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The laws regarding buying or selling a vehicle in Turkey were amended on the last day of 2009. Before then the vendor and purchaser declared their respective addresses on the purchase agreement, and a notary public then proceeded with the transaction. Since January 5, 2010, the notary public is required to take the address of the parties as recorded on the KPS system, irregardless of whether this is the actual current residence of either party.
The Kimlik Paylasim Sistem, or KPS for short, is an ‘Identity Sharing System’ enshrined in law in 2008. Its purpose is to establish an address-based registry of the Turkish population. This system takes as its starting point the citizen identity number issued to each Turkish citizen. Non-Turkish citizens do not have a KPS registered address, nor do they have a Turkish identity number.
These laws have had an unfortunate unintended consequence for non-Turkish citizens who wish to buy or sell a vehicle in Turkey. Some notary publics have incorrectly taken the confluence of this legislation to mean that non-Turkish citizens may neither buy nor sell vehicles in Turkey. This is an obvious injustice in law, and one which is not a correct interpretation of the legislation.
Non-Turkish citizens who hold residence permits for a minimum of six months will have been given a temporary Turkish identification number. Consequently, they would be registered with the KPS system. The problems arise for those non-Turkish citizens who do not hold this residence permit for whatever reason. In this case, the notary public is required to take as their address that given by statement to them. In other words, a non-Turkish citizen who has entered the country on a tourist or other short stay visa may legally give the address of their choice for purposes of this transaction. There is no requirement for inclusion in the KPS system, as it does not apply to these individuals.
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