Any purchase and sale transaction housing in Turkey — This is a procedure that consists of several successive steps. Despite the simplicity and transparency of the purchase process, all actions are strictly regulated by Turkish law and guarantee foreigners full ownership of property without risks and overpayments.
There are situations when the buyer or seller is not able to be present during the preparation, signing and execution of purchase and sale documents. In this case, Turkish laws provide for the possibility of representing the interests of one of the parties to the transaction to a third party, who can act on the basis of an official notarized power of attorney. How to make a power of attorney in Turkey, what types of documents are available to foreigners — You will find answers to these and other pressing questions in our article.
Content of the article:
- What is a power of attorney in Turkey
- Types of power of attorney in Turkey
- How to make a power of attorney in Turkey
- Required documents for registration of a power of attorney in Turkey
- Features of registering a power of attorney for real estate
- Answers to frequently asked questions
What is a power of attorney in Turkey
Power of attorney is used in all civilized countries of the world to transfer a certain range of powers from the principal to the authorized person. And the Republic of Turkey is no exception in this regard.
The concept of a power of attorney
Power of attorney in Turkey — a document with legal force that gives an individual or legal entity the right to perform actions on behalf of the principal.
In particular, the powers of a power of attorney most often extend to the management of movable and immovable property on your behalf, and the signing of legal and financial documents.
So, one of the most common types of document among foreign investors in Turkey — This is a power of attorney for the purchase of real estate. It, as a rule, allows the trustee to purchase and sell property, enter into lease contracts, draw up a number of official papers in federal and private institutions, that is, manage property in the interests of the represented one.
Rights and restrictions under a Turkish power of attorney
Before we understand the rights and restrictions of a power of attorney, let's find out what this document is for.
You cannot do without a power of attorney certified by a notary in Turkey if you delegate your interests when:
- conducting real estate transactions (the type of object does not matter - commercial, residential property or land);
- signing lease contracts;
- representing the interests of the person represented in court and other legal authorities;
- export or importing a car into Turkey;
- transfer/receipt of a package of papers to institutions of the state administrative apparatus;
- submission of a power of attorney.
Basic rights and restrictions on the execution and validity of a Turkish power of attorney:
- Trusted person — this is necessarily a capable citizen.
- Age — from 18 years old
- The family ties between the principal and the attorney do not matter.
- The represented may terminate the power of attorney in writing at any time.
- If the fact of pressure during execution is established or the principal’s action in a state of strong excitement or confusion is proven, the document is subject to cancellation.
- The power of attorney is also revoked if the validity period expires.
Types of power of attorney in Turkey
In Turkey, there are a large number of types of powers of attorney, depending on the purpose of execution. For example, there are powers of attorney for inheritance, mortgage lending, registration and extract , filing documents for citizenship and residence permits, buying/selling a vehicle, resolving divorce proceedings, etc.
In addition, the main types of power of attorney in Turkey in terms of the breadth of powers — this is:
- simple;
- one-time;
- special;
- general.
A simple power of attorney can be issued to perform any simple actions, for example, receiving letters at the post office. Nowadays such documents are used extremely rarely.
One-time and special powers of attorney must be certified by a notary and are necessary to perform one action, mainly within a designated period of time.
A general power of attorney is issued to a trusted person to carry out various asset management operations.
In addition to competencies, the document must contain information about the date and place of preparation, validity period, passport details of both parties (along with the registration address). It is indicated in which institutions and organizations the attorney has the right to represent the interests of the principal. The power of attorney is certified by the signature of a notary.
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How to make a power of attorney in Turkey
It is quite simple to make a document in the Republic of Turkey by contacting any notary. If this is not possible, then you can issue a power of attorney through the Turkish Consulate.
During the procedure for preparing a power of attorney, the presence of the represented and the authorized person is mandatory.
Step-by-step instructions for registering a power of attorney in Turkey:
- Choose a person you completely trust and agree with him on the possibility of representing your interests. Foreign investors, planning to purchase Turkish real estate, usually delegate the authority to conclude a purchase and sale transaction to their closest relatives or specialists from the real estate agency with which they cooperate.
- Outline the terms of reference.
- Prepare the text of the power of attorney by contacting a notary, or find a standard document on the Internet.
- Enter the data in the form, sign, and, as required by Turkish law, have it certified by a notary.
A copy of the power of attorney form is given to the attorney d'affaires. Be sure to save the original document. In case of expansion or narrowing of powers, changes in the validity period, update the document.
Required documents for registration of a power of attorney in Turkey
To obtain a power of attorney in one of the notary offices in Turkey, you only need to have with you your passport and the passport of the person who will be entrusted with the authority to represent your interests. Some notaries ask clients for an individual tax number.
Features of registering a power of attorney for real estate
In the Republic of Turkey, preparation of notarized powers of attorney for foreigners to carry out transactions with real estate — a common and time-tested practice.
There are no special requirements or standards for the form of power of attorney for concluding a real estate purchase and sale transaction. If you want to limit the powers of the trustee, this must be indicated in the text.
To issue a power of attorney by a foreign citizen who does not have a thorough command of the Turkish language, the presence of a sworn translator will be required. The offices of local notary offices and sworn translators are usually located close to each other. Therefore, you will not have to wait long for the translator to arrive.
Under certain circumstances, the duties of an employee of a notary office can be performed by an employee of the consulate of the Republic of Turkey. Important condition: make an appointment in advance.
