Buying Property in Turkey Guide for Foreigners | Arısoy Hukuk Bürosu Batuhan ARISOY

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Buying Property in Turkey

Guide for Foreigners

In accordance with the Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, which entered into force on 18 May 2012, the condition of reciprocity for foreigners who wish to buy property in Turkey is abolished.
Persons with foreign nationality can buy any kind of property (house, business place, land, field) within the legal restrictions.
Both companies and people can buy real estate, and the transaction and handing over of legal rights is only recognized when the title deeds office has handled it.
Persons with foreign nationality who buy property without construction (land, field) have to submit the project which they will construct on the property to the relevant Ministry within 2 years.

According to the Turkish laws and regulations in force, transfer of ownership of a property is only possible with an official deed and registry which is signed at the Land Registry Directorates.

3.What are the Restrictions in Buying Property for Foreigners?

A foreign national (include Kuwaiti) can buy maximum 30 hectares (300.000 sqm/ m²) of property in Turkey in total.
A foreign national cannot buy property in military forbidden zones and security zones. Renting a property in these zones is only possible with special permission.
Within a village or small town, they can purchase up to 10% of the total area of the district where private property is located.

Both seller and buyer have to pay the title deed fee, calculated according to the selling price which cannot be less than the “Property Statement Value” to be issued by the relevant municipality. (According to the Charges Law No: 492, the title deed fee percentage is 4%). Expertise report is required to calculate the value of property.

Other Points to Be Noticed by Foreigners Who Wish to Buy a Property in Turkey:

The foreigner has to inquire with the Land Registry Directorate if there is any limitation on the property, such as mortgage, arrestment or any obstacle which prevents the sale of the property.
The title deeds office will not approve the transfer of ownership if there are limitations on the property such as local council debts or mortgages.
If the application by the foreigner for buying a property is rejected, the act can be appealed to the relevant Regional Office of the Land Registry Directorate.
Having a residence permit is not a condition for the foreigner who wishes to buy a property in Turkey.
If there is a disagreement between the sides on the sale of the property, the case has to be brought before the Turkish courts by referring to judicial authorities.

If the foreign investors hold, individually or collectively, 50 % or more shares of the said company,
If the foreign investors do not hold any share of the said company, but have a right to assign or remove the managers of the said companies on the condition that the said company has a legal personality in Turkey, could buy property in Turkey in accordance with Article 36 of Land Registry Law No. 2644 and the “Decree on Acquisition of Property and Limited in Rem Rights by Companies and Corporations within the Context of Article 36 of Land Registry Law No. 2644”, dated 16.08.2012.
The Land Registry General Directorate has published a circular No. 2012/13 (1735) on “acquisition of property and limited in rem rights by companies with foreign capitals”.

A preliminary application should be made to the Land Registry Directorate. It is required to take a sequence number for preliminary application. For this, you can call 181 or make an application at https://randevu.tkgm.gov.tr/ or hire someone to help you.
Following preliminary application, a date is determined for the transfer transactions between the seller and the buyer.

Title deed of the property
Passport of the foreigner who will buy the property and photocopy of the passport (Turkish translation of the passport will be required)
After notarizing passports, it is necessary to obtain tax number,
“Property Value Statement Document” to be provided from the relevant municipality,
Expertise report,
Compulsory earthquake insurance policy for the buildings such as house, office, etc.
1 photo of the seller, 2 photos of the buyer
Seller’s Turkish ID.
Certified and recognized land registry translator if the buying foreigner cannot speak Turkish
If the transfer transaction is carried out with a power of attorney prepared abroad, the original or certified copy of the power of attorney issued in Turkish embassies or consulates around the world (Turkish translation of the power of attorney is required).

When a Turkish person buys property, payment and signing for title deeds (Tapu in Turkish) take one to three days. Foreigners usually complete the process in roughly one to two weeks.

If the properties are acquired in violation of laws;
If the relevant Ministries and administrations identify that the properties are used in violation of purpose of purchase;
If the foreigner does not apply to the relevant Ministry within time in case the property is acquired with a project commitment;
If the projects are not materialized within time.

Foreigners who buy real estate in Turkey for 250.000 American Dollars and their families can get Turkish citizenship. The foreigner himself/herself and his/her family will have the right of Turkish citizenship within six months. In other words, the gates of citizenship are open to foreigners who buy a house in Turkey.
In addition, you can get 3 years residence permit for yourself and your family by buying property.