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Guidance for Foreigners

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This Article has been quoted from the link www.mfa.gov.tr that the official website of Republic of Turkey Ministery of Foreign Affairs .

GUIDANCE FOR FOREIGN NATIONALS WHO WISH TO BUY IMMOVABLE PROPERTY (REAL ESTATE) IN TURKEY

This guide is prepared to assist foreign nationals to avoid problems in buying immovable property (real estate) in Turkey. However, the guidance should not be considered a substitute to necessary professional consultancy service .

1. Legal Basis:

Real persons of foreign nationality can buy property in Turkey . Information on the names of the countries whose citizens can buy immovable property (real estate) in Turkey can be obtained either from the Turkish diplomatic and consular missions abroad or your country`s diplomatic and consular missions in Turkey. Real persons of foreign nationality are advised to take due notice of the following points in order to avoid incurring loss when buying immovable property.

2. Official drawing up of contracts:

According to effective Turkish legislation, official contracts transferring ownership of real estate must only be drawn up at the Land Title Registery Office where the immovable is located. It is possible also to sign, in the presence of a notary public, a “promise-to-sell” contract prior to the official sale.

Acquisition of ownership of the immovable, the sale contract of which is concluded, can take effect only after registration at the Land Title Registery Office.

3. Legal Restrictions on Sale of Real Estate to Foreign Nationals :

A. Foreign nationals can buy immovable property in Turkey, as a work place or private residence, provided that the legal restrictions are observed. However, the total area of the immovables purchased by a foreign national may not exceed 30 hectares even if the immovables are in different localities.

B. Permission has to be obtained from the military authorities of the region, through the Land Title Registry Office, before the purchase of an immovable. Sale to foreign nationals of immovable property located in a military security area is prohibited by law, and it is important to clarify this matter before any payment is made.

4. Practical Information :

A. Real persons of foreign nationality should submit them the following documents to Land Title Registry Offices when acquiring immovables;

- Identity document or passport,

- Foreign nationals whose acquisition of property is subject to a valid residence permit: Residence permit issued by the relevant military department,

- If they wish to act on the basis of a power of attorney issued abroad (i.e. outside Turkey), the original or certified copy of the power of attorney together with a certified Turkish translation.

B. Before a real estate sale contract is drawn up, an inquiry should be made at the relevant Land Title Registry Office as to whether such immovable is subject to restricted real rights, mortgaged, or any other situation exists which prohibits its sale.

C. Foreign nationals who wish to buy real estate in Turkey are advised,

- not to sign legally binding sales contracts or make any payments before obtaining information at the correct Land Title Registry Office about the immovable involved,

- not to initiate procedures before investigating the sales persons or agencies involved, and to refrain from conducting business with persons or agencies who are not able to provide sufficient proof of their credibility.

In case of a disagreement concerning the sale or purchase, the matter has to be referred to the judiciary, and a lawsuit has to be filed with the Turkish courts. It is not possible for the Ministry of Foreign Affairs of Turkey and Turkish diplomatic missions to interfere in the judicial process .

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