In the power of attorney for the sale/purchase of real estate, execution of any documents for the transaction, you will need to paste a photo of the principal.
In practice, the procedure for obtaining a power of attorney for real estate is no different, for example, from a power of attorney for the purchase of a vehicle. The main difference — powers vested in the attorney.
A general power of attorney for the purpose of buying or selling apartments in Turkey is usually limited to one calendar year. The principal has the opportunity to issue a document for a period of validity of up to 3 years, but no more.
Answers to frequently asked questions
Do you need a power of attorney for a child in Turkey?
According to the laws of Russia and Ukraine, the notarized consent of one of the parents is not necessary for a child to travel abroad if the second parent has not issued a travel ban. However, Turkish Customs may request this document as part of the anti-trafficking program.
How to check a power of attorney in Turkey?
You can check a Turkish power of attorney by contacting the so-called register of notarial documents. By decree of the Ministry of Justice of Turkey, all notaries and consulates enter all executed powers of attorney into the electronic database.
Is it possible to issue a power of attorney for a car in Turkey?
Of course. Contact any Turkish notary and, in the presence of an attorney and translator, execute the document.
How to issue a power of attorney in Turkey for Russia?
A notarized power of attorney in Turkey for Russia can be issued in two ways:
- when contacting the consulate of the Russian Federation;
- in one of the notary offices in Turkey (the power of attorney will need to be translated into Russian and apostilled in Kaymakamlık Prefecture).
Spacious apartment 2+1, 100 m², in a 2020 complex with a swimming pool, parking and security. Fully furnished, beautiful view of the banana garden
2+1
100 m²
9313
Spacious apartment 1+1, 70 m², in a 2018 complex with a swimming pool, parking and security. Fully furnished, beautiful sea view from a large balcony
1+1
70 m²
9312
Cozy apartment 1+1, 70 m², in a 2018 complex with a swimming pool, parking and security. To the sea - 500 m, to the center - 250 m. Fully furnished, beautiful sea view.
1+1
70 m²
9311
Cozy apartment 2+1, 115 m², in a 2012 complex with swimming pools, parking and security. To the sea - 1000 m, to the center - 750 m. Fully furnished, beautiful view of the sea
2+1
115 m²
9310
Bright apartment 2+1, 100 m², in a 2010 complex with a swimming pool, recreation area and parking. To the sea - 700 m, to the center - 500 m. Partially furnished.
2+1
100 m²
9309
Cozy apartment 2+1, 115 m², in a 2010 complex with swimming pools, parking and security. To the sea - 1200 m, to the center - 400 m. Fully furnished, suitable for registration of a residence permit.
3+1
115 m²
9308
Project 400 meters from the Mediterranean Sea. The area is open for residence permits
1+1
65 m²
9307
Apartment 2+1 with furniture and appliances and beautiful mountain views
2+1
105 m²
9306
Complex with hotel infrastructure 800 meters from the sea
1+1
60 m²
9305
Furnished 2+1 apartment of 95 m² in Obagol district. House of 2014, only 250 meters to the sea, 50 meters to the center. The complex has a swimming pool, fitness, sauna.
2+1
95 m²
9304
Bright furnished apartment 1+1 in the Oba area, 42 m², with a balcony. House of 2022, 1000 m to the sea. Complex with a swimming pool, fitness room, sauna and steam room.
1+1
42 m²
9303
Cozy furnished apartment 2+1, 100 m², with a separate kitchen and two balconies. House of 2000, just 300 m from the sea. The house has an elevator.
2+1
100 m²
9302
Cozy furnished apartment 1+1, 60 m², in a modern complex of 2020. Excellent location - only 500 m to the beach and 300 m to the center. The complex has a swimming pool, sauna, fitness and landscaped garden.
1+1
60 m²
9301
Modern apartment 70 m², in a 2023 residence with rich infrastructure. Free transfer to the sea and the center, indoor and outdoor pools, SPA area, fitness, cinema and much more.
2+1
70 m²
9300
Cozy apartment 1+1, 50 m², in a 2022 complex with swimming pools, SPA area, fitness and security. Excellent location: 650 m to the sea, 250 m to the center. Fully furnished.
1+1
50 m²
9299
Spacious 4+2 villa in Kargicak area, located in a villa complex. Area 290 m², land plot – 350 m². The house was built in 2006. The villa is furnished, has three balconies and spacious terraces. Distance to the sea – 4000 m, to the center – 2000 m.
4+2
290 m²
9298
Bright 1+1 apartment with stunning views of the Mediterranean Sea in the Calais area. The house was completed in 2024, distance to the sea - 600 m, to the center - 800 m. Fully furnished, located in a complex with rich infrastructure.
1+1
65 m²
9297
Furnished 2+1 apartment with a convenient layout, in a house built in 2005, 500 m from the sea and 150 m from the center of Alanya.
2+1
90 m²
9296
Bright duplex 4+1 with panoramic view, after renovation, located in Bektash area. 3500 m from the sea and 2000 m from the center. Possibility of obtaining a residence permit
4+1, Duplex, Penthouse
160 m²
9295
A solid project from a reliable developer 1000 meters from the sea
3+1, Duplex, Penthouse
150 m²
9294
These materials have been prepared for informational purposes and are not of a commercial nature.
Point Property — a certified real estate agency that specializes in providing a full range of real estate services for transactions with residential and commercial real estate in Turkey. Our company takes care of all organizational aspects of a real estate transaction. In addition, we provide our customers with a wide range of after-sales services.
