The Process of Acquisition of Property by Foreigners in the TRNC
Legal Basis
Within the framework of the Law No. 52/2008 on the "Acquisition of Immovable Property and Long Term Rental (Foreigners)" adopted by the TRNC Republic Assembly on November 10, 2008, foreign national real or legal persons, provided that official transactions and legal applications are made, may be approved by the Council of Ministers. Depending on the situation, they have the right to purchase or long-term lease of immovable property from our country.
Foreigners who are going to purchase or lease immovable property in the TRNC must apply to the Ministry of Interior in order to purchase immovable property and be legally entitled to that property, and must obtain the approval of the Council of Ministers as a result of the investigations to be made by the Ministry. The approval process varies according to the nature of the application and is usually completed in 2 to 6 months.
Important Considerations
It is recommended that foreign nationals be careful about the following issues in order not to experience any grievances;
- The property status of the property to be purchased should be learned and it should be known in advance whether the immovable property is a detached or joint/shared property.
- Mortgage, lien, etc. on the immovable property to be purchased. Issues such as whether there is a restriction or whether there is any personal statement or situation that prevents the sale of the real estate should be checked from the relevant Land Registry and Cadastre Office.
- It is not recommended to work with people or companies that are reliable, expert and not registered in the sector and/or not registered with the relevant authorities. It is recommended that the buildings built by the contractors registered with the KTİMB and the Construction Committee should be preferred.
- In order to protect the legal rights regarding the issues included in the contract to be made between the owner and the buyer, it is recommended that the contract be certified at a registered notary office, and in case of obtaining legal opinion from a lawyer's office before signing the contract.
- First of all, it is recommended to learn all the technical specifications and details of the project related to the immovable property to be purchased, and then to sign a contract. It should be noted that once the contract is signed, the project is binding on both parties.
- If the immovable property to be purchased is still in the construction phase, it is recommended to find out whether the contractor firm has obtained the Construction License permits related to the project.
- If the immovable property to be purchased is a 'completed land', it should be learned whether it is a shared or detached property and the transfer conditions. If the immovable property is still in the nature of a 'parceling project', it should be ensured that the construction permits of the contractor company regarding the project have been obtained.
- It should be noted that in the event of a dispute between the parties regarding the immovable property, the situation can be transferred to the judicial authorities in legal and healthy conditions and the buyer will not suffer any grievances, only with a correct, comprehensive and legally concluded contract.
- What is included in the total sales price of the immovable property to be purchased should be well understood, and all applications and figures should be clearly stated in the contract to be made between the parties. Everything promised to the buyer must be included in the contract and an official application must be made to the Land Registry and Cadastre Office within 30 days by paying all the fees related to the contract.
Required Documents During the Purchase of Immovable Property
- 1. A petition addressed to the Ministry of the Interior.
- 2. Filling the information form.
- 3. Copy of passport or ID.
- 4. A copy of the title.
- 5. Floor plan. (area will be marked)
- 6. A criminal record certificate (original) from his/her home country.
- 7. A copy of the contract, if any.
- 8.Applications made with a power of attorney must have a stamp stamp of 45.00 TL.
- NOTE: All documents to be photocopied must be legible. (The share ratio of the immovable property to be taken should be stated in the petition.)