№ 35. Real Estate Registration

"ARTICLE 35 — Foreign natural persons, who are the citizens of the countries determined by the Council of Ministries, may have immovable and limited real rights provided that they will comply with legal limitations and when it is required by international bilateral relationships and country interests. Total area of the immovable obtained by the foreign natural persons and limited real rights with continuous quality, cannot exceed ten percent of district surface area subject to the private ownership and thirty hectares per person throughout the country. Council of Ministries is authorized to increase the amount that can be obtained per person throughout the country up to two times more.

Commercial companies with legal entities which have been established in foreign countries as per their own laws can only obtain immovable and limited rights within the scope of special law provisions. Others except indicated commercial companies cannot obtain immovable and no limited rights can be established in their favor. Related to the establishment of immovable pledge in favor of foreign real persons and indicated commercial companies, limitations involved in this article, are not applied.

Council of Ministries can determine, limit, partially or completely suspend or forbid immovable and limited real right acquisition of the commercial companies and legal entities established as per rights of the foreign countries in their own countries along with foreign real persons in the events required by the country interests in terms of country, people, geographical area, period, number, rate, type, quality, area meter and amount.

Foreign real persons and commercial companies with legal entity established as per laws of foreign countries in their own countries, have to submit the project, which they will develop in the unstructured immovable they purchased, for the approval of related Ministry. The project, which is approved by determining its starting and completion period by the Ministry, is sent to the directorate of land registry, which the immovable is located, to be registered in the statements section of the land register. The fact that whether the approved project is actualized or not actualized within its time period, is followed by the related Ministry.

Map and coordinate values that belong to military forbidden zone, military security zone and strategic zones, are given by Ministry of Defense within latest one year as of the effective date of indicated law and within one month as of the date, which changes of map and coordinate values that belong to the alternation decrees of the indicated areas, are made and map and coordinate values that belong to special security areas and alternation decrees are given by Ministry of Interior to the Ministry, which General Directorate of Land Registry and Cadastre is connected, within the same period. Title deed proceedings are managed as per documents and information sent as per indicated paragraph after one year as of the enforcement date of indicated law.

Immovable and limited real lights gained by inheritance outside of the limitations within the scope of first paragraph of this article along with the ones, which are not applied to Ministry within its time period or which projects are not actualized within its time period, which are determined as to be used contrary with its purpose by Ministry and the administrations, which are gained contrary to the provisions of this article, are liquidated and transferred into a price and the price is paid to the right holder if they are not liquidated by its owner within a period to be given by Ministry of Finance, which does not exceed one year."

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