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Buying a New Property in Turkey

This guide was written by Başak Yıldız Orkun, Managing Partner at Orkun & Orkun (info@orkunorkun.com) in collaboration with Guides.Global (office@guides.global).

It was written on 10 August 2017. The law and practice in Turkey change all the time. Our guides are updated as frequently as possible - typically every three years - but may be out of date.

Our guides are prepared by professionals from many countries. They are, of necessity, both brief and general and can take no account of your personal circumstances. They are intended to be a good introduction to the subject BUT ARE NO SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE, which our contributors will usually be happy to provide upon request.

The advice and opinions contained in the guides are those of the author and are not necessarily those of Guides.Global.

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The scope of this guide

This guide looks at the special considerations you have to take when buying brand new property in Turkey.

Introduction

Many people prefer to buy and own new property. There are a number of reasons:

The potential problems of buying a new house

There are three main problem areas when buying a new house:

Every new house has teething troubles

As it dries out, plaster will shrink a little, and small cracks will appear. You may get drips from taps. There will be bits of painting that have been missed. And so on. These are not a disaster but they do need to be fixed.

This process is called ‘snagging’ and you need to make sure that your contract sets out a clear procedure for dealing with these problems.

It will usually be the responsibility of the builder or developer to fix these problems (see below) and, in Turkey, they will generally be fixed quite quickly but it can be a problem if you're buying a new house as a vacation home.

This is because you will not be living there and so it may take time for you even to identify that the problems have occurred. It may then take time for you to liaise with the builder and then for you to arrange to get them fixed.

This shouldn't necessarily put you off buying a new property, but it is a factor to consider.

In practical terms, the most important thing is to make sure that the property is thoroughly inspected before you take delivery of it and pay over the balance of your money. This might be done by you personally, or you might have it done by a surveyor. In most cases, it’s done by the owner in person in order to reduce cost.

Bad developers and builders

Your biggest nightmare is if the developer or builder is a rogue or goes bust.

Fortunately, we do not have many rogue developers or builders in Turkey - but we do have some who go bust.

This causes you a problem because it is the developer or builder who issues the guarantee that your property will not suffer from any major defects for the first five or ten years. This guarantee is not backed up by the government or any other organisation and so, if the developer goes bust, the guarantee can become valueless.

Luckily, most people will take out insurance against this risk. It is fairly low cost - typically about €500 for the full ten-year period but this is rising quite quickly.

The second problem if the developer or builder goes bust is that it is they who are responsible for sorting out all the little problems referred to above. These are not big enough to be caught by the guarantee.

Happily, these problems tend to come to light quite quickly and so - with a bit of luck - the developer or builder will still be around to deal with them. If you're concerned about this, insurance is again available to guard against this risk. A typical policy on a three-bedroom home might cost €150.

Note that neither of these risks will be included as standard in your homeowner's insurance.

Falling prices

The moment you turn the key in your door, the price of your house will fall in value. This is just like a car. It will usually happen even if the general property market is rising in value.

This is because of people's liking for brand new property. They're prepared to pay a premium for buying it.

This is such a significant factor that some wealthy investors will buy investment property and then keep it, empty and un-let, until they see an opportunity to sell it on at a profit. This way it will still benefit from the ‘new property’ premium.

This fall in value may come as a surprise to you.

You can guard against it to a certain extent but you can't eliminate it.

It is worth quantifying the loss. Check out in your area how much properties that are, say, 12 months old are selling for and compare it with what you are paying. You can often do this online.

Until about two years ago, you could approach the developer and strike a hard bargain on price, so making a big dent in the loss. With the improving property market, there is now much less opportunity to do this. Nonetheless, it's worth having a go to see whether there is any movement on the price.

Guarantees

These are sometimes called warranties.

By law, the developer of a new property is responsible for fixing any ‘major’ defects that occur within the first five years from the date when the property is delivered to its first buyer.

‘Major’ is defined by Turkish law. Basically, it means any structural defects. In other words, if the house begins to subside (sink) or it develops major structural cracks (rather than tiny little cracks from the plaster drying out) or if the roof is defective, the developer will be legally obliged to fix it.

This will apply both to the main structure of the house and to any ancillary buildings such as garages or swimming pools. It will not apply to things such as garden walls.

The developer will also be responsible for fixing any ‘serious’ defects during the first two years after the property was first delivered.

More minor defects are defects that are less of a problem than major defects but still more than you would expect from routine repair and replacement.

So, for example, if the central heating plant or the air conditioning plant breaks down within five years, the builder will have to fix it. If the exterior paintwork develops serious problems - rather than just needing a bit of touching up - the builder will have to fix it.

Minor defects do not include things caused by routine wear and tear, by soiling or by damage outside the builder's control. So, for example, if the outside paintwork of your house becomes grey and discoloured this will not be covered. If the central heating stops working because you allowed the pump to run dry, this will not be covered.

These guarantees are transferable when you sell the house.

There are no guarantees if you but a resale property unless it was built less than ten years’ ago. In that case, it will benefit from the residue of the developer’s guarantee. However, this benefit must be specifically transferred to the buyer when they buy the property. This is easy. Your lawyer will deal with it.

The guarantees are from the developer. This may not be the same as the company that built the house - though, if work by a sub-contracting builder was defective the developer should have rights against the builder and you would inherit those rights of the developer went bust.

Conclusion

You either like new property or you hate it. It is usually that, rather than any logical analysis, that will determine what you buy.

If you are buying a new property, your lawyer should make sure that your contract contains all of the necessary clauses protecting your position.

The main thing you will have to think about - if you are not permanently resident in Turkey - is how you're going to deal with the problems associated with any snagging.

Other guides of interest

 Description Link 
Turkey Country Guide
Essential facts and figures about Turkey
Click to see this guide
Buying a Property in Turkey
A thorough guide to buying a house in Turkey
Click to see this guide
Buying an Off-Plan Property in Turkey
Things to think about if you're buying an off-plan property
Click to see this guide
Buying a Commercial Property in Turkey
Things to think about if you're buying an off-plan property
Click to see this guide
Renting a Property in Turkey
What you need to know if you're renting a Turkish property
Click to see this guide

Readers' Comments

 

Further information?

I hope you have found this guide useful. If you need any further help, please contact me.

Başak Yıldız Orkun

30 August 2017


 

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