Thursday, June 20, 2024

When and how to cancel a power of attorney ?

 


In Turkey issuing a power of attorney is very common and used for a variety of situations such as purchasing or selling a property or car, to have a lawyer or accountant represent you or other circumstances where you need or want a 3rd party to represent you.

Issuing a power of attorney is easy and fast with many authorized notary offices in every city. 

But what about recalling and cancelling a power of attorney? How is that done and most importantly, when should it be done?


Lets take a look at this...

Generally speaking only a very small fractions of all issued power of attorneys in Turkey are being recalled since they do not pose a risk to the principal.

As an example you can provide your car dealer with a power of attorney, so that the car dealer can transfer the ownership of the car to your name and issue the license plates.

The risk that the car dealer will abuse this power of attorney by purchasing additional cars in your name is probably very low since that would make your the owner of cars for which you have not paid.


However, in some situations recalling a power of attornee is recommended.

- In case you do no longer cooperate with the attornee and the power of attorney poses a risk to you. 

This could be in case you have given a real estate agent the power of attorney to sell your property, but you do no longer work or cooperate with the estate agent.


- In case you feel that the attornee for what ever reason is no longer trustable and taking care of your interests.

- If you like everything to be clear and trouble free. Then cancel any kind of power of attorney after it becomes obsolite no matter the type or who the attornee is.


Recalling a power of attorney must be done at the same notary where it was issued. 


Recently a digital system has been implemented and an overview your newly issued power of attorneys can be found online.

But only for those with a Turkish ID number and access to the E-Devlet platform.


For older power of attorneys there is no digital tracking system, so you would need to show a copy of the power of attorney to the notary. 


Should you have any questions related to when and how to recall a power of attorney then do not hesitate to contact us.

Remember that it is better to be safe than sorry :-)



Monday, April 15, 2024

Home insurance: What happens when a damage occur?

Many home owners wisely choose to insure their holiday home against damages occuring from water, fire, theft and malfunctions.

But what happens when an actual damage occur and what is the process of solving the issue?

After identifying the damage the insurance company must be contacted. They will ask for pictures and detailed information on the extend of the damage.

The insurance company will then pass on your case to a company that can repair the damage and get an assesment from this company after which they will offer to either do the repairs or pay out a compensation amount to you.

This works quite similar to insurance companies in other parts of the world.

Obviously there might be some difficulties based on language barriers and sometimes the process takes quite a while. But generally speaking the system works well.

The most common types of damages we see are related to "water", such as leaking roofs, water entering apartments due to blocked balcony drain pipes, leaking showers and leaking water pipes.

Remember that 2Base offers an yearly supervision package for your property. Not only will we notice any water damage during our monthly visits to your property, we will also take care of all contact and correspondance with the insurance company on your behalf.




Wednesday, March 6, 2024

Hottest topic of Alanya is about your guests

 


Recently the most discussed topics related to real estate in Alanya is without doubt the amendments to the law about short time rental of privately owned property.

This has led to several other discussions that are also relevant for owners of private properties that do not rent out their property.

Mainly two questions are being discussed....

- When are people that are staying in my property to be considered as commercial rentals?

and

- Must I register my guests with the local authorities and how is that done?

 

On social media platforms a fierce discussion has been going on. So far most information available has been 3rd party information such as "according to.... ", "we were told that... ", "local authorities said that... " and so on.

In this blog post we will take a slightly different approach. We will take a look at the actual laws and form an opinion based on what the laws and regulations say.

Before we start please note this carefully:

- This information is not for those who actually rent out their property commercially.

- By the word "guest" we mean one or more people such as any kind of family, friend or acquaintance that has been allowed to use your property in Turkey on a none-commercial basis while you are not using it.
Or in other words: When you let someone you know stay in your property for free while you are not present.

- By the word "rental" we mean one or more people that use your property and pay for it.

Let us dig deeper into this.

When are guests considered as commercial rentals?

In the law there is no specification of this. The obvious answer to the question must be, that guests are guests and rentals are rentals.
So guests you allow to stay for free, rentals are paying you..

During an info meeting held recently in Alanya it was stated by local tax authorities that "only 1st degree relatives would be considered as none-commercial guests and that everyone else would be considered as commercial rentals."

But when looking at the actual law, there is no such distinguishing between guests and rentals.

So this is a statement not supported by the actual law and from a more logical point of view it does not make much sense that your uncle can not use your apartment while you are away without being viewed as a commercial renter.

It is also important to mention that it is not you that must prove that you are not engaged in commercial rental activities.
It is the local authorities that must prove that you have commercial and paying rentals in your property.

So obviously there is a misalignment between the actual law and what local authorities say. This obviously can lead to some unpleasant situation for everyone involved.
We believe that the actual law will prevail and that you as before can let guests stay in your property without facing any trouble.

Now let us take a look at the second topic.

 

All guests using your property must be registered with police or gendarmerie

At the info meeting held police and gendarmerie informed that "property owners are obliged to keep local police and gendarmerie informed about who is staying in the property while the owner is not present."

But by taking a look at the law no such registration system is mentioned, nor does it exist or have ever existed in recent times.

