Palestinian Ownership Law Amendments in Turkey

New legal amendments have been made to the real estate law in Turkey, which includes the ownership of the Palestinians those of documents holders in Turkey. These amendments are related to title deed transactions and transfer of property, and to the identification documents accepted in Turkey.

It also included taboo transactions for stateless citizens (non-nationals), Turks who had previously lost Turkish nationality, Turks who have already lost Turkish nationality, and the ownership of foreign legal entity in Turkey, such as foreign companies.

Under the new amendments, Palestinian documents holders can buy properties in Turkey under their travel documents issued by other countries. They can also apply for Turkish citizenship after buying property in Turkey worth at least $ 250,000.

The amendments issued by the Ministry of Environment and Cities, within the framework of the facilities provided to support the real estate investment in Turkey, by increasing the ownership of Palestinians in Turkey.

In response to the requests of our valued customers, Imtilak Real Estate has the exclusive right to provide an exclusive translation of the terms of these new legal amendments from its governmental source.

The Official Translation of Property Ownership Law in Turkey

Number: 04 / 01-75439090.356

Subject: Proof of identity in the procedures related to foreigners

General number: 1750 - 13/2013

Directed to: Tabu and Survey Real Estate Directorates in the regions

About:

1. Circular No. 2012/12 (1734) Date 06/08/2012.
2. The list of the regulations of title deed published in the Official Gazette on 17/08/2013 in accordance with the Council of Ministers Decision No. 2013/5150.
3. The General Statement of Notaries in Turkey, No. 81 dated 21/08/2013, entitled "The sections concerning the affairs of the notaries in the new title deed regulations".
4. Statement of the General Directorate of Civil Registration and Citizenship No. 85346 dated 4/09/2013.
5. Statement of the Turkish Foundation Abroad and Related Communities, No. 16667306-101.0300-003944 dated 16/08/2013.

The Turkish State was in the process of studying applications for ownership of immovable property in Turkey for persons of foreign nationality and commercial companies licensed in accordance with the laws of those States of which they have legal entity after having been evaluated within the framework of the principles specified in the circular mentioned in the related law (a) regulated in accordance with Article 35 of the title deed Law No. 2644 dated 22/12/1934, which was amended by Law No. 6302 applicable from the date of its publication in the Official Gazette on 18/05/2012.

The Directorate General of the Tabu and Real Estate Survey of Turkey has been authorized to identify the documents to be submitted in Tabu and real estate survey transactions concerning real persons and commercial companies with a legal entity in foreign countries and in which were legally established. In accordance with article 18, paragraph 8, of the title deed Regulations of the Associated Act (b), entitled "Determination of the right owner".

Also in the last item of the general statement material registered in the related law (c) where it was decided to carry out the transactions with the General Directorate of Tabu and the real estate survey, by verifying the identities of the persons concerned with these transactions, By local Tabu administrations.

Palestinians Real Estate Ownership in Turkey

1. Personal identification documents, or foreign passports, should be the basis for personal identification in title deed transactions for real persons of foreign nationality. Provided that such documents are granted to them by the competent authorities of the countries to which they belong.

For citizens of the State of Palestine in particular, the identity documents and passports granted to them from other countries (such as refugee travel documents, etc.) are accepted without the need to provide identification documents and passports issued by their country of origin.

If the Palestinian nationality holder is submitted with the residence permit issued by the Directorate General of Turkish Immigration, the Turkish ID number for foreigners should be written in the field of the foreign identity number in the electronic transaction called TAKBİS (which can be obtained from e-Devlet, Tabu, and real estate survey).

If the TC number is not available, you must type the passport number or foreign state identification number.

If the document is written in non-Latin characters, the Tabu Directorate may request translation of identity card or foreign passport (amended by approval No. 1058120 dated 06/03/2019).

Statelessness Property Ownership in Turkey

As for stateless persons (without nationality), they will use the Turkish residence card mentioned in the above documents: in the place of identity card or passport (under the amendment made by decision No. 1058120 dated 6/3/2019), and a special search and investigation of the personal identity of stateless persons, granted to them by the State Administration, will be conducted under article 50/2 of the Foreigners and International Protection Act No. 6458.

2. In addition to the above, in order to document the legal recognition of the rights of Turkish citizens born in Turkey, and even their third-class grandchildren, who have lost Turkish citizenship due to an exit permit, and who hold the blue identity card granted to them under article 28, paragraph 6 of the same law, The related law (d) states: "The blue card document will be used as an identity document". It was emphasized in the related law (h) that the necessary regulation in this regard must be urgently undertaken.

Accordingly:

All blue cards, issued after the application of the "Blue Cards" system, by the Directorate of Civil Registration and Citizenship on 12/04/2013, can be used as an existing identity in their own right.

During the Blue Identity Renewal process, the identity of the foreign country or passport will continue to be assessed with the blue identity issued prior to 12/04/2013 under Law No. 4112/5203.

[... More details of the blue card holders transactions, of Turkish persons who have lost Turkish nationality].

3- As for the transactions of the title deed of foreign persons and foreign commercial companies classified as legal entities, according to the criteria of the countries to which they belong, documents proving the establishment of such a company should be submitted in accordance with the regulations in the country to which it belongs and these documents must be verified and that this company carries out its business activities, and they are eligible to complete the transaction on behalf of the company. These documents should be original, translated, ratified by Apostille type, in accordance with the Hague Convention of 5/11/1961, this agreement permits the non-ratification of official foreign documents. If there is no Apostille certification on these documents, a copy of these documents must be submitted by the Turkish Consulate in the country of origin.

This decision shall be circulated to all title deed (Tabu) and Real Estate Survey departments and must abide by what is stated therein.

Edited and Translated by Imtilak Real Estate ©