Acquisition of Real Estate by Foreigners in Turkey

Foreigners who are not Turkish citizens can also acquire immovable property in Turkey under certain conditions.

While the reciprocity condition was sought for foreigners who could acquire real estate in Turkey before, this condition was abolished with the amendment made in the Land Registry Law No. 2644.  Reciprocity; In international law, it refers to the mutual practice between states. Accordingly, in the previous practice, only citizens of countries where Turkish citizens could own property could acquire property in Turkey. However, this condition is not sought in the current regulation. Instead, it was agreed that foreigners who could acquire property would be determined by the president. In other words, the foreigner who wants to acquire immovable property in Turkey must be a citizen of one of the countries determined by the president.

Provided that legal restrictions are complied with, foreign natural persons who are citizens of the countries designated by the President of the Republic may acquire real estate and limited real rights in Turkey in cases where the interests of the country and in terms of international bilateral relations require it.

(Deed Law art.35)

The countries designated by the President are not explicitly published. For this reason, an examination is made on this subject during the application of the foreigner who will acquire real estate in Turkey to the relevant land registry office.

Which Immovables Can Foreigners Own in Turkey?

With the law, some restrictions have been imposed on the right of foreigners to acquire real estate in Turkey, both in terms of region and area. According to these limitations;

• The total area of ​​real estate acquired by foreign real persons cannot exceed ten percent of the area of ​​the district where the private property is located.
• However, the total immovable area that a foreign person can acquire in Turkey cannot exceed thirty hectares. The President is authorized to double this amount per capita.
• Foreign persons cannot acquire real estate in military forbidden zones and security zones. In most of the provinces, forbidden zones and security zones have been determined. In some provinces where the determination works are ongoing, the land registry directorates make determinations by correspondence with the authorized commanders. In some provinces where the determination works are ongoing, the land registry directorates make determinations by correspondence with the authorized commanders.

Obligation to Notify Projects in Unbuilding Real Estates Acquired by Foreigners

There is no restriction in terms of the type of property that foreigners can acquire in Turkey. Foreigners who are allowed to own property can acquire real estate in the type of house, construction, workplace or land.

For lands to be acquired by foreigners, the law imposes an obligation to report a construction project within a certain period of time. Accordingly, foreigners who purchase land must submit the project they will develop on this land to the approval of the relevant ministry within two years. The Ministry may approve the submitted project by specifying the start and end dates. In this case, the ministry monitors the execution and finalization process of the project.

Inheritance and Succession Transactions in Immovables Owned by Foreigners

Inheritance and succession transactions in immovables owned by foreigners are made according to the inheritance documents issued by the Turkish courts. However, as a result of the recognition of the certificate of inheritance given by the competent foreign courts by the Turkish courts, transfer proceedings can be made on the basis of this document.

Property Acquisition Procedure and Necessary Documents for Foreigners in Turkey

The transfer of real estate in Turkey is made officially in the land registry offices. Transactions made without the approval of the land registry do not transfer the title deed. However, all kinds of agreements regarding real rights on real estate must be made in an official form. Otherwise it will not be valid.

The documents required for a foreign person to acquire real estate in Turkey are as follows:

• Title deed information of the real estate subject to the contract
• “Real Estate Declaration Value” document for the real estate, which must be obtained from the relevant municipality.
• Identity or passport document and its notarized translation
• Interpreter for foreigners who do not speak Turkish
• Compulsory earthquake insurance policy for buildings
• Two photographs taken within the last six months
• Title deed transfer fee to be determined according to the value of the immovable (the price to be paid to the Land Registry Office)

Legal Assistance for Foreigners to Acquire Property in Turkey

It is not a legal obligation for foreigners to get legal assistance while acquiring property in Turkey. However, it is a practical necessity in terms of both transaction security and following the title deed transfer procedure. While the foreigners acquire real estate;

• Checking the legal powers of the seller and real estate agent
• To examine the legal status of the real estate subject to sale in the title deed and whether there are restrictions on it such as mortgages and liens.
• To prepare and examine the contract with the seller and the real estate agent and to provide the most suitable conditions for the buyer.
• To protect the legal rights of the foreigner who will acquire real estate and to prevent them from being victimized.
• Providing legal assistance in title deed transfer transactions, performing the necessary controls and personally performing the transfer transactions on behalf of the buyer according to his/her preference.
• Giving information about legal and safe money transfer and making necessary referrals
• He/she should get legal support from a competent real estate lawyer in order to provide legal assistance on legal transactions and notifications that must be made after the real estate acquisition process.

Arslanbuğa Mersin Law Office provides legal assistance in the field of property acquisition by foreigners throughout Turkey, nearby provinces and Mersin. You can reach our office, which works in the field of real estate lawyer in Mersin, for legal support.

You can read this article in Turkish in this link (Yazının Türkçesini bu linkten okuyabilirsiniz): Yabancıların Türkiye’de Taşınmaz Edinmesi