Property Law in Turkey

  • Basak
    Basak
    BASAK studied law at the Eastern Mediterranean University and went on to obtain a Masters degree in Energy Law at Yasar University. Basak is specialized in all matters concerning Energy Law, Business and Commercial Law, Real Estate, İnheritance and Family Law. She was admitted to Antalya Bar Association in 2009 . She speaks Turkish and English while Russian is also spoken in her office.
  • Dilruba
    Dilruba
    Dilruba graduated from the Gazi University, Faculty of Law and for several years has been working at one of the top law firms of Ankara specialising on cases regarding insurance law, corporate law, labour law, enforcement law and international private law that embodies different departments for each field of law. She is fluent in English and German as well as her native Turkish
  • Yusuf
    Yusuf
    Yusuf graduated from Izmir University and started working immediately with a prestigious law firm in the city. He now manages his own law office, focusing on commercial litigation, contractual disputes, debt collection, employment law as well as occasionally assisting clients in the areas of property law. Yusuf is a member of Izmir Bar Association and speaks English fluently.
  • Ezgi
    Ezgi
    Ezgi graduated from Marmara University/İstanbul in 2005 and joined one of the largest law firms in İstanbul for 2.5 years to practice regulatory law. Then she continued her career as an in house lawyer in an international company running cruise ports all over the world. She stayed with the company for 8 years where she grew her experience in corporate law, contract law, privatisations, mergers and acquisitions and employment law to a high level. Ezgi is fluent in English.
  • Nihan
    Nihan
    Nihan was admitted to the Turkish Bar in 2009. She primarily concentrates on Contracts Law, Real Estate and Construction Law. She also regularly advises on Litigation (debt recovery, breach of contract, liability and corporate conflicts etc.), Family Law and Labour Law. She has considerable experience in the field of cross-border and transnational legal matters. She is fluent in English and French and in addition she is a registered sworn translator and interpreter.
  • Burcu
    Burcu
    Burcu is dual qualified in Turkey and France with a Masters Degree in European & Corporate Law. She provides English-speakers with legal assistance in the areas of Contract Law, International Business Law, Corporate Law and Real Estate law. Burcu is also a registered, sworn translator and interpreter in English, French, Italian, German.

Introduction

As per Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302 which entered into force on 18th May 2012, persons with foreign nationality can buy any kind of property (house, business place, land, field) in Turkey, within the legal restrictions.

Persons with foreign nationality who buy a plot of land without any buildings constructed should submit the plans to the relevant Ministry within a period of 2 years.

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

It is possible to sign a “sales commitment agreement” before a notary. However, legal ownership of the property does not pass with a “sales commitment agreement” or other kind of sales agreement signed before a notary.

 

Legal Restrictions on Buying Property

  1. Persons with foreign nationality can buy a maximum of 30 hectares of property in Turkey in total and can acquire limited in rem rights.
  2. Foreign nationals cannot acquire or rent property within military or designated security zones. Persons with foreign nationality can acquire property or limited in rem rights in a district/town up to a maximum of 10 % of the total area of said district/town.
  3. Legal restrictions do not apply in setting mortgages for real persons and commercial companies having legal personality which are established in foreign countries.
  4. The properties are subject to winding up provisions in the following cases: (i) if the properties are acquired in violation of laws; ii) if the relevant Ministries and administrations identify that the properties are used in violation of the purpose of purchase; iii) if the foreigner does not apply to the relevant Ministry within time in case the property is acquired with a project commitment to build; iv) if the projects do not materialize within time.

 

Client Testimonials

Reviews of Advocate Abroad lawyers placed by clients directly on the Wufoo client survey platform:

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    Jason Yorke, United Kingdom
    Thursday, July 19, 2018
    Beatriz was really helpful and always kept me informed at all stages. She is very professional and a pleasure to deal with.
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    Mr David P Robson, Valancia
    Thursday, July 12, 2018
    My lawyer Francisca offered value for money and was very helpful. Will use her again.
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    Richard Day, London and Barcelona
    Thursday, July 05, 2018
    My initial call to your service desk was responded to by Oscar very quickly.

    I appreciated his time as I outlined my issue, a problem with the building community and administrators. At the end of ...the call he provided clear guidance on next steps.

