Property and conveyancing lawyer in Fethiye

What should be checked before paying a property deposit?

Foreign buyers often see a price, viewing and proposed deposit before seeing the legal record. A property lawyer in Fethiye should establish what is being sold, who may sell it and whether the timetable allows investigation. Av. Yanatma can review residential, land, resale, developer or investment transactions before a reservation or preliminary contract; the buying property in Turkey guide sets out the buyer’s steps.

The review checks Turkish-law ownership, authority, documents, restrictions and transaction risk. It does not replace an independent survey or tax advice.

What does the Tapu record show?

Tapu means the Turkish title deed and land-registry record. Check the current record against the seller’s identity and the property shown at viewing. Important points include:

• the registered owner or owners and each person’s share;
• the parcel, block, independent unit, use and recorded area;
• whether the deed is for a completed condominium unit, a construction servitude or land;
• an ipotek, meaning a mortgage or other security over the property;
• a haciz, meaning an enforcement attachment; and
• a şerh, meaning a notice, restriction or other annotation affecting the right or proposed transfer.

An estate-agent listing is not proof of authority. Co-owners, deceased owners, companies and representatives need authority checks; the inheritance and wills service explains succession issues.

The title deed and Tapu guide explains the record in more detail. The aim is a clear route to registration, not merely a scan whose annotations have not been checked.

Can the property legally be built and occupied?

A title record does not answer every planning or construction question. Av. Yanatma checks zoning information, intended use, the building licence (yapı ruhsatı), approved project and relationship between the project and the independent unit offered to the buyer.

An iskan is the Yapı Kullanma İzin Belgesi, or habitation certificate. Under Article 30 of the Zoning Law, the competent authority assesses whether the completed building complies with its permit and technical requirements before issuing permission for use. A title deed alone is not an iskan. Check the issuing authority, original permit, approved project and any partial-use approval before describing a property as legally ready for occupation.

Unlicensed or permit-inconsistent work can be sealed, required to be brought into compliance or demolished, and can attract an administrative fine under Articles 32 and 42 of the Zoning Law. A past Yapı Kayıt Belgesi from the time-limited 2018 registration mechanism is not a blanket guarantee of title, permanent zoning compliance or safe occupancy. Check any terrace, extra floor, enclosed balcony, pool or outbuilding against the approved project.

Coastal law treats the coast and beach strip as public-use areas under State control. A private title does not by itself authorise a seawall, building, beach business or exclusive access; check the parcel’s plans and protected-area rules.

Which debts and restrictions can affect completion?

Identify property-tax entries, site or condominium dues, utility balances, enforcement notices and debts. The contract should state who obtains each current clearance and handles any disputed amount.

A foreign buyer’s parcel must also satisfy the current foreign-acquisition procedure. Article 35 of Law No. 2644 sets a 30-hectare nationwide ceiling per person and a 10% ceiling of a district’s privately owned area, subject to statutory and presidential restrictions. These limits are one part of the eligibility analysis.

Security-zone restrictions remain relevant. Ask TKGM how the parcel will be assessed before signing; a restricted plot may be refused or require authority confirmation.

How are contracts and deposits protected?

A reservation form, deposit receipt or preliminary contract should identify the parties, parcel and independent unit, price, currency, payment stages, completion conditions, possession date, fixtures, debt clearance, tax and fee allocation, default consequences and the circumstances in which a deposit is returned or retained. Match the contract to the current title record, not an old listing or floor plan.

Before signing, understand whether the document is only an agreement to proceed or part of a wider transfer arrangement. It is not a substitute for checking and recording the property right at the competent Tapu office. Write payment instructions clearly and keep evidence of every transfer.

For off-plan purchases, check developer authority, title, permits, payment stages, delivery, cancellation and the plan for obtaining an iskan. See the off-plan property guide.

Can the purchase or sale happen while you are abroad?

A power of attorney can assist a buyer or seller abroad, but the relevant Turkish authority must accept it and it must identify the property and transaction. Signing power, payment authority and representation limits should be specific.

