The following is the English translation of the Republic of Turkiye Ministry of Foreign Affairs’s Turkish language guide for foreign residents of Turkey. The link to the original document is provided at the bottom of this page.
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FOREIGNERS’ GUIDE TO BUYING REAL ESTATE IN TURKIYE
This guide aims to help real persons of foreign nationalities prevent problems in acquiring real estate property in Turkiye.
1. Legal Basis
As per the provisions of Article 35 of the Land Registry Law No. 2644 amended by Law No. 6302, which entered into force in May, the requirement of reciprocity no longer applies to the acquisition of real estate property in Turkiye by real persons of foreign nationalities. You may seek information from the Turkish Embassy or Consulates General in your country or the representative offices of your country in Turkiye about the possibility of acquiring real estate and limited real rights in Turkiye. It would be appropriate for foreign real persons to pay attention to the following issues to avoid potential losses when purchasing real estate in our country.
2. Formalisation of Agreements
According to the governing legislation of Turkiye, it is essential that formal agreements for the purpose of transferring the title of real estate properties be formalised at the Title Registry Offices of the locality of the real estate property. Moreover, entering into a “promise to sell (agreement)” in the presence of a notary public prior to formal sale and purchase.
The title of a real estate property that has been sold with a promise to sell agreement shall transfer only after registration with Title Registry Offices.
3. Legal Restrictions on Foreigners’ Acquisition of Real Estate
A. The foreigners may buy real estate properties in Turkiye to use as workplaces or residences subject to legal restrictions. However, the total surface area of all real estate properties owned by a foreign national in Turkiye shall not exceed 30 hectares, even if such real estate properties are located in multiple provinces.
B. Permission must be sought from the local military authorities as well prior to any purchase of real estate by foreign nationals. Because purchase by a foreign national shall not be possible in the event that the subject real estate is in any secure zone, ascertaining this aspect prior to making a payment is important.
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4. Useful Information
A. Foreign nationals visiting respective title registration offices to register their purchase of real estate properties shall bring:
- their identification documents or passports;
- their residence permits issued by respective law enforcement directorates for foreign residents whose right to purchase a real estate property is subject to a residential permit;
- original or an attested true copy of their power of attorney documents together with their translations if the transaction is based on a power of attorney issued by an authority abroad.
B. Prior to the formalisation of sale and purchase agreements, foreign nationals must check with the respective title registration office whether the real estate property is registered with limited real rights and whether it is subject to any lien or other restrictions of purchase and sale.
C. Foreigners willing to purchase real estate properties in Turkiye would better not:
- sign legally binding agreements or make any payments for any real estate property without seeking information from the respective title registration office -for which the foreign citizen will have to prove that they are a concerned party; and
- initiate any transactions without doing the due diligence regarding the selling parties, persons or companies and/or work with any persons or companies that fail to prove their reliability and trustworthiness.
In the event of any disagreements regarding the sale and purchase, the case must be brought to a court, and litigation must be filed with competent Turkish courts. Neither the Turkish Ministry of Foreign Affairs nor our foreign representatives shall interfere with the judicial process.
Translated by our expert Chartered Linguists / human translators from the Turkish original at: https://www.mfa.gov.tr/yabancilar-icin-rehber.tr.mfa