 |
|
Listed below is some useful information on Turkey, we have tried to mention as much as possible with the most popular questions being answered. If you need any further information, just call us on 01572 821881 and speak with one of our area specialists.
This bird's eye view of the Turkish Legal System is designed to give the reader an overall idea of how to take care of a variety of transactions and where to go or whom to call if additional assistance is required. With this in mind after a brief introduction into the Turkish legal system, the following subjects will be addressed, though not in-depth: residence permits; visa requirements, local obligations; custom regulations; information on tourism police, foreigners' office, embassies and consulates; reciprocity; legal issues. Sample petitions in English and Turkish language are presented for your convenience as well as a condensed list of lawyers. Turkey has a law system, which has been wholly integrated with the continental European system. For instance, the Turkish civil law system has been modified by incorporating elements mainly of the Swiss Civil Code, the Code of Obligations and the German Commercial Code. The administrative law bears similarities with the French Counterpart and the penal code with the Italian Counterpart. The Voyage and Residence of the Foreigners within Turkey Foreigners who intend to stay in Turkey for more than three months must apply to the security authorities and fill in a declaration in order to obtain a residence permit. The applicant shall be requested no fees or charges for this declaration. Foreigners who have arrived in Turkey for the purpose of working must obtain a residence permit within one month of their arrival date. They must have received their work permit before commencing work. Foreigners arriving in Turkey with a common passport for the purpose of touring or participating in a congress or conference or a cultural entertainment are not obliged to obtain permission and can stay for up to two months. This duration may be longer if necessary. Foreigners working in Turkey Foreigners who intend to work in Turkey as an employer, employee, freelancer, or as an official, are required to declare this circumstance at least 15 days before the start of their work and have it registered in the Ikamet Tezkeresi (Residence Permit) Foreigners are required to submit their ID card, residence permit or passport whenever asked by police or gendarme. The necessary documents for application of permits should be delivered to the Yabancilar Subesi (Foreigners' Office) - a sub-unit of General Security Department which is located on Vatan Caddesi (Vatan Avenue) in Fatih. Tel: (212) 636 1722 and 636 1878 Constitutional rights and obligations: Peoples are equal vis-?-vis laws regardless of any discrimination such as race, language, religion, sex and so forth. The basic rights and freedom of foreigners are to be limited only by law. Every one is entitled to the freedom of worshipping, religion, conscience and belief. Everyone is entitled to claim his rights and defend himself/herself in the Courts. Everyone is entitled to work and conclude agreements in whatever field he/she wishes. Everyone is obligated to pay taxes in accordance with his/her financial strength. Civil Rights and Obligations In this section you will find information addressing the procedures for various petitions and transactions such as securing a Telephone line Obtaining residence permits, and issues relating to Conducting transactions at the traffic office All essential transactions, previously done before by the civil local officers are carried out now by the Foreigners' Office pursuant to the recent regulations. Therefore, foreigners have no contact with local civil officers. If you wish to lease an automobile, branch offices of international firms are widely available in addition to local ones. All of them request standard contracts, which include 'unfavorable' provisions. Since the lessor is requested beforehand to sign a blank slip with his credit card number listed on it, in case of any adverse situation the lessor immediately collects the money and the lessor needs to run after him to straighten things out. Beware and choose a reputable company with whom to conduct business. Assigning powers: For various reasons the visitor to Turkey might be requested to assign powers. Points that need attention are: Term: make sure that it is done for a limited period for whatever Cause -it is safer and practical to renew it if need be than powers wondering around. Content: try to avoid re-assigning and transferring powers; the exact reason and aim should be mentioned. Interruption of Residence Period Being abroad for period of maximum 6 months shall not be deemed as an interruption in the calculation of 5 years. That means the time spent abroad no more than 6 months shall not be added to the time of residence in Turkey. The foreigner may leave the country for a period of 6 months at most at one time. This time spent abroad shall not interrupt the ongoing 5- year-residence period and will not be taken into consideration in the calculation of 5 year-residence periods. That means, this time spent abroad shall be deducted from the total residence period in Turkey In cases of interruptions caused by forces major such as medical treatments and