On social media links to government web sites for doing this registration of guests have been circulating together with physical paper copies for manual registration of guests.

But these websites and forms are all for commercial use and the system is for hotels, camp grounds, boarding schools, hostels and other places that are renting out accommodation.

As a fact, no system for registering private guests exists nor is there any kind of law that requires private people to register anywhere when staying in other privately owner property as a guest, no matter if the property owner is present or not.

A system for registering your home address obviously exists, just like it does in any other country. But that system has nothing to do with registration of the guests in your property.

This is also not a "touristic" thing just for foreigners, since there is nothing in the law that specifies that foreigners are subject to a different set of rules than Turkish people.

Let us try to look at this from a different angle and do a little experiment:

Mustafa lives in Alanya and his childhood friend Kemal lives in Istanbul. Now Kemal goes one week to Ankara to visit his parents. While Kemal is away, he allows Mustafa to travel to Istanbul and use his apartment there.
Will Mustafa register this stay in Kemals apartment anywhere?
Try asking any Turkish person you know, and they will look at you with a strange face and say "Registrer, why? Of course not..."

And there you have your answer.....

So what now?

That is a good question which is hard to answer. Obviously there is a big difference between what is being said and what is supported by facts of the law.

How it could come to this we could really not figure out. But the result has been that wrong information suddenly becomes solid facts.
And when the disinformation is spread via social media and newsletters from estate agents and management companies it is causing a lot of confusion.

We are not saying that we know and understand everything better and more correct than all others.

But we are saying that a lot of the information that is currently circulating is not backed by facts, it is purely based on what someone has heard or what someone said.

That a lot of this misinformation comes from local authorities is unfortunate, but that does not make the information more valid.

This entire blog post should not be taken as a fact sheet, but more as a contribution to the ongoing discussion from the perspective of what the law says.


Should any of you out there have any kind of solid information we would like to hear from you. 

Until more information and clarification is available we would recommend the following actions can be taken.

None of it is required by law, but it might help misunderstandings from happening.


- When allowing guests to use your property, then provide them with a signed letter in Turkish and English that allows them to use the property for free as guests and explain your relationship. Include passport copies of all parties as well as a copy of the title deed.

- Prepare some information that establishes the relationship between the guests and the owner such as photos or posts from social media accounts.

- Inform your administrator, caretaker and maybe your neighbours that guests will visit your property.


Hopefully we will all soon have some clarification and alignment of what is solid information and what is not.

Until that we have to be patient and do not go into panic. Because in reality there is not much to panic about.

With that, thank you for reading!

 


//// Additional info and links ////

The law related to registration is called the "kimlik bildirim kanunu" and is available here:

https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=1774&MevzuatTur=1&MevzuatTertip=5

Even with a simple google translation it is clear to everyone that this law is related to places such as hotels, motels, camp grounds, schools, dormitories, hostels, rental of rooms by either private entities or by public institutions.
In Turkish these places are called "konaklama" which translates to "accommodation".

In the text you will see wording such as "private, public and official accommodation" used.
In this context "private" does not mean your private home. It means privately owned places with accommodation which primarily is hotels, rental apartments, hostels and other privately held places that offer paid accommodation.  

It has no relevance or connection to private properties that have private guests staying.



And before you ask: No, we did not form our opinion based on a google translation. We, two independent lawyers related to our company as well as another independent lawyer not related to our company has all expressed the same legal opinion.

In the "kimlik bildirim kanunu" a few articles have relevance to private persons.


Article 7 describes temporary relocations, such as going to spend the entire summer in your mountain house.

It also mentions that the "head of the family" must register in case the family that he or she represents stay for more than 30 days.
So in case you have guests staying for more than 30 days a registration is needed, no matter if you as owner are present in the property yourself or not.

As a side note, it is worth considering not allowing guests to stay more than 30 days unless you are present in the property yourself.
This because it might be hard to justify why guests, who do not pay rent, are staying +30 days in your property without the owner not being present.
But again, there is nothing in the law that requires guests to stay less than 30 days.
 

In article 11 it is described that complex managers, caretakers and board members in complexes with privately owned properties are obliged to check if any unauthorized people are staying in the units or common areas such as garages and other facilities.


If asked, owners and rentals are obliged to cooperate with managers, caretakers and board members to provide proof of their connection to the complex.


So what does this mean? It means that your caretaker, board members or your administration company has the right to ask anyone present in your complex to identify themselves and provide information on their connection to the complex.


But the initiative to do this lies with the caretaker/ administrator and not with you as owner, guests or visitor to the complex.




Another example that we have seen is that local authorities have told property owners that they should fill the form named "tesis bildirim formu".
An example of that form can be found here, where the chamber of commerce of Malatya has made it available online.

https://www.malatyaosb.org.tr/newsfile/D92DFE5B-2DFA-4025-8A58-AC38B06973CC.pdf

The form is actually not for individual people. It is a form where a place such as a workplace, hotel or any kind of other place provide their contact information to the gendarmerie.

In other words, who should the gendarmerie contact in case they want to speak to the responsible person or manager from that place.

