Legal Due Diligence in Turkey: A Comprehensive Guide

Conducting legal due diligence is a crucial step in the property purchase process in Turkey. It ensures that the property you are buying is legally sound, free from any encumbrances, and complies with local regulations. Below is a detailed guide on the importance of conducting a property survey, checking property ownership and debts, and ensuring compliance with zoning laws and building regulations.

1. Importance of Conducting a Property Survey

A property survey is an essential part of the due diligence process. It provides a detailed examination of the property’s physical boundaries, structural integrity, and compliance with legal requirements. Here’s why it’s important:

• Verification of Property Boundaries: A property survey helps verify that the boundaries of the property match the details in the title deed (Tapu). This is crucial to avoid disputes with neighbors or future legal issues regarding the size or location of the property.
• Structural Integrity and Safety: The survey assesses the condition of the property, identifying any potential structural issues, such as foundation problems, roof damage, or illegal extensions. This information is vital for determining whether the property is a sound investment and for negotiating repairs or price adjustments with the seller.
• Compliance with Building Regulations: The survey ensures that the property complies with local building codes and regulations, including the presence of necessary permits and certificates (e.g., habitation certificate or İskan). This is especially important for older properties or those that have undergone renovations.
• Identification of Encroachments: A survey can reveal if any part of the property encroaches on public land or neighboring properties, which could lead to legal disputes or the need for adjustments.
• Investment Security: For buyers, especially foreigners unfamiliar with local practices, a property survey provides peace of mind, ensuring that the property is as advertised and legally compliant.

2. How to Check Property Ownership and Debts

Verifying property ownership and checking for any outstanding debts or encumbrances is a critical aspect of legal due diligence. This process ensures that you are buying a property free of legal complications.

Steps to Check Property Ownership:

• Obtain the Title Deed (Tapu): Start by obtaining a copy of the title deed from the seller. The Tapu will list the current owner and provide details about the property.
• Visit the Tapu Kadastro (Land Registry Office): Visit the local Land Registry Office where the property is registered. Here, you can verify the ownership details listed on the Tapu and ensure that the seller is the legal owner of the property.
• Check Ownership History: Review the ownership history to ensure there are no disputes or issues with previous owners that could affect your ownership rights.

Steps to Check for Debts and Encumbrances:

• Encumbrance Check (Şerh): At the Land Registry Office, request an encumbrance check to see if there are any annotations (şerh) on the Tapu. These annotations may indicate mortgages, liens, or other legal claims on the property that could affect your ownership.
• Debt Verification: Ensure that the property is free from any outstanding debts, such as unpaid property taxes, utility bills, or association fees. This can be done by requesting a debt clearance certificate from the relevant authorities or by checking with the local municipality.
• Mortgage Status: If the property has an existing mortgage, confirm with the Land Registry Office that it has been fully paid off or that arrangements are in place for the mortgage to be cleared at the time of purchase.
• Legal Disputes: Check for any ongoing legal disputes or cases involving the property. This can be done by reviewing court records or consulting with a legal professional who specializes in real estate law.

3. Ensuring Compliance with Zoning Laws and Building Regulations

Compliance with zoning laws and building regulations is vital to ensure that the property can be used as intended and that there are no legal issues post-purchase.

Steps to Ensure Compliance:

• Zoning Verification: Check the zoning classification of the property at the local municipality. Zoning laws dictate what type of structures can be built on the property and how the land can be used (e.g., residential, commercial, agricultural). Ensure that the property’s current use is in line with its zoning designation.
• Building Permits: Confirm that all necessary building permits were obtained for the construction of the property. This includes permits for any renovations, extensions, or major alterations. Without these permits, the property may be deemed illegal, and you could face fines or even demolition orders.
• Habitation Certificate (İskan): Ensure that the property has a valid habitation certificate, which confirms that the building complies with all local regulations and is safe for occupancy. This certificate is mandatory for properties built after a certain date and is required for setting up utilities in the new owner’s name.
• Earthquake Compliance: Turkey is prone to earthquakes, so it's important to ensure that the property complies with seismic regulations. This is especially crucial for properties in high-risk areas. Compliance can be verified through a structural survey or by checking the building's compliance certificate.
• Environmental Regulations: Verify that the property complies with any environmental regulations, especially if it is near protected areas or involves the use of natural resources. This can include restrictions on construction near coastlines, forests, or other protected zones.

Legal due diligence is a critical step in the property purchase process in Turkey. Conducting a thorough property survey, verifying ownership and debt status, and ensuring compliance with zoning laws and building regulations are essential to protect your investment and avoid future legal complications. Working with qualified professionals, such as a real estate lawyer or a licensed surveyor, can help you navigate this process and ensure a successful property acquisition.