The document may involve a consulate, foreign notary, translation, certification or apostille, depending on the issuing country. Confirm the current form before signing; see the power of attorney in Turkey guide.

Check the representative’s authority against the title and transaction instructions. A power of attorney does not replace title, planning, debt or contract checks.

How does Av. Yanatma handle a conveyancing instruction?

The practical sequence is adapted to the property, seller and location:

1. Set the scope. The buyer or seller supplies the address or parcel information, party details, proposed terms and the decision needed. Av. Yanatma identifies which records and documents are required.
2. Review the legal file. Title, annotations, ownership shares, zoning, permits, iskan, debts, restrictions and contract terms are compared. Missing or inconsistent material is recorded rather than assumed away.
3. Explain the risks. The client receives a clear account of issues that may affect price, timing, use, registration or the decision to proceed. Questions for the seller, developer, municipality or Tapu office are identified.
4. Prepare the transaction. Contract wording, powers, document translations and completion conditions are reviewed or prepared as appropriate. The parties can then decide whether to sign and how to stage payment.
5. Coordinate registration. The required application documents and appointment are checked with the competent Tapu Müdürlüğü. The transfer is followed through the land-registry stage, subject to the authority accepting the file.
6. Close the file. The registered deed and payment records are preserved. Utilities, municipal property-tax records, current DASK position and any promised post-completion documents are followed up as agreed.

Which documents should a foreign buyer or seller gather?

The exact list is parcel-specific, but an initial file commonly includes passports or identity documents, contact details, the current Tapu copy or parcel information, the sale or reservation proposal, prior contracts, building licence, approved project, iskan or partial-use document, municipality or site-management correspondence, debt and utility information, and any power of attorney.

A foreign national who is party to a property sale needs the valuation report required by TKGM’s FAQ. It must be prepared by an SPK-authorised property valuation company. The report covers valuation; title, contract, planning and authority questions remain separate.

Check passports and identity documents against the current TKGM document list. TKGM’s guidance says Latin-script passports or identity documents do not require a Turkish translation, while non-Latin documents may. Confirm the current list with the competent Tapu Müdürlüğü before the appointment.

What are the transfer costs and timing?

Completion time changes with inherited titles, developer transactions, restricted parcels, missing permits, valuation and appointment availability.

The statutory title-deed fee is 2% of the declared transfer and acquisition value for the buyer and 2% for the seller, calculated on no less than the property-tax value: 4% in total before other expenses. Confirm the current tariff, any exemption and the agreed contract allocation. Valuation, translation, notary, banking, survey, insurance and registry-related expenses vary; confirm current amounts.

Av. Yanatma’s legal fee and disbursements are separate from official and third-party costs; a written scope identifies included work.

What are the Fethiye land-registry and courthouse details?

Public map listings place Fethiye’s Tapu and Kadastro offices around 677 Sk. No:10A and 678 Sk. Those listings are not a stable official address source. Verify the competent office, current entrance and appointment instructions with TKGM or WebTapu before attending; the parcel’s jurisdiction, not the buyer’s preferred town, controls.

Fethiye Courthouse’s main building is officially listed at Akarca Mah. Mustafa Kemal Bulvarı No:210, Fethiye/Muğla. A property dispute may require a particular court or a prior procedure; the courthouse address does not decide jurisdiction. For a lease, short-term rental or tourism use after purchase, see the holiday-rental licence service. A title or construction disagreement may instead need the property-disputes service.

Buying a home may connect with immigration planning, but ownership alone is not an automatic permit. The official property-based short-term residence category requires a residential property used as a home; confirm current eligibility, acquisition date and renewal position with Göç İdaresi. For a qualifying citizenship route, the current implementing regulation states a minimum USD 400,000 real-estate acquisition and a three-year no-sale annotation, subject to all statutory conditions. The residence-permit service and Turkish citizenship service address those separate routes.

A careful property transaction starts before the deposit and ends after the registered record, not at the viewing. To discuss a defined property-law question with Av. Yanatma, use the contact page.