Turkish Law

Now, as long as you follow the rules, you can buy all kinds of properties in Turkey – be it a cozy home, a cool office space, or even a piece of land to call your own. Just a quick heads up, if you’re purchasing vacant land, make sure to present your development plans to the relevant Ministry within two years for approval.

The rule of reciprocity for foreigners buying property in Turkey has been lifted. That means if you’re a foreigner, you don’t have to worry about whether Turkish citizens can buy property in your home country. You’re free to invest in real estate right here!

Citizens of just a few countries are not permitted to own property in Turkey. You can easily find out which countries are on the list by checking with the Turkish Embassies, Consulates, or the Land Registry and Cadastre General Directorate. But the list is a very short one and most probably your home country is not on the list!

So, go ahead and make your dream of owning property in Turkey a reality! We’re here to help you every step of the way.

In this article, we’re gonna give you the lowdown on how foreigners can buy property in Turkey. But here’s a friendly tip: it’s always a good idea to have a specialized lawyer by your side to help you navigate the sales process.

At Ateskan Law Office, we’ve got you covered from start to finish when it comes to foreigners buying real estate in Turkey. You can easily reach out to us via email (yusuf@ateskanlaw.com) or WhatsApp (+90 (544) 288-5280). We’re here to make your dreams of owning property in Turkey a reality!

Before you jump into purchasing a property, make sure to do a quick check. Look out for any restrictions, liens, mortgages, or encumbrances that might be registered in the title deed records. You wouldn’t want any surprises down the line, right?

Official Form Required for Property Sale Transaction

First, let’s talk about how you seal the deal. According to Turkish laws, property ownership transfer happens through an official document and registration at the Land Registry Offices. You can also opt for a “preliminary sales contract” at a notary, but keep in mind that it doesn’t give you full ownership just yet. The notarized preliminary sales contract can be noted in the title deed records, though!

It is important to note that, if you make a sales contract without involving a notary, it won’t hold up in court.

Legal Limitations on Foreigners Purchasing Real Estate

Next, let’s tackle the legal stuff. There are some limitations on foreigners purchasing real estate:

• Across the country, a foreign individual can buy up to a maximum of 30 hectares of property. That’s plenty of space to call your own!
• Foreign individuals can get their hands on immovable property up to 10% of the total district area available for private ownership in each county. It’s a fair deal!
• Keep in mind that military restricted zones and security areas are a no-go for foreigners looking to buy or lease property. Safety first!
• Good news! Legal restrictions don’t apply to mortgages established in favor of foreign legal entities or commercial companies formed by real individuals, as long as they comply with their own country’s laws.
• Last but not least, if you acquire property against the law, use it for purposes other than what you intended, or fail to meet project requirements within the specified timeframe, there might be some liquidation provisions coming your way. So, stay on the right side of the law!

That’s the scoop on foreigners buying property in Turkey. Feel free to reach out to us if you need any help or have more questions. We’re here to make your journey a smooth one!

Property Sale Application and Process:

If you’re looking to sell a property, here’s what you need to know about the application and process. It’s always a good idea to have a lawyer or representative by your side to guide you through the sale.

To kick things off, the property owner or their representative can make a preliminary application online at this website (https://webtapu.tkgm.gov.tr/). Just scan and submit the required documents, and you’re good to go!

On the appointment day, both the buyer and seller, or their representatives, should head over to the Land Registry Office with the original documents in hand. You or your proxy should be there in person! We can perform property sale transaction by power of attorney.

Here are the documents you’ll need for the property sale:

1. Title deed or property information
2. Passport and National ID (a Turkish translation from a notary may be required)
3. Real Estate Appraisal Report (from a licensed Property Appraisal Company)
4. Real Estate Tax Declaration Value Certificate from the Municipality
5. Mandatory earthquake insurance policy (for buildings, not land)
6. Identity Information Declaration Form
7. Recent biometric photographs (taken within the last 6 months, size 6×4 cm)
8. Foreign Identity Number or Potential Tax Number of the Foreigner
9. Foreign Currency Purchase Document
10. Bank-approved payment receipt

If you’re appointing a representative to handle the sale, make sure they have a valid power of attorney.

If you cannot speak Turkish, you will need a sworn translator at the transaction.

The documents in the list may seem confusing. But don’t worry! We prepare all other documents when you give us power of attorney, your passport, national ID card and biometric photos.

There are three ways to get power of attorney abroad:

• If you issue the power of attorney at the Republic of Turkey Embassy or Consulate, they can issue it in Turkish, and you can use it directly.
• If you’re in a country that’s part of the Hague Convention of 5 October 1961, the foreign notaries there can issue the power of attorney, but make sure to get an Apostille endorsement. Then, in Turkey, get the power of attorney and the Turkish translation of the Apostille endorsement from a notary.
• If you’re in a country that’s not part of the Hague Convention of 5 October 1961, you’ll need to have the power of attorney translated into Turkish and authenticated with a signature and seal at the Turkish Consulate in that country.

Now, let’s quickly touch upon the fees and expenses related to the property sale:

• Realtor fee: 2% of the sale value for the buyer and 2% of the sale value for the seller
• Appraisal fee for each property
• Land registry fee: 2% of the property value for the buyer and 2% of the property value for the seller
• Fixed working capital fee for land registry.
• Attorney fees.

That’s the lowdown on selling a property in a more friendly and informal way. If you have any more questions, feel free to reach out to us at Ateskan Law Office. You can contact us via email (yusuf@ateskanlaw.com) or WhatsApp (+90 (544) 288-5280). We’re here to help!