    Furthermore he quickly turned around the issue with an excellent drafted response for which I could not of hoped to be better worded. It was comprehensive and aligned perfectly with what I felt was needed.

    Excellent value for money and most definitely I would highly recommend Oscar.
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    Søren Aabel Hammer, Malaga
    Thursday, July 05, 2018
    Beatriz was professional and quick to respond. Would definitely recommend to friends.
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    Patrick Crean, Almerimar
    Thursday, July 05, 2018
    Juan was fantastic. Very easy to understand and very pleasant. I would definitely use his service again.
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    Damien Stephan, Benidorm
    Thursday, July 05, 2018
    The whole process from start to finish was straightforward and well explained. I honestly cannot recommend them enough!

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    Wouldn’t hesitate to use again in the future.
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    Claire, Fuengirola
    Wednesday, July 04, 2018
    Alvaro assisted me during my experience at advocate abroad, and he was so kind. He answered any questions I had, and made me feel completely at ease.

    I knew I was in the hands of a professional. H...e could not have done more to help me.
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    Paul and Joyce Rose, Mijas, Malaga
    Wednesday, July 04, 2018
    Extremely helpful and very professional. Will definitely use Alvaro next time we require legal advice.
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    Nigel Whinnett, Esher, UK
    Wednesday, July 04, 2018
    Professional, friendly, efficient service, good value, a pleasure to use the services of the lawyer and his team. In depth knowledge of the relevant laws, taxes etc.

    Would highly recommend and use ...again.
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    Claire O'Gara, Fuengirola
    Wednesday, June 27, 2018
    I liked Alvaroós enthusiasm, and the great level of customer service. He always answered my questions thoroughly.
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    Mrs Susan Vickery, Silves, Portugal
    Tuesday, June 26, 2018
    Good advice, very helpful and fast. Would definitely recommend Luis to friends.
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    Niall Purdie, Barcelona
    Monday, June 25, 2018
    Anna helped me purchasing my house, she was knowledgeable and professional throughout. I would recommend using her legal services.
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    Kartik, Paris
    Friday, June 22, 2018
    Very satisfied with the service provided by Marianne. She speaks English fluently and she was very quick, comprehensive and clear in answering all the questions.
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    David Stack, Lliria, Spain
    Thursday, June 21, 2018
    Francisca was extremely helpful. She made the whole process easy to understand. I would definitely recommend her service to friends.
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    Susanna Buckley, United Kingdom
    Wednesday, June 20, 2018
    Lidia is very approachable and friendly and I never felt that anything was a problem.

    She was also very sympathetic to my situation (my mother had passed away) and supportive. As soon as she was c...ontracted, she acted quickly to sort things out so that I could return home to the UK as soon as possible.

    She always tried her best to answer any questions very quickly and promptly and matters proceeded without too much worry on my part.
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    Wendy Dickson, Marbella
    Tuesday, June 19, 2018
    It was all done very quick. Very good value for money. How easy it all was to communicate via email.
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    Peter & Anita Bradshaw, Leeds, England
    Monday, June 18, 2018
    We could not be more happy with the service we received from Jaime.

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    Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!

    Thanks so much for all your help Jaime.
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    Dion Nash, Algarve
    Tuesday, June 05, 2018
    Our lawyer Luis is bilingual, and was extremely helpful. We received very good service - Luis did everything needed to help me with my case. I would definitely recommend him to friends.
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    Jan Neate, Nerja
    Wednesday, May 30, 2018
    Very satisfied with the service provided by Beatriz. She extremely helpful and spoke more or less fluent English. We would definitely recommend her to friends.
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    Serena Bhatia, London
    Wednesday, May 30, 2018
    Anna has been nothing but helpful in providing information, sound advice and genuine care, My fiancé and I adore her! She is timely, professional and extremely knowledgeable about world wide law.
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    Ronald Peter Downs, Spain
    Tuesday, May 29, 2018
    A lady staff member took us under her wing and managed to sort out my residency. Overall no complaints.
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    Tracey and Mike Iliffe Bradley, Colchester, United Kingdom
    Tuesday, May 29, 2018
    From our very first contact through to the end of our purchase, Rosa surpassed all expectations.

