The Right of Foreigners to Acquire Property in Türkiye
Which countries' citizens can purchase?
Turkey grants citizens of most countries the right to acquire real estate. However, there are exceptions and restrictions for some countries. The General Directorate of Land Registry and Cadastre publishes up-to-date lists of which countries' citizens can acquire real estate in which regions. For example, citizens of Syria, Armenia and North Korea are prohibited from acquiring property in Türkiye.
Limitations and Exceptions
The total surface area of real estate that foreign individuals can acquire in Türkiye is limited to 30 hectares. In addition, special permits may be required in military zones, private security areas and agricultural lands. Due to these limitations, obtaining professional legal advice will prevent risks that may be encountered in purchasing transactions.
Beginning of the Recruitment Process: Legal Consulting and Preliminary Preparation
The Importance of Working with a Real Estate Lawyer
One of the biggest challenges foreigners face is the language barrier and lack of familiarity with the legislation. Therefore, working with an expert lawyer not only increases the speed of the process but also its security. The lawyer checks if the property contains any negative records such as mortgages, liens, or annotations.
General Directorate of Land Registry and Cadastre Review
The preliminary examination, which is carried out through a lawyer, is carried out via the WebTapu system. In this way, data such as the location of the real estate, title deed information, and current owner status are learned through official channels. This preparation process largely prevents legal disputes that may arise in the future.
Title Deed Procedures and Required Documents
The Process of Getting a Title Deed Appointment
For title deed transactions, an appointment must be made through the online system at the Land Registry Office. During the appointment, the buyer and seller's information is entered into the system, documents are uploaded and the transaction date is determined.
List of Required Documents
- Passport and its notarized translation
- Tax identification number
- Title deed document
- Real estate valuation report
- DAB (Foreign Exchange Purchase Document)
- Proof of residence (in some cases)
- Power of attorney prepared with a sworn translator (if necessary)
The complete preparation of these documents is essential for the smooth progress of the transactions.
Military Permits and Strategic Areas for Foreign Buyers
Military Restrictions and Zones
Some regions are closed to foreigners' property acquisition within the scope of the security strategies of the Republic of Turkey. In such cases, the District Land Registry Office where the real estate is located informs the Ministry of National Defense and requests the necessary permission. This process may take 2-4 weeks.
Control Process of Land Registry Offices
The Land Registry Directorate evaluates the location of the real estate through the relevant systems and initiates the permit process. During this process, your lawyer's regular follow-up of the file will speed up the process.
Foreign Currency Sale and Payment Process in Real Estate Purchase
Currency Exchange Requirement
As of 2019, foreigners who want to buy real estate in Türkiye have a foreign exchange obligation defined by the Central Bank of the Republic of Turkey. In other words, foreign investors must exchange their foreign currency in Turkish banks and document this.
DAB (Foreign Exchange Certificate) Requirement
The DAB document is the official proof of the currency exchange transaction. This document received from the bank is submitted to the Land Registry Directorate and the transaction is carried out. The sale transaction cannot be carried out without the DAB document.
Tax Liabilities and Duties
Title Deed Fee
During the transfer of title deed, a total of 4% title deed fee is paid, 2% by both the buyer and the seller. In practice, this fee is usually paid entirely by the buyer.
Property Taxes and Other Obligations
Property tax must be paid annually for the real estate purchased. In addition, some properties may be subject to VAT. This issue should be carefully examined, especially in commercial real estate.
Notary Procedures and Translation Services
Sworn Translator Requirement
It is mandatory for foreign nationals to have a sworn translator in their title deed transactions. This requirement is implemented so that buyers who do not speak Turkish can fully understand the transactions and understand the content of the documents they will sign. The translator is responsible for conveying the entire process to the foreign buyer in a clear and understandable manner during the transactions.
Notarization Process
Some documents may require a notarized translation. Especially if a transaction is to be made with a power of attorney, this power of attorney must be both notarized and translated into Turkish. In addition, if the power of attorney is issued abroad, an apostille is required.
Real Estate Value Determination and CMB Licensed Appraisal Report
The Process of Getting an Expert Report
Foreigners are required to obtain a real estate valuation report from a CMB-licensed appraisal firm before purchasing real estate. This report ensures that a reasonable balance is established between the market value of the real estate and the transaction price.
Legal Importance of the Report
The appraisal report is useful both in determining the real value of the real estate and in providing evidence in processes such as post-purchase citizenship applications. Therefore, it is very important that this report is approved by the CMB and has not expired.