education, the residence period shall not be deemed as interrupted even if the time spent abroad exceeds 6 months. For the foreigners who unlawfully entered Turkey and who is residing in Turkey against the Law (of Voyages and Residence of foreigners In Turkey), the time spent residing in Turkey shall not be taken into consideration regarding the acceptance to the Turkish citizenship Foreigners who reside in Turkey in accordance with the Turkish Laws but have no residence in accordance with the Turkish Civil Code. The foreigners who reside in Turkey as provided in the Turkish Civil Law According to Turkish Citizenship Law, marrying a foreigner does not influence the citizenship of the husband. Foreign wife marrying a Turkish husband has the right to choose her own citizenship. But in some exceptions such as "having no citizenship", the foreigner automatically shall gain the Turkish citizenship due to the principle of "having at least one citizenship". There is no condition as resigning from the other citizenship for the wife who has married a Turkish citizen. Therefore, the Turkish Laws allow the wife to hold both of the citizenships implicitly. Although some of the legal procedures can be easily done by yourself, such as getting work permit or marriage, you may sometimes need the advise of a lawyer for more complicated procedures or for private reasons. You can find English-speaking lawyers listed in our yellow pages in case you need help.  Buying a property in Turkey is a lot easier than in many other European countries. Foreigners may purchase land and property in Turkey in their own names provided that properties are located in towns (i.e. there must be municipality in the area where the property is located and the property must be situated within the boundaries of that municipality or borough), not in villages or rural areas and outside of military zones. In order to acquire the title of a property, an application has to be submitted to the local Land Registry Office in which the property is situated. After carrying out necessary searches and checks for the above mentioned requirements, the transfer of the title is done by the Land Registry Office. In Turkey, it is law that for both sides (the seller and the buyer) to be present at the entry in the property register. This is an excellent time to make another visit to your new investment in Turkey. Taxes in Turkey are low. A purchase tax of 3% is collected from the purchaser during the transaction. An annual property tax is collected by the municipalities (i.e. local governments) at the rate of 0.3% for land and 0.1% for a house in the Fethiye area. All properties are subject to revaluation every year for tax purposes. On newly built properties, within 3 months of construction finishing, the buyer must complete an affidavit and submit it to the municipality for tax purposes. We are happy to guide customers through this process for the first time. The acquired property may be resold or rented out and the proceeds may be transferred out of Turkey without limitation. Please note: Different regulations apply when a property is purchased for business related purposes. The purchase of a property from our builders is completed in four stages. Stage 1. Our builders will draw up a contract with the buyer detailing the agreed terms and conditions of the purchase. A legal translator will be present at all stages to represent the buyer. Stage 2. The legal translator then takes the buyer's passport(s) to the Notary for translation. This is necessary for the security and property location checks mentioned above. The translation takes a maximum of half an hour, after which the passport(s) will be returned to the buyer. Stage 3. We accompany the buyer to a local solicitor. The solicitor will check a copy of the property deed to ensure that the information on the contract corresponds with the information on the deed. Then all parties will sign the contract witnessed by the solicitor, the legal translator and one other witness. Stage 4. Once the application has been approved by the Land Registry Office, (takes 2-3 months for the security and property location checks to be made and approved), our construction company will sign over the deed of the property to the buyer (assuming all outstanding payments have been received). It is at the point of deed transfer that the purchase tax will be paid. Stage 5. Sit back and enjoy the sun in your fabulous new investment in Turkey. Below is an indication of what's normally included in the purchase price All bathroom ceramics Bathroom accessories Kitchen ceramics Fitted kitchen (excluding white goods and oven) Floor coverings - ceramic or marble (depending on project) Light fittings throughout Exterior lights Telephone points Satellite points Provision for central heating (only applies in certain projects) Provision for air conditioning Landscape gardens Car parking depending on property style Access to communal pool or private swimming pool Electronic safety deposit box Upon completion of the purchase and the exchange of the Title Deeds, the purchaser will be given a 5 year Building Guarantee and a 10 year Swimming Pool Guarantee. There are 2 copies for each party, i.e. design and construction and the purchaser - one copy in English and one in Turkish. If alterations or additions to the property are required by