Foreigners wishing to purchase real Estate in Turkiye Should Know
In Turkiye In Turkiye, the purchase title titles for property ownership may only be approved upon registration with the directorates of land registration.
Preliminary contracts for real estate made by notaries or signed by natural persons in writing, don’t confer transfer of property as such. They serve only as an obligation to transfer ownership of the property; it is not the case that the property in question does not transfer ownership through these instruments.
For burdens like mortgages, liens, or similar types of restrictions that may exist in relation to the property that could hinder the sale of that property should be checked prior to the initiation of procedures at the respective directorate of land registration.
Inquiries about properties may be made online at parselsorgu.tkgm.gov.tr, where specific details of the city, district, quarter/village, map section, and plot may be used to look up the property. The most basic information regarding the property’s real estate value as well as its status, is thus accessible online from any location in the world. The personal information of the owner isn’t accessible however.
Foreign nationals are not required to obtain a residence license as a prerequisite to purchase property in Turkiye. Foreigners who buy properties in Turkiye can obtain permanent residence permits for a short period of time under Law No. 6458 on International Foreigners and Protection.
Anyone who is legal or natural intending to acquire real property in Turkiye must submit a request for an appointment with the General Directorate of Land Registry and Cadastre together as the proprietor of the land. In addition, they may call at the Alo 181 Call Center, which is open 24/7, or visit randevu.tkgm.gov.tr to make an appointment without needing to visit directorates’ offices personally.
Turkish companies with foreign capital however, should first file an application with the Provincial Directorate of Planning and Coordination (PDPC) at the local governor’s office , where the property is. Once granted a positive response from PDPC, they should then make an application at the Land Registry Directorate. The companies can apply in person, by post or email.
General Information
In Turkiye, the term “foreigner” is defined in three categories related to the purchase of real estate:
Foreign natural persons
Foreign legal entities
Turkish companies with foreign capital
Section 35 of Law No. 2644 and the Land Registry sets out provisions concerning the acquisition of real estate by foreign natural or legal entities. Article 36 sets out provisions on companies with foreign capital.
The countries whose citizens are qualified to purchase real properties in Turkiye are decided by the Ministerial Cabinet of Ministers, who may decide to set special conditions for purchase if appropriate.
If granted permission natural persons of foreign origin can purchase real estate in areas where private property is permitted (residential commercial, commercial, land lot, agricultural etc. ).
If the real estate acquired does not include any construction that was previously constructed, the owner of the foreign-owned property must apply to the relevant public administration within two years to create a plan.
A natural person of foreign nationality can purchase real property and limited rights to the rem of anyplace in Turkey of up 30 acres. It is possible that the Cabinet of Ministers may grant greater areas, if it is deemed necessary.
Natural persons of foreign origin may not purchase and lease real estate within prohibited military zones or military security zones. However, they are able to obtain and lease real estate within special security zones upon approval of the governor’s office.
Acquisitions by natural people from a foreign country cannot exceed ten percent of total district area , if private property is allowed. Foreigners’ requests for acquisition will not be accepted even if the ten-percent limit exceeds.
In Turkey there are only companies that trade that are incorporated in accordance with local laws in their countries and having legal personhood can obtain real estate and have limited rights in rem in foreign legal persons. Legal entities other than trading companies (foundations, associations etc. ), on the other side, are not able to acquire real estate and may not have rights in the property.
Acquisition of real estate by trading firms which are established in other countries according with the law of those countries and possessing legal status, on the other hand, is granted in certain circumstances and is only permitted when stipulated under the provisions of international agreements or other special laws. One of the codes specifically inclusive of provisions on this subject is Law No. 6491 on Turkish Oil, Law No. 2634 regarding Tourism Incentive, and Law No. 4737 on Industrial Zones.
Note: When it comes to mortgages, an exception has been made, allowing no limitation as to the mortgages to be created over property in the favor of legal and natural persons.
Companies that have been established in Turkey as a legal entity are classified as part of foreign-owned businesses in accordance with the following rules:
Foreign investors own fifty percent or more of the shares, or
Foreign investors are entitled nominate and remove most of the directors of their company.
They may also acquire properties and rights to a limited extent in rem, in order to be involved in the activities specified in their constitutions.
In order to do this, companies are required to first submit an application to the governor’s office in which the property is situated.
However in the event that the property that is to be purchased is in a military zone that is prohibited or a security zone for military, the real estate acquisition must be subject to approval from the General Staff; and if the property is located in secure private zones, it must be subject to approval of the governor’s office in the respective region.
If the application is approved for settlement of the application to purchase real estate, the governor’s office will inform the company/enterprise in writing and the Land Registry Office in writing so that the registration may be carried out.
The following steps do not require approval from the governor’s office, therefore the application to the Land Registry Office may be directly made without seeking permission.
