The first law of real estate acquisition “Law on Property No 2644” was affirmed in 1934, allowing foreign individuals to acquire real estate in Turkey. In 2003 the government with the law Nr. 4916 made easier the real estate acquisition for foreigners in Turkey. This law cancelled the Law on Village No 442/1924 (Köy Kanunu) and Property Law No 2644/1934 (title deed law). However, the Law No. 4916 was later contested by the constitutional court.
New law on real estate acquisition, the law No 5444, was affirmed by the Turkish Parliament on 29 of December 2005 and entered into force on 7 of January 2006. This law changed the article No 35 of the land register law No 2644 (Title deed law) and new conditions of the real estate acquisition in Turkey by foreign individuals and companies entered into force.
Foreigners can purchase property in Turkey with the following limitation:
The buying process of real estate by foreigners in Turkey is based on the reciprocity principle. This means, that the rights to buy property in Turkey have nationals from countries that are linked to Turkey’s reciprocity agreement. Now, Turkey has mutual relations with 80 countries, including all countries of Europe. The list of countries that has reciprocal relationship with Turkey you can find at Turkish General Directorate of Land Registry and Cadastre (www.tkgm.gov.tr) in Turkish and English.
Foreigners can buy up to 30 hectares (300.000 m2) land for residential and business purpose in Turkey. More than than 30 hectares requires permission of the ministry.
Foreigners can purchase property only in areas that have qualified plan for buildings. In military is forbidden and security zones, Outside these limits must for each individual property purchase, approval of the military authorities for registering by the Land Registry Office be submitted, whether it is a property in the permitted areas.
For citizens of countries that have mutual relations with Turkey and inherit property, these limitations do not apply.
After death the property is transferred to the heirs like son or daughter or … . With an officially translated and notarized certificate of inheritance, property in Turkey is rewritten to the heirs.
Purchase process in Turkey
Due to the Turkish law is the transfer of ownership in an appropriate advance directive from the sellers and buyers, only registered at the Land Office. For Foreigners who want to purchase property in Turkey is a written approval needed from the military authorities to ensure that the relevant property not in a military place or land and safety zones located is. Notaries are not involved in the contract settlement and registration at the Land Office for 2 month. With the transfer that must be present when the foreign party does not understand the Turkish language. For the sale settlement in the Land Registry office, personal documents and information from foreign party must be present in advance.
Required documents list:
ID card or passport
Turkish tax number
The power of attorney is needed when there is someone else instead of you.
Notarized signature of representative company
An authority certificate, issued by the local chamber of commerce, providing overview of registered data of the company. If processing is carried out by an authorized person, the power of attorney must be submitted.
Tax number of company
What is TAPU (Title deed)?
This document is an extract form of the Turkish real estate registry and it is knows as TAPU office, comparable to the land register in the UK.
Title deeds are in two colors; blue and red.
A blue TAPU can have different legal meanings:
Land for farming
Building land. There’s already a house on the plot
Most of foreigners receive red Tapu.
There are 2 types of red Title deed.
The first red TAPU is of the type ‘Kat Irtifaki’. This type indicates that you legally own the land and the unfinished building.
The second red TAPU which you are going to receive it, at the end of the buying process when you sign the contract at the TAPU office. This TAPU is of the type ‘Kat Mülkiyeti’ and indicates that you are the legal owner of the land and the finished building.
Title deed process
All the legal sale process should be in notary. This is only possible way of an official of the TAPU office. Prior to the official sale at the TAPU office you can sign a “promise-to-sell” contract in the presence of a notary.
If a foreigner purchase a house in Turkey, it is usually an apartment in a complex or a house in a project or residential park. The developer has to register the apartment complex or project as a common hold. The common hold document is drawn up on the basis of plans and zoning. The complex is divided into independent units, and for each unit a TAPU is issued. This TAPU is of type ‘Kat ‘Irtifaki ‘. It is the title deed of the land and the unfinished building!
The most important part is the information about all details of apartment. No wrong data in Title deed.
After finishing the process, the municipality will inspect the construction. If everything is ok so they receive “Iskan” document. If you do not have an Iskan, water and light will be more expensive and If you want to sell a house, you need to reduce the price.
An individual Iskan is enough not a prerequisite to obtain a Tapu. So you can own a property without a habitation license.
The last step “Finalizing”:
Any property process transfers in the official of the title deed office. After signature, you are the official and legal owner or the house. You just receive a title deed type” Kat Mulkiyat” and this is the final legal documents.