the purchaser, quotes can be obtained via the after sales team. As recently as 1997, the Turkish education system was restructured to meet the needs of this rapidly developing country and all children between 3 - 5 can go to pre-school, with primary school education being given to children between 6 - 14. All education is compulsory and free of charge in state schools. After Primary School all children must then apply for secondary education, which takes a further 3 years. Around 1.5 million students then go on to Turkish Universities each year, and around 250,000 of them pass the demanding examinations. In view of the many foreign residents who now live in Turkey, a number of International Schools, where English is spoken, are available although costs do vary. Special needs schools are free and open 24 hrs a day. The Turkish health system is being modernised at an amazing rate, with many new hospitals being built in most towns and private clinics are arriving here too. English speaking doctors and dentists can be found in all of Turkey's hospitals. Many clients wish to take private medical insurance this is a growing industry here in Turkey with many companies offering different levels of cover. AFTERSALES For us this is the most important part of the sales process, our after-sales team provides all of our customers a '5 Star After Sales Service', following the purchase of one of our properties. All the staff are English speaking and are available to help with every aspect of property purchase in Turkey . We have a specialist furniture company on hand to help you with any interior questions you may have too! Services that are available via After Sales include assistance with all of the following: Arranging all legal documents on behalf of and with the permission of the purchaser Assisting with opening a Turkish bank account. Progress reports on your property - including regular photographic updates. Shopping for furniture and soft furnishings. Assistance with transporting your home furnishings from the UK . Housekeeping. Maintenance. Advice when applying for a residency or extended visas. Medical facilities in the area. Airport transfers. Arranging hotel accommodation if required. General information and advice. Local customs and the laws. Other Extras Available via our after sales (please note some may be included with the build) Alarm systems. Security lights. Smoke alarms. Lighting in and around your property. Satellite/Cable ~ Digiturk. Help with obtaining a mobile phone SIM card. Air conditioning units/central heating systems fitted where applicable. Computer/internet connections. Extra storage space. Garden shed. Sprinklers. And many, many more ... We offer this service not only throughout the build process but for many years after you have owned your property. We are able in most circumstances to offer our own rentals service whereby the company will undertake to offer and manage the rental of property on behalf of owners. If you do not intend to live in your property on a permanent basis then renting your villa or apartment is an excellent way to cover the running expenses of your property and generate a return on your investment. With our help and expertise, we are able to guide and assist property owners on all aspects of renting out their property. For the use of our services the various rentals companies charge approximately 20% of the rental money received which is deducted before payment of the net amount to the owners Turkish Bank Accounts. Our recommended rentals services include the following as standard: Advice on rental prices, preparing and completing inventories, key holding service, attending the property in event of problems, arranging reservations and bookings, making regular visits to the property to check security, household appliances, water, electric and gas connections, collecting deposits & payments, arranging cleaning of the property before, during and after the rental periods, providing a welcome pack for each new arrival, arranging transfers & handovers for visitors, information pack on the areas. On property purchase 3% is payable upon completion, like in all countries VAT is payable on most items, this is the main turnover tax introduced for part of the fundamental criteria for full EU membership and Turkey replaced the existing production tax with VAT (KDV) in 1985. The rise in the rates and changes in the structures of Turkish VAT as a result of fiscal approximation clearly have major economic effects on the Turkish economy. The percent of VAT charged is different on every subject. Working: Your employer deducts Turkish income tax (Gelir Vergisi) from your salary. Other taxes to be paid include: Car tax (Tasit Vergisi) paid in two instalments: January and July. Property tax (Emlak Vergisi) should be paid in two instalments: May and November. The name title deed is given to the official document which shows who has ownership rights over a piece of real estate and upon which the owner's name appears. Rights over real estate are recorded on official registers kept by the Office of the Conservator of Title Deeds. Such Offices also issue title deeds. Since article 928 of the Civil Code embodies the principle of public registration of title deeds, no one may claim ignorance of the privileges and restrictions recorded in the deed register.  | ||||
|
 |
