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.
  • Nihan
    Níhan
    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.
  • ilkay
    Ilkay
    Having lived and studied in a number of countries such as the USA, Japan, Belgium and Russia, ilkay has an international background that makes him ideal for assisting English-speaking clients in Turkey. Specialising in business law, property matters and immigration, ilkay speaks fluent English and is a registered and regulated lawyer in Istanbul.
  • Kübra
    Kübra
    Kubra is a partner in her law firm which has offices in Istanbul and Izmit. Kubra and her firm focuses primarily in the areas of Corporate Law, Inheritance and Family Law. Her firm also regularly advises on Litigation (labor law, debt recovery, breach of contract, liability and corporate conflicts ), She also represents multinational corporate clients on regulatory compliance matters, particularly in the areas of corporate, trade and customs and real estate property matters. she is a registered arbitrator and a sworn translator and interpreter.

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
    David W Baker, Malaga
    Tuesday, November 06, 2018
    We were extremely satisfied with Alvaro: He explained the law to us and gave us a solution to our problem. He could not have been more helpful and we will definitely use him again.
  • Default Avatar75
    Thom Koller, London
    Monday, November 05, 2018
    Francisca provided a perfect service!

    She is professional, dedicated and took care to understand the needs of my situation. Her service offers exceptional value for money and gives complete peace o...f mind.
  • Default Avatar75
    Michael O'Sullivan, Ibiza
    Thursday, November 01, 2018
    Understanding Spanish law regarding buying and selling properties is a minefield for English speakers. Cristina provided the legal expertise, the translation of legal documents, explanations for all i...ssues, and solutions for our challenges.

    Also, she provides confidence and reassurance that what we are doing is in our best interests and within the law - very important when working in a foreign country.

    In summary, she is an excellent professional that we are so pleased we found and will continue to use for all our legal matters.

    I think you have a perfect solution for supporting people abroad. I was lucky to find you on the internet. Perhaps you could promote your services to all estate agents abroad, so more people can get access to your service when buying or selling abroad.
  • Default Avatar75
    Colin Wilson, Australia
    Tuesday, October 30, 2018
    Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.

    When there was a delay in responding she did offer an apology which was appre...ciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.

    When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.
  • Default Avatar75
    Campbell Reynolds, Spain
    Monday, October 22, 2018
    We were very satisfied with the service provided by our lawyer Sabela.

    She was very accomodating, quick response to everything while thinking outside the box for solutions. Also, her English was mo...re or less fluent.
  • Default Avatar75
    David Edwards, England
    Wednesday, October 17, 2018
    Very Satisfied with the service provided by Oliver. He was quick, efficient and value for money. Would definitely recommend to friends.
  • Default Avatar75
    Andrew Morecroft, Lubrin
    Monday, October 15, 2018
    Juan was extremely helpful during every part of the purchase. As I was buying an older property there were slight complications but Juan explained every issue and managed to work through the difficult...ies with supreme efficiency.

    Also there was a ridiculous situation with my Spanish bank account where I could not access the money even though it was in the account. Thankfully I had given Juan power of attorney and he managed to sort-out the problem.

    He went above and beyond the call of duty and I am very grateful for all his help. I would strongly recommend him to anyone looking to buy in the Almeria region.
  • Default Avatar75
    Manoochehr Jafari-Nahad, UAE
    Saturday, October 13, 2018
    Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp
  • Default Avatar75
    Michele Jansen van Vuuren, Benajarafe
    Saturday, October 13, 2018
    Alvaro was extremely helpful, he couldn't have done more. Very quick to respond to my query.

    Only issue was that some of the documents I needed to provide were not mentioned. However, would defini...tely recommend his services to friends.
  • Default Avatar75
    John Fraser Dunfield, San Francisco
    Friday, October 12, 2018
    Good understanding. Applied sufficient pressure as needed to get the issue resolved. Reasonable charge for service provided. Would definitely recommend this service to friends.
  • Default Avatar75
    Rosemarie Byrne and John Cooper, Dublin Ireland
    couple
    Tuesday, October 09, 2018
    We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
  • Default Avatar75
    Jane Evanson, London, UK
    female
    Tuesday, October 09, 2018
    Francisco was very helpful and professional. I was very happy with the advice and service.
  • Default Avatar75
    David McChesney, Puerto Banus
    Wednesday, October 03, 2018
    Alvaro was very professional, Knowledgeable of the subject at hand, did not over-charge - in fact cut costs in the best way for me. Very efficient in the entire process. Thank you.
  • Default Avatar75
    Martha Kimes, Scottsdale, Arizona USA
    female
    Tuesday, October 02, 2018
    Francisco was incredibly responsive (and quickly).

    Unlike American attorneys (and I know, because I am one), he didn't even bill me for a few follow-up emails/calls that he made on my behalf which... he easily could have done.

    I was supremely happy with his legal services.
  • Default Avatar75
    David Roots, England
    Monday, October 01, 2018
    We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
  • Default Avatar75
    David Knors, Barcelona
    Wednesday, September 26, 2018
    Oscar was very kind, professional and fair. He was able to help me with my problem and he was very determined that he would.

    Oscar is very competent, polite and showed a lot of effort to solve my ...problem. I strongly recommend him.
  • Default Avatar75
    Tauri, Estonia
    female
    Tuesday, September 25, 2018
    Very satisfied with the service. Francisco is bilingual English-Spanish and was always quick to respond and was very professional at all times.
  • Default Avatar75
    Mohamed kheder, Dublin, Ireland
    Monday, September 24, 2018
    Every thing was great ... Rosa was really helpful and understanding. And I see the value for money was good enough.. of course I would recommend it to any of my friends.

    And I would like to have th...e chance to thank Rosa and the whole company for everything.
  • Default Avatar75
    Daniel Elias, New York
    Tuesday, September 18, 2018
    Excellent service, delivered exactly as promised, and at half the cost a different translator had requested for the same project!
  • Default Avatar75
    Darren & Gemma Nesbitt, Valencia
    Tuesday, September 11, 2018
    Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
  • Default Avatar75
    Patsy Valentin, Granada
    Tuesday, September 11, 2018
    Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
  • Default Avatar75
    Jovie, Malaga
    Wednesday, September 05, 2018
    My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
  • Default Avatar75
    Albert Roldan, France
    Tuesday, September 04, 2018
    Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.

    He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.

    I would highly recommend him to anyone needing these services.
  • Default Avatar75
    David Grundy, UK
    Friday, August 24, 2018
    Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
  • Default Avatar75
    Mario Klappholz, Miami, Florida
    Thursday, August 16, 2018
    Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
  • Default Avatar75
    Daniel Spitzhorn, Spain
    Tuesday, August 14, 2018
    Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
  • Default Avatar75
    Tracey Iliffe Bradley, UK
    female
    Tuesday, August 14, 2018
    Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
  • Default Avatar75
    Erslaan Ahmed, Bangladesh
    Friday, August 10, 2018
    Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
  • Default Avatar75
    John Ryan, Derby, England
    Wednesday, August 08, 2018
    A perfect relationship between client and professional. Nothing was too much trouble.

    Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.

    Thank you jose
  • Default Avatar75
    Robert Brownlee, Almeria, Spain
    Wednesday, August 08, 2018
    Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.

 

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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