More detailed information about the "tesis bildirim sistemi" can be found here:

https://www.jandarma.gov.tr/kurumlar/jandarma.gov.tr/Jandarma/Uygulamalar/KBS/KBS_Tesis_2_Uygulama_TD.pdf

According to their manual the system is divided into two parts:


Page 11: Konaklayan işlemleri

- This is for accommodation such as hotels, motels, camp grounds etc.

Page 16: Çalışan işlemleri
- This is for staff and personal, most often someone that live where they work or where the workplace is responsible for the accommodation.


Again, this has nothing to do with private homes and their private guests.




 








 

 

Thursday, February 15, 2024

Did you read our new e-magazine ?

 


With the end of 2023, we have prepared a new issue of our magazine. 

In this issue of our magazine, you will see new flavors, trips that we can recommend, articles that you will enjoy reading and new houses that we offer for sale. 

This magazine took a little longer than the previous issues. It contains more pages and more news. 2023 was a busy year at first and then a quiet one. 

We hope that 2024 will be much better for everyone. 

We think you will like our new magazine and wish everyone a good read.








Monday, February 12, 2024

A New Update for You: Floor Plans

 


At 2Base, we continue to make it easier for you to choose the most suitable and fitting property.

This is why we are introducing floor plans for our properties.

Thanks to the floor plans you will be able to see the living space of a house to the finest detail, you will be able to examine many details such as the arrangement of beams and columns, the general and relative positions of the rooms, where the windows are located and much more. 

The size of the kitchen, bathroom and all rooms are now available.

One of the most important benefits of the floor plans we are doing is that you can view them in both 2D and 3D. 

To get access to the floor plan of a property just order the sales presentation of the property via our web site or contact us via email, social media or our chat.

We always strive to provide the most correct and accurate information on our properties. Our floor plans is another step in that direction.

We look forward helping you find your dream home in Alanya.

Keep following us and have a pleasant week.




Monday, January 15, 2024

First up, then down


 First up, then down

 Last couple of years have been quite turbulent for the real estate markets in Turkey and Alanya.

A lot of different topics have been on the agenda and in this blog post we will try to give an overview of the most discussed topics as well as the current status of the market.

 

Current market status

The first part of the year the market started on a high note before coming to an almost complete stop in terms of sales.

Many like to explain the lack of sales with simple explanations that fit into their own agenda, be it a political, financial, business or private agenda.

The correct explanation is as always not that black and white, and the current situation on the real estate market is not due to just one event, but a mix of several circumstances.

 

Lets take a brief look at them here.

 

The perfect storm

In 2022 we saw the perfect storm on the real estate market fuelled by the unfortunate events in Ukraine, Russians deciding to leave their country and settle somewhere else to avoid being called for military service and a market that was already on the rise before the war started.

This led to prices going up by as much as 300% and buyers acting in panic and purchasing whatever real estate they could get their hands on.

Quite naturally we have not entered a quiet period since a peak is always followed by a valley.

Many Russians have decided to leave Turkey again and move on, while those who stay

have already purchased the properties that they need.

Prices peaked at a level higher than what the market can now support, and we are again seeing discounted units and price adjustments on all properties across the market.

The calm after the perfect storm is the main reason why the real estate market in Turkey and Alanya is currently in a limbo without much movement.

 

But there are also other factors that contribute, so let us take a look at them too...

 

Resident permits

Currently buying a property is more or less the only way of obtaining a resident permit in Alanya, since applications done on other terms are all being rejected.

Lately new legislation has been introduced making it even harder since the property purchase needed must exceed a value of 200.000 USD.

This naturally limits the pool of potential buyers who purchase a property to obtain a resident permit.

Furthermore some areas such as Mahmutlar, Kestel, Kargicak and Avsallar are still completely closed down for obtaining a resident permits no matter the value of the property you buy.

 

Short term renting has been closed down

New legislation has also been introduced for those who rent out their properties on short term basis.

Without going into details these new rules make it more or less impossible to rent out any apartment for a period of less than 100 days.

This will obviously hold some investors back from investing in property with the intention of renting it out on short term basis via Airbnb or other short term rental web sites.

At 2Base we do not work with rental properties, but we feel sorry for those businesses and property owners who are doing short term rentals.

Not everyone likes to stay in a hotel, and for them renting an apartment in Alanya for 2, 3 or more weeks is a great opportunity for both the customer and also for Alanya as a city.

This is not possible anymore, at least not in a legal way.

Shame on those who came up with these new laws regarding short term rentals!

 

So what now?

At the moment the market is in a vacuum, waiting to see who will blink first.

Will buyers return soon to get the momentum of the market back and keep the current level of high prices?

Alternatively, will sellers blink first by lowering the prices so that buyers again find the price level attractive?

Currently our best guess is that buyers have the best cards on their hands and we do not see any indication that a new and larger wave of potential buyers will suddenly appear in the market.

So probably prices need to take another dip until investors start to pick up some bargain properties and end buyers looking for a holiday home at the Turkish rivierra again find the price level appealing and within their budget.

 

But who knows, things do not always go as predicted in Turkey and in the end things might turn out completely different....

It would not be the first time that the real estate market in Turkey and Alanya took a turn completely different too all predictions...