Residence and Citizenship Rights for Foreigners
Post-Purchase Residence Permit
Foreigners who purchase real estate in Türkiye can apply for a residence permit with the intention of using the property. In order to obtain a residence permit, the property must be registered as a residence and the person must undertake to reside in Türkiye.
Minimum Fee for Citizenship Application
The lower limit of 250,000 USD has been updated to 400,000 USD as of 2022. Foreigners who purchase real estate above this value and undertake not to sell it for at least 3 years may gain the right to apply for Turkish citizenship.
Delivery of Title Deed and Finalization of Sale
Final Procedures for Deed Delivery
Once all documents are completed, the Land Registry Office completes the purchase and sale transaction. A new title deed is prepared and signed. During this process, the buyer may be required to submit a receipt showing that the transaction fee has been transferred.
Electronic Title Deed System (WebTapu)
Title deed documents can be viewed and transactions can be followed online via the WebTapu system. This system provides great convenience, especially for investors abroad.
Provisions on Inheritance and Succession
Inheritance Rights of Foreigners
Real estate acquired by foreigners in Türkiye can be transferred through inheritance. The legal system in Türkiye may base inheritance transactions on the law of the country of which the deceased person was a citizen. This may create a complex structure in the transactions.
Inheritance Tax in Türkiye
In Türkiye, inheritance and transfer taxes are paid for real estate acquired through inheritance. These rates vary according to the value of the real estate and the status of inheritance. Timely and complete payment of the tax prevents delays in the transfer of ownership.
Common Ownership and Sharing Status
Legal Aspects of Shared Ownership
Foreigners can purchase real estate with more than one person. In this case, shared ownership occurs. Each shareholder has the right to dispose of his/her own share.
Decision Making Process in Cooperative Ownership
If the parties have joint ownership, all decisions regarding the property must be made jointly. This structure can make the sharing and sales processes more complicated. Therefore, the type of ownership must be evaluated well before the sale.
Recourse in Cases of Legal Disputes
Mediation Obligation
As of 2023, it has become mandatory to apply to a mediator before filing a lawsuit for many real estate disputes. In this process, it is possible to resolve disputes amicably with the support of a Lawyer Mediator.
Court Process
If mediation does not yield results, a lawsuit can be filed in the courts of the place where the real estate is located. This process can be accelerated with complete preparation of documents and effective representation.
Safely Conducting the Real Estate Process with a Lawyer Mediator
Reducing Risks
The biggest risks that foreigners may encounter during the real estate purchase process in Türkiye are; language barrier, lack of knowledge of legislation and fraud attempts. All these risks are largely eliminated with an expert Lawyer Mediator.
The Importance of Expertise and Experience
Having served both local and foreign clients in Antalya for many years, Lawyer and Mediator Billur Güler Aslım has extensive experience in the field of real estate law for foreigners. She provides preventive consultancy before the dispute, legal control during the transaction and active support in seeking rights afterwards.
Real Estate Consultancy for Foreigners in Antalya
Antalya's Legal and Investment Advantages
Antalya is one of the most attractive regions of Türkiye in terms of both tourism and investment. It is frequently preferred by foreign investors thanks to its developing infrastructure, safe city structure and international connections.
Billur Güler Aslım's Expertise
Attorney Mediator Billur Güler Aslım, who provides services through the website www.billurguleraslim.av.tr , provides detailed legal consultancy for foreigners to securely acquire real estate in Turkey. She offers professional guidance in all stages from the title deed process to citizenship application, from expert reports to notary procedures.
Frequently Asked Questions
- Can foreigners buy real estate in any city in Türkiye?
→ No. They can buy real estate in permitted areas, except for military and special security zones and some limited areas. - What documents are absolutely necessary?
→ Passport, DAB document, CMB approved expert report and tax number are among the main documents. - What is the minimum purchase price for citizenship?
→ 400,000 USD and a commitment not to sell for at least 3 years are required. - Is it possible to obtain a residence permit for the real estate I purchased?
→ Yes. A property registered as a residence can be the basis for a residence permit. - Is a lawyer mandatory?
→ Not legally required but recommended. Legal support is essential for the safe operation of all processes. - Can transactions be made with WebTapu?
→ Yes. Title deed transactions can also be carried out electronically, but a physical signature may be required at some stages.