ID number.  And as a foreigner, you can only get an ID number if you already have residency.

In practice, it may take about one month from getting your residency, to being provided with your ID number.

This new requirement has huge implications for those wishing to own a property in Kalkan.  

Some visitors to Kalkan may be about to buy a property, but not have residency, so if they wish to proceed, this is an additional cost to take into account - not to mention the additional paperwork, and the need to fulfil the residency criteria.  The cost and paperwork, needs to be considered not only now, at the time of purchase, but as an ongoing overhead as residency falls due for renewal, from time to time.

And many non-residents already own property in Kalkan - so what happens to them?  Can they continue to own, and then sell their property without having an ID number?  This is something we are trying to get an answer to.  As soon as we have it, we will publish a follow-up local news story on KTLN.

It seems obvious to us that if (we stress the word if), this interpretation of the law by the tapu office in Kaş stands, then the sale of Kalkan property to foreigners is going to be impacted.  And it is not just new properties that will be affected.  Any pre-owned properties could only be sold on to foreigners with residency, (or Turkish people), so the whole market would be impacted.

KTLN has published this report, having spoken to local lawyer Kader Güneş, who discovered this new requirement as she was attempting to get a tapu for a Kalkan client.  We have also had this development independently confirmed from two other local sources.

We have been in touch with the British Embassy in Turkey about this, to find out whether this is a change in the law that applies everywhere.  If it is, we would love to understand the background to its introduction.  KTLN intends to follow this up with the Embassy, as it appears to make property ownership more problematic for foreigners.

KTLN members can see what is required to obtain residency in Turkey, in the KTLN Knowledge Bank, in the Legal Matters section: Obtaining Residency.

Finally, if you are a foreigner with residency, or you are considering applying for residency, make sure you read tomorrow's local news story on KTLN.  We will be telling you about changes to the residency application process in Kemer, which again, creates a few more hurdles that have to be overcome.

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Last Updated on Tuesday, 14 September 2010