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.

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:

  • Default Avatar75
    Vicky S, UK
    Tuesday, April 17, 2018
    Alvaro answered my emails and all my questions efficiently and helped me were I did not understand through the whole process of moving the tenant and selling the property and arranging and introducing... an estate agent.

    He has exceeded my expectations after being let down by previous lawyers in Spain when its been a very traumatic time for me.
  • Default Avatar75
    Pernilla, London
    Friday, April 13, 2018
    We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.

    Esther speaks both Spanish and English, and is very friendly, professional and genuine. ...She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.

    We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!
  • Default Avatar75
    David Pratt, Alhaurin del Grande
    Friday, April 13, 2018
    Alvaro gives me confidence that he understands the issue and gives me practical solutions. He works rapidly and efficiently. I would strongly recommend his services.
  • Default Avatar75
    ESP, London
    Wednesday, March 28, 2018
    Cristina was extremely helpful, she couldn't have done more. Her English is sufficient and I would definitely recommend her to friend.
  • Default Avatar75
    L Marshall, London
    Wednesday, March 28, 2018
    Rosa was excellent. Very efficient and professional.

    Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.

    We would not hesitate to ...recommend her.
  • Default Avatar75
    Phil Loughton, Las Lagunas de Mijas
    Tuesday, March 20, 2018
    Alvaro was extremely helpful and the simple process I needed managed was dealt with quickly and efficiently. I would certainly recommend him to friends.
  • Default Avatar75
    John Burchell, Arroyo De la Miel
    Tuesday, March 20, 2018
    Alvaro was very professional, helpful and friendly. Understood things quickly. Explained things well in English. Very easy to contact at any time.
  • Default Avatar75
    A. Kavanagh, Glasgow
    Thursday, March 15, 2018
    Miguel provided a great service and fully explained to me about the procedures with tax & business registration. My emails and questions where always answered straight away with an immediate response ...or solution.

    Very helpful and very friendly I would definitely recommend to anyone considering using Advocate Abroad
  • Default Avatar75
    Robert Davies, Mallorca
    Monday, March 12, 2018
    Very supportive and clear on producing a suitable divorce settlement. Efficient, understanding and professional.
  • Default Avatar75
    A.Kavanagh, Glasgow
    Friday, March 09, 2018
    Rosa was exceptional at helping me setting up my business abroad.

    This was a big move for me and Rosa fully explained everything to me in detail so I had a full and clear understanding of the lega...l side of things as well as always promptly responding to any emails or questions I had.

    I couldn’t of asked for a better lawyer and I would 100% recommend Rosa to anyone who is deciding to move abroad.

    Great service could not be happier.
  • Default Avatar75
    Adam Clark, Tenerife
    Friday, March 09, 2018
    Oliver was very professional. He explained things very clearly and honestly at all times and in the end we got the best result possible in my particular case.

    Many thanks to him for his high level ...of service.
  • Default Avatar75
    Patrick Martel, Canada
    Wednesday, March 07, 2018
    For being in another country and all our back and forth communicating over emails .. I thought Rosa did a brilliant job. Thankfully she was able to help where no one else was willing ..
  • Default Avatar75
    Robert Scott, UK
    Wednesday, March 07, 2018
    First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!
  • Default Avatar75
    Martina, Plymouth
    Monday, March 05, 2018
    Erardo was fantastic and helped immensely during a very difficult situation.

    He consulted with my lawyer in the UK and explained to her what needed done. Without him the situation would not have be...en resolved. He was very understanding and I would have no hesitation whatsoever in recommending him. Outstanding.
  • Default Avatar75
    M Pearce, Marbella
    Monday, March 05, 2018
    Miguel was extremely helpful, he couldn't have done more:

    Always kept us updated on the progress of our purchase
    Always responded to emails in a professional and timely manner
    Always explained to... our understanding all aspects of the legalities about the purchase
    Very approachable,courteous and professional

    So much better to deal with than UK property lawyers!

  • Default Avatar75
    Tony, London
    Wednesday, February 28, 2018
    The service I received from nada was very helpful.

    The tasks were completed to the highest standard and would definitely use her services again in the future. All correspondence was received in a ...very timely manner. Highly recommended.
  • Default Avatar75
    Holly, Lanzarote
    Friday, February 23, 2018
    The divorce process could have been explained more clearly and accurately so that a more realistic time for completion can be attained.
  • Default Avatar75
    Julia Alcock, Puerto Rico, Gran Canaria
    Thursday, February 22, 2018
    Esther was very friendly and approachable. She was professional and answered any questions I asked. We would definitely use her again in the future.
  • Default Avatar75
    Tamara Malcolm, Mallorca
    Tuesday, February 20, 2018
    Rosa was and is extremely knowledgeable and helpful. Her advice was excellent and i will definitely be using her expertise again in the future.
  • Default Avatar75
    Nick Nicolaou, Oviedo
    Tuesday, February 20, 2018
    Very Satisfied with Miguel's work. He was very helpful and we would definitely use his services again in the future.
  • Default Avatar75
    Gavin Jones, UK
    Monday, February 19, 2018
    It was a real pleasure to have Miguel working on my behalf to file my non-resident taxes. He was extremely helpful, gave reassuring advice and I had a high level of confidence in the transactions.

    ...Miguel is now acting as my fiscal representative in Spain and I plan to continue to use his firm's services for all my tax requirements.
  • Default Avatar75
    Martin Hickey, Benidorm
    Sunday, February 18, 2018
    Very friendly and knowledgeable and professional.

    Juan explained the plus and the negatives on various subjects and allowed us to make up our own mind.

    I have already recommended him to our fri...ends.
  • Default Avatar75
    Andrew Bullen, UK
    Friday, February 16, 2018
    Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.

    I wouldn't hesitate to use Rosa in the ...future for any legal issues I have.
  • Default Avatar75
    Tamara Reeves, Australia
    Thursday, February 15, 2018
    Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.

    I have continued to use Anna since my firs...t meeting as I trust her judgement and know that she will look after my best interests.
  • Default Avatar75
    Ali Hashemi, Alicante
    Wednesday, February 14, 2018
    Rafael was extremely helpful, accommodating and understanding. He couldn't have done more.
  • Default Avatar75
    Alan W T Duguid, Montserrat, Valencia
    Wednesday, February 14, 2018
    Ramon was very helpful and answered my questions and explained the legal process that I was enquiring about.

    I would liked to have seen a follow up email detailing what was discussed to ensure that... my understanding and recollection of the meeting was completely correct.
  • Default Avatar75
    Keith Round, La Herradura, Spain
    Monday, February 12, 2018
    The advice provided was clear, easy to follow and allowed me to secure the required documentation from the Spanish Authorities quickly.

    Rosa was very proactive in following up when I was delayed in... providing inputs and always delay with any questions promptly.

    I would not hesitate to recommend Rosa to friends and colleagues and I would use her again in the future
  • Default Avatar75
    GWE, Ireland
    Thursday, February 08, 2018
    My lawyer Nada was extremely effective to make the case and get a result!
  • Default Avatar75
    Chris Jones, Cambrils
    Tuesday, February 06, 2018
    Regardless of the situation Emma, looked for the best possible way to assist under the circumstances. Emma was very approachable and professional.
  • Default Avatar75
    Richard Quick, Estepona
    Sunday, February 04, 2018
    I was particularly impressed by Miguel's approachability & professionalism, excellent service!

 

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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