Power of Attorney When Buying Property in Turkey
Power Of Attorney (shortly POA) is a commonly used instrument to avoid the necessary but time-consuming travel for the title deed conveyance processes when you buy a property in Turkey. When you hand POA to someone, you are effectively saying by law "You may act on behalf of me for these powers" and for all transactions that are carried out with a POA given by you, you will be responsible yourself. Therefore, it is advisable to give Power of Attorney only to professional estate agents or registered and certified solicitors. Also, it is advised to give POA for a limited period of time and for only the powers which the attorney would need. It is strongly advised not to give a general POA that contains full powers.
A Power of Attorney should only contain a power for necessary procedures and nothing else. This typically includes the power to buy real estate on your behalf as well as obtain electric and water connection. An attorney can not harm your rights if POA has only "the powers of buying property and water-electricity subscriptions". You should consider twice when you give the power of selling property!
Antalya Homes advises property buyers when issuing a POA, "leave the job to its experts". Professional guidance is a key point. We have our own template POA's for buying real estate in Turkey which contains the exact powers necessary for a comfortable buying process. An estate agent makes it a secure and easy journey. We have had a huge experience and reputation of "Zero Failure" since 2004. Watch our customer reviews.
Issuing a Power of Attorney
You may issue the power of attorney at all notaries in Turkey. Authorizing a Power of Attorney takes two hours and is witnessed at any notary office within Turkey.
Foreigners who don’t speak Turkish will need to use a sworn translator, registered with the notary office. Turkish notaries have sworn interpreters who will be ready at the notary offices within 15 minutes when they are called. Each Turkish embassy and consulate act also as a notary abroad with an appointment. You do not need the attorney to be present when issuing a POA. You might need the proxy's ID details, your passport, and in some cases your photo.
Turkey is a part of "The Hague Apostille Convention". If your country is also in this convention, you may use any local notary for giving a POA. Your estate agent may supply you template POA for the necessary powers. After issuing this POA at a notary in your country, you need to apostille the competent authorities like district governorate, municipality, etc. The critical point is some POA's are valid only with photos in Turkey. Please ask your local notary to add your picture to this POA as demanded.
FAQ about Power of Attorney in Turkey
Q: What is a power of attorney?A: POA is a legal document that allows a person (the proxy) to act on behalf of another person (attorney) under a notarial witness. The proxy has the legal authority to sign on behalf of the attorney for decisions regarding the attorney’s property, finances, or medical care.
Q: What are the required documents to issue a power of attorney?A: When giving POA in Turkey, you will be asked for your original passport and the translation of it, your tax number, and two passport pictures (for some transactions only).
Q: How can I give a power of attorney in Turkey?A: When you go to a notary office with the required documents, officers prepare the POA for you. A certified interpreter of the notary office will translate the information on the POA papers. After the signatures, you will pay the fees and get your receipts.
Q: Why do I need an interpreter to issue a power of attorney in Turkey?A: All documents of notary office transactions are in the Turkish language and it is an obligation to have a certified interpreter translate the information on the papers before the signatures.
Q: What is the cost of giving a power of attorney?A: The cost of giving a POA depends on what is written on the POA papers. Notary offices have certain prices for word character numbers, the price is calculated after the POA is written. You can check our up-to-date expenses page.
Q: Can I give a power of attorney if I am not in Turkey?A: Yes. There are two ways of giving a POA from abroad. These are;
• After you make an appointment, you can go to the Turkish Consulate in your country and give a POA. Then you post it to your proxy in Turkey.
• This second option works only for the countries that have an apostille agreement with Turkey. You can go to a notary office in your country to issue a POA. Then you take your POA to a competent authority (district governorate, municipality, etc.) to make apostille. Afterward, you post the documents to Turkey. The documents are taken to a notary office in Turkey for notarized translations. The critical point is some POA's are valid only with photos. Please ask your local notary to add your picture on this POA as demanded.
Q: Whom can I give power of attorney to in Turkey?A: You can give a POA to any person over the age of 18 in Turkey.
Q: Can children under the age of 18 give power of attorney in Turkey?A: Children under the age of 18 can give a POA only when their parents sign.
Q: When is it compulsory to have a picture for the power of attorney?A: For POAs which give "selling power" must have an attorney's picture. It is not required for other types of POA.
Q: Can I give a power of attorney to someone to withdraw money from my bank account?A: Yes. Bank transactions can be done with POA in Turkey.
Q: A tax number is required to issue a power of attorney. How does this work if I give a power of attorney when I am abroad?A: Your passport number is used in place of your tax number when giving a POA from abroad. In such cases, you should include the power to get a tax number in the POA, in this way your proxy can get your tax number on your behalf.