    She was helpful, efficient, always quick to return our communications and a pleasure to deal with. ...We have already recommended her services to a friend.
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    Cheryl, Seville
    Monday, May 28, 2018
    Miguel was helpful and kind. We will use his service in the future.
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    Ken & Margaret, Torrevieja
    Thursday, May 24, 2018
    Pedro was extremely helpful, he couldn't have done more. We would definitely recommend his services to friends.
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    Rl, Alicante
    Thursday, May 24, 2018
    Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
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    KL, Valencia, Spain
    Wednesday, May 23, 2018
    Inma is easy to talk to, is prompt in replying to emails, is helpful and above all achieved the solution I wanted.
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    MF, Lanzarote
    Monday, May 21, 2018
    My lawyer Cristina was extremely understanding , friendly and reassuring. With Cristina on my side, it gave me confidence to continue.
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    RA, Paris
    Friday, May 18, 2018
    The service I needed wasn't complex, just verification of documents, but the service was rapid, friendly and exactly what I needed.My lawyer Julia was bilingual.
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    Sham Naib, Callao Salvaje, Tenerife
    Friday, May 18, 2018
    My lawyer Oliver was very helpful, always happy to assist. He professionally checked the law before dispensing advice.
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    Smith, France
    Friday, May 18, 2018
    Caroline is bilingual and was very helpful throughout. There is nothing I would suggest to improve. I was very happy with the service and would definitely recommend to friends.

 

Property Purchase Process

The purchaser of the property or their authorized representative should make a preliminary application to the Land Registry Directorate. If the preliminary application is incomplete, the file will be kept pending.

The following documentation is required:

  1. Title deeds of the property or information on village/district, block, building plot, detachment.
  2. Identification document or passport (Together with its translation).
  3. “Property Value Statement Document” to be provided from the relevant municipality.
  4. Compulsory earthquake insurance policy for the buildings (house, office, etc.)
  5. 1 photo of the seller, 2 photos of the buyer (photos to be taken within last 6 months, 6×4 size)
  6. (If one of the parties cannot speak Turkish) certified translator and 2 witnesses.
  7. (If the power of attorney is prepared abroad) The original or certified copy of the power of attorney and its approved translation.

 

Powers of Attorney Issued Outside Turkey

  1. Powers of attorney are issued by the Turkish Embassies or Consulates.
  2. If the power of attorney which is issued by a notary of a foreign country is certified according to The Hague Convention dated 5 October 1961 and if it bears “Apostille (Convention de La Haye du Octobre 1961)” in French, there is no need for an additional certification of the said power of attorney by the relevant Turkish Consulate.
  3. If the power of attorney is issued by a notary of a foreign country which is not party to The Hague Convention dated 5 October 1961, the signature of the said notary has to be certified by the relevant authority of the foreign country and then the signature and seal of said foreign authority must be certified by the Turkish Consulate in that country.

Financial Aspects

  1. Both vendor and purchaser have to pay the title deed fees, 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 for 2013 is 2%. )
  2. Circulating capital fee which is determined locally must be paid.
  3. At the stage when the Land Registry Directorate enquires with the relevant military authorities whether the property is located within a military or special zone, circulating capital fee for the map prepared by the Cadastre Directorate has to be paid.

 

Other Issue to Bear in Mind

  1. The foreign national should check with the Land Registry Directorate if there is any limitation on the property, such as a mortgage, charge or impediment or any obstacle which prevents the sale of the property.
  2. If the application by the foreigner for buying a property is rejected, this may be appealed to the relevant Regional Office of the Land Registry Directorate.
  3. For the above reasons it is advisable for foreigners to contract only registered and regulated professionals who can avoid problems with ownership arising in the future.
  4. Having a residence permit is not a condition for the foreign national who wishes to buy a property in Turkey. Likewise, buying a property does not grant the foreign national the right to obtain a residence permit in Turkey.
  5. If there is a disagreement between the parties to the sale of a property, the case has to be brought before the Turkish courts by referring to judicial authorities.

 

Property Acquisition by Companies with Foreign Capital

Where the foreign investors hold, individually or collectively, 50% or more shares of the a company, or where the foreign investors do not hold any share of such a company, but have a right to assign or remove the managers of said companies on the condition that the company has legal personality in Turkey, then the company may purchase 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 capital”

myAdvocate Turkey can assist you with the purchase and sale of property in Turkey, as well as dealing with leasing issues. Contact us via telephone or the contact form below.

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