Who can buy a real estate in Turkey?
1. Foreign nationals (real persons) and foreign companies
According to the law on ‘property purchase by foreigners in Turkey’ enacted on January 7, 2006, foreign real persons and commercial companies having legal personality established in foreign countries according to the laws of those countries will able to acquire real estate in Turkey on the conditions of being reciprocal and complying with legal restrictions. In implementation of the reciprocity principle, it is essential that real estate acquisition rights given by a foreign country to its own citizens and to commercial companies established in foreign countries according to the laws of these countries are also given to the citizens and commercial companies of the Republic of Turkey.
2. Companies established/participated by foreign nationals
Companies can freely acquire real estate or limited rights in rem through a legal entity established or participated in Turkey by foreign investors provided that such acquisitions are permitted for Turkish citizens.
Reciprocity
Please email us and request the list of countries which have full-reciprocity regarding real estate acquisition.
What is the legal framework for property ownership?
The Constitution, the relevant provisions of the Civil Code, the Title Deeds Act, the Foreign Direct Investment Law (Please look at pages to follow for the full text of the law.) and the relevant legislation form the legal framework which enables foreign people or corporate entities to buy real estate in Turkey.
Are Turkish citizens and foreigners treated differently?
According to the legal framework mentioned above, both Turkish citizens and foreign owners have equal property-ownership rights.
Purchasing and legal issues
Conveyance is executed in the Land Registry Office, which is a State Department. No other department, authority or person has the power to transfer deeds to your name. The new owner of a property receives a “Title deed” (Tapu) in Turkish. Tapu is the official document proving ownership of a property.
Step by step guide to formalities
The property owner and the buyer sign a “Promise to sell and buy contract” before a Notary Public in most cases. This is an official document stating all the personal data of the seller and the buyer as well as the property in question. The price of the property, details of the payment and the time of conveyance at the Land Registry Office are all entered in this document. This document is signed by both parties in the presence of a Certified Translator appointed by the Notary Public. The Sworn translator translates the contract to the foreign party.
An application is made to the Land Registry Office to start procedures for Military permission (this process may take a couple of months).
Parties or their legal representatives go in person to the Land Registry Office for conveyance upon receipt of the military permission. A Certified Translator is required when one of the parties is a foreign national.
Expenses
Conveyance tax:
3% of the property value stated in the Tapu Office. This is paid at one of the State Banks at the time of conveyance.
Fee for certified translator at the Tapu Office:
50 Euro (A certified translator is required by law to translate the document to the foreign national).
Fee for certified translator at Notary Public:
50 Euro.
Registration Fee at the Tapu Office:
55 Euro.
Signing “promise to buy and sell contract” at Notary Public Office:
Starting from 350 Euro, approx. 1.2 % of the value of the property. |