Q: How many attorneys can give power of attorney to one proxy?A: There is no limit for the number of people that can give POA to the same person.
Q: What kind of transactions and services can be carried out with a power of attorney?A: Any and every kind of leal transaction can be carried out with a POA. However, you should know about the following exceptions:
* If you want your legal documents to be delivered to or received from the courts, your proxy must be a lawyer.
* If you want to get any transaction done in the immigration office, your proxy must be a lawyer.
A Sample Power of Attorney Document
The below is an example of a Power of Attorney in Turkey that authorizes Antalya Homes to buy property in Turkey and get water and electric connection on your behalf.
I, the undersigned representative of ANTALYA 13th NOTARY PUBLIC AHMET O.............., authorized signatory Head Clerk NAMIK DAVASCAN, was approached by (CUSTOMER NAME) while carrying out my duties at FENER MAH. BÜLENT ECEVİT BULVARI, NO: 70/A KURT APT., LARA / ANTALYA, who presented his / her (................... details of identification presented.........................), who verbally requested through a translator that a power of attorney be prepared.
As it was not possible to communicate with him/her, I selected the authorized translator of our notary public Ali V... V..., who I knew would be able to communicate with him/her to act as interpreter.
I learned through the interpreter that the relevant person possessed the required authority to undertake the said procedure, that he / she did not speak Turkish, but that he/she was literate. He/she made the following request through the said authorized translator, who I knew to possess the necessary skills, and evidence of whose identity was presented to me in the form of his identity documents.
PURCHASE OF PROPERTY: I do hereby appoint BAYRAM TEKÇE, holder of T.R. Identity No:..........., whose father's name is .........and mother's name is......., and who was born on ............in Kdz. Ereğli, as the qualified and authorized person to act on my behalf in the following matters:
To make the necessary applications to the various organizations and authorities in order to obtain the required permissions so that I may be able to purchase land and property within the boundaries of the Republic of Turkey.
To track all of the procedures I would need to track on this matter; to present and collect documents in person; to prepare and sign petitions; to request and collect any documentation to be prepared in my name on the above-stated matter; to pay all duties, and receive back any which have been overpaid.
To collect the necessary documents from the Land Registry and present them to the foreign nationals branch of the police in order to obtain a residence permit; to undertake the necessary written communication; to obtain a taxation number in my name; to purchase any land or property within the boundaries of any of the districts and villages of the province of ANTALYA, at any time he wishes, for whatever price, under whatever conditions, at whatever location, and from whosoever - whether it be private individuals or legal entities - he wishes.
To pay the purchase price; to accept any assignments to be made in the presence of the relevant land registry director or authorized officer; to sign the title book and records and all documents; to request registration; to collect the title deeds; to make arrangements for electricity, water, and natural gas to be connected to the property he is to purchase; to prepare and sign the contracts for these in the presence of the necessary authorities.
To make declarations and submit petitions; to protect my interests and rights with regard to this property; to send all types of warnings to third parties; to carry out all of the required legal and other procedures in connection with the above-stated matters, in the presence of all official organizations and authorities, and to sign them.
To give undertakings to the necessary authorities and organizations, that under the principles of reciprocity, the independent and permanent limited real rights over properties which I will procure within the boundaries of the Republic of Turkey will not exceed 2.5 (two and a half) hectares, and that should it be determined as otherwise, I unconditionally accept and undertake that the excess properties be sold in return for cash.
To prepare and sign any documents necessary in this respect; to obtain the necessary written permissions from the Ministry of Defence or the authorized military organizations, the Land Registry General Directorate and relevant Land Registry Directorates or the relevant organizations and authorities, in order that I may obtain property within Turkey; to undertake all of the necessary written communication, and to make and accept declarations."
The written statement has been read by the interpreter to the relevant party. The relevant person declared through the interpreter that what was written on the statement is in accordance with his / her wishes, and the statement has been signed by the relevant person, the authorized translator, and by myself. The twenty-first day of the month of February in the year two thousand and twelve 21.02.2012.
DECLARATION BY THE INTERPRETER: I have communicated the wishes of the relevant party who speaks ENGLISH to the notary public. I have translated the above statement written by the notary to the relevant party. He/she has stated that the above is in accordance with his / her true wishes. And I hereby declare that the relevant party has accepted this statement and signed it in my presence.
AUTHORISING PARTY: TRANSLATOR ALİ V..... T.R. No: ....................................
and YOUR NAME and SIGNATURE.