What is a Power of Attorney?
When buying a property in Turkey, a Power of Attorney (POA in short) is commonly utilized to avoid the time-consuming journey required to complete the title deed transfer formalities.
Powers of attorney should be granted only by licensed real estate agents or registered and recognized lawyers. It is best practice to limit the scope of a power of attorney to only those powers that are absolutely essential. To buy a property and set up utility subscriptions such as water and electricity on your behalf is typically included in this type of power.
Types of Power of Attorney in Turkey
Despite the fact that there are several ways to give a power of attorney, there are two that are particularly relevant to Turkish real estate purchases:
Limited Power of Attorney: In this case, the solicitor has a specific and personalized authority to act on your behalf in prespecified transactions. The most common method used by foreign buyers of property in Turkey is to establish a limited power of attorney.
General Power of Attorney: this grants the solicitor the authority to represent you lawfully in any and all cases. It is strongly recommended not to grant a POA with full powers.
Giving A Power Of Attorney in Turkey
The power of attorney may be issued at any Turkish notary. The POA form will be prepared for you when you visit the notary office with the required documents. Because all paperwork relating to notary office transactions is in Turkish, a sworn translator is required for non-Turkish speakers. The sworn translator employed by the notary office will translate the content on the POA papers. Following the completion of the relevant paperwork and signatures, you will need to pay the applicable fees to receive your receipts.
Giving a POA in Turkey from Abroad
Notary public services are provided by every Turkish embassy and consulate overseas. A POA can be signed without the attorney’s presence. As a condition, a photo of your passport and a copy of the proxy’s ID may be required. Giving a POA from abroad can be done in two ways:
- You can provide a POA at the Turkish consulate in your country after scheduling an appointment online; the procedure is the same as for a POA given within Turkey. You then send it to your Turkish proxy through the mail. Turkish consulates may be found in many cities around Europe. There may be a Turkish consulate or embassy in the capitals of Middle Eastern countries.
- As an alternative, countries that have signed an apostille agreement with Turkey can use this second solution instead. You can go to a notary office in your country, and then take your POA to a competent authority, such as the district governorate or the municipality, where it will be apostille-certified. As the last step, you must send the paperwork to Turkey, where they must be notarized, and an essential aspect is that some POA’s are legitimate only if they include photographs. Ask your notary to include a photo of you on this POA, as requested. Since a Turkish tax ID number is required for granting POA, when applying from outside Turkey, your passport number replaces your Turkish tax ID number. It is made sure that you also provide the POA authority to get a tax identification number on your behalf in this circumstance.
Required Documents to Give a Power of Attorney
- Turkish tax ID number.
- Valid passport.
- Notarised copy and translation of the passport.
- The ID of the individual who will be given the authority.
- 2 Photographs.
What Does a POA Cost?
When it comes to POA issuance, the price is directly proportional to how much text is included in the document. The cost of word character numbers is computed once the POA has been written at the notary office.
What are the Advantages of Buying a Property in Turkey with a Power of Attorney?
As a foreigner buying property in Turkey who cannot constantly be present in Turkey or wish to save time, you can benefit from granting a power of attorney to achieve the following:
- The solicitor will complete your purchase of the property.
- Assistance with the sale or rental of your Turkish property.
- You may wish to have your property managed for rental and vacation rental purposes.
- You can have bank transactions carried out on your behalf.
- Investment decisions can be made on your behalf.
- Taxes can be taken care of.
- Making legal claims or conducting litigation can be done on your behalf.
What to Consider When Giving a Power of Attorney in Turkey?
Before providing power of attorney for a real estate purchase in Turkey, there are several aspects to keep in mind:
Who to Choose as an Attorney: It is strongly recommended that you ensure that the person to whom you entrust authority and power is competent. Legal and real estate professionals, such as those at Nevita, are bound to act in your best interest, and we encourage that you consult them.
POA Specification: It is advised that only the powers that are absolutely necessary are granted. As an example, the POA just needs to sign title deed papers and arrange for utility subscriptions when buying property in Turkey. If the POA merely has the authority to purchase a property and receive water-electricity subscriptions, an attorney cannot infringe on your rights. Giving someone the authority to sell your property is something you should consider carefully.
POA’s Validity Period: A power of attorney can be valid for an indefinite amount of time as long as it is clearly specified in the document. A POA is only effective until the date specified in the expiration clause. If you issue a general power of attorney with no expiration date, it is effective until you die or become incapacitated.
Regarding Legal Transactions: A power of attorney can be used to complete any legal transaction. Except in the following circumstances, it is mandatory that your attorney is a lawyer. If you intend to take any action at the immigration office or want your legal documents sent to or collected from the court system.
How to Cancel Power of Attorney?
Cancellation of a real estate power of attorney in Turkey is possible at any moment. You must show a copy of the POA or provide the date it was issued in order to gain authorization. Simply notify a Turkish consulate or notary office that the power of attorney is canceled and provide documented proof. All original documents should be returned to you, and the bank must be informed that the documents have been revoked and are no longer valid.
Granting Power of Attorney in Turkey with Nevita ®
The importance of specialist advice cannot be overstated. For this reason, Nevita ® recommends that you hand over a power of attorney for a property purchase to a professional. Nevita’s qualified specialists are responsible to advocate your best interests and carry out the necessary documentation procedures on your behalf.