In the process of mortgage creation
Real estate acquisition within the scope of paying off a mortgage the person who is the mortgage’s beneficiary
Transfer of ownership in real estate and limited rights in rem arising out of mergers between companies and demergers
Acquisitions in industrial zones with organized structure Industrial zones, industrial zones, technology development zones, and free zones
The acquisitions that are made due to transactions considered as loan within the scope of applicable banking legislation or for the purpose of collection of receivables
In Turkey, foreigners’ right to inherit is protected. In the event of a foreigner’s death the real estate that is owned by them passes onto their beneficiaries. If the inheritor is qualified to take possession of the property (if they are eligible in terms of nationality and if the total limitation conditions per individual and across the country permit) the beneficiary may retain the inherited property. In other cases, the person has to transfer the real estate immediately. In the event of a delay it is the responsibility of Ministry of Treasury and Finance will sell the property and pay the cost to the heir.
Natural persons of foreign origin are permitted to gain Turkish citizenship by means of exceptional procedures upon purchase of real estate valued at USD 250,000 and more.
To achieve this, foreigners:
Shall purchase real estate in the amount of at minimum USD 250,000
Should state in the application to purchase, that they bought the real estate to be used for this purpose. the title deed must state this purpose, and the foreigner should declare that they shall not sell the real property for three years within the area of the form where the declarations are made.
After the procedures for registering land are complete after which the foreign national is able to apply to the appropriate authorities for the right of residence or citizenship by submitting the certificate of eligibility that will be issued for the owner.
Land registry of the real estate, as well as information about the quarter/village, maps section construction, plot and separate sections
Passports or photo IDs issued by the country in that the tourist is citizen (notarized and certified translations must be provided for ID cards and passports issued in different alphabets than Latin alphabet)
If the process involves representation, document regarding representation (order concerning guardianship, letters of authorization or power of attorney, etc.)
Document describing the current market value of real estate issued by the municipality in question
The mandatory earthquake insurance policy must be in place for buildings
A photo of the seller and two images of the buyer (taken within the period of six months prior to the sale, size 6×4 cm)
A certified interpreter is required if a participant does not speak Turkish
If the procedure will be handled by a third-party authorized by a power of attorney issued abroad, it is necessary that the authority must include the authorization that relates to the procedure that is to be conducted. Additionally, the power of attorney must meet the following requirements:
They are issued in the name of Turkish consulates with discretion regarding real property
The authority responsible for the issue is able to issue power of attorneys internationally
It is issued in the language of the country in which it is issued
Includes the photo (with a clear seal and signature above the image)
This includes the apostil, in the event that it is issued in a country that is a party to the Hague Convention
Must be accompanied by a certificate of the signature of the official signing the authority by the relevant authority and the seal of this authority must be verified from the Turkish Consulate in the event that the authority was issued in a country which is not a party to the Hague Convention
The application should also include a an official notarized and certified Turkish translation of the power of attorney which conforms to the criteria required.
The Exceptional acquisition of citizenship
With (b) prefixed to the first paragraph of Article 12 of the Law No. 5901 promulgated on the 28th of July 2016, and
The applicants who are granted a residence permit under (j) of the first paragraph of Article 31 of Law No. 6458, through investing within the limit and amount that is determined by the President
Foreigners who hold the Turquoise Card
It is possible to obtain Turkey citizen by investment based on the decision of the President of the Republic of Turkiye.
The scope and the amount determined as per the new regulations that were published by the Official Gazette on 18 September The following definitions are in effect. Foreigners who satisfy any of the following criteria may be eligible to apply for Turkish citizenship subject to the approval of president of Republic of Turkiye:
Making a Minimum fixed capital expenditure of $500,000 or equivalent foreign currency, as certified by Ministry of Industry and Technology. Ministry of Industry and Technology
A property that is worth a minimum of USD 400,000 or equivalent foreign currency that has a title deed restriction on its sale for at least three years, as affirmed in the Ministry of Environment, Urbanization and Climate Change
The creation of jobs for at least 50 people, as attested by the Ministry of Labor and Social Security
The minimum amount that is USD 500,000 or an equivalent amount of foreign currency with banks operating in Turkiye with the condition that it is not deducted for at least three years, as attested through the Banking Regulation and Supervision Agency
Government bonds that are worth at least USD 500,000 or the equivalent in foreign currency under the conditions that they are not sold for at least three years as attested from Treasury and Finance Ministry. Ministry of Treasury and Finance
The purchase of real estate investment funds shares or venture capital investment fund shares with a minimum value worth of USD500,000, or the equivalent in foreign currency subject to the conditions that they are not sold for at least three years, as attested from the Capital Markets Board of Turkiye
Making a minimum deposit that is USD500,000 or similar foreign currency in funds approved by the Insurance and Private Pension Regulation and Supervision Agency with the condition of remaining inside the system of pensions for at least three years, as verified with the Insurance and Private Pension Regulation and Supervision Agency
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