According to Article 35 of the Land Registry Law No. 2644, non-Turkish citizens can buy a house in Turkey, provided that they comply with legal restrictions. Foreigners do not need a residence permit in Turkey to purchase real estate. Article 35 of the relevant law regulates the restrictions on the purchase of housing by foreigners as follows:
“Foreign nationals, who are citizens of countries designated by the President of the Republic, may acquire real estate and limited real rights in Turkey, provided that legal restrictions are complied with. Independent and permanent real estate and limited real rights acquired by foreigners cannot exceed ten percent of the district area subject to private ownership per capita and thirty hectares per person throughout the country.
What do foreigners who want to buy a house in Turkey need to know?
Foreigners who want to buy a house in Turkey should pay attention to the following points before purchasing:
It is necessary to find out which citizens can buy real estate in Turkey by contacting the General Directorate of Land Registry and Cadastre (Foreign Affairs), Land Registry Offices or Embassies/Consulates of the Republic of Turkey.
They must ensure that the desired residence is not within the confines of the military security zone. This information can be obtained by contacting the Land Registry Office. If the real estate is within the borders of the security zone, it is not possible to sell housing to foreigners.
Sales can be made after learning about the restrictions regarding the purchase of real estate by foreigners in Turkey.
What Procedures Do Foreigners Have to Follow When Buying a House?
How Does a Foreigner Buy a House in Turkey?
Foreigners who are not Turkish citizens who want to buy a real estate in Turkey should first make an appointment with the General Directorate of Land Registry and Cadastre Land Registry Office appointment system for the title deed transfer procedure. The following documents are required for the sale of real estate to foreign nationals:
1) Real estate valuation report,
2) Real estate market certificate issued by the municipality of the place where the real estate is located,
3) Identity card or passport (A sworn translation of these documents may be required if requested.)
4) The title deed of the real estate to be purchased,
5) Insurance policy for compulsory earthquake insurance (DASK),
6) Currency purchase certificate
A real estate valuation (appraisal) report is also required in the purchase and sale processes. The real estate valuation report is valid for 3 months from the date it is issued. The valuation report showing the value of the immovable at the time of acquisition must also be entered into the TAKBİS online system of the General Directorate of Land Registry and Cadastre.
If real estate purchase and sale transactions will be carried out with a power of attorney, the original and certified copy of the power of attorney issued abroad is required.
If one of the parties does not speak Turkish, it is obligatory to do business with a sworn translator.
What Should Foreign Nationals Pay Attention To When Buying A House?
Real estate law is the area of law that governs buying, using and selling land. It’s the law that governs how people acquire property and what they can do with the property that they own. Real estate law is also called real property law. We are at your service with our competent lawyers in order to solve the problems that our clients experience while owning a house in Turkey and after they own it. We can solve the problems before they arise by accompanying the transactions made in the land registry and the notary public.
Cebeci&Bayram Law Firm gives consulation to the clients who wish to purchase a property in Turkey. We do background check of the seller company and title itself to see is there any mortgages or confiscation. Also we will be with the client on the signature date to make sure everything goes smoothly. Since there is a lot of scam is happening regarding purchase a property matter, we highly recommend clients to hire a lawyer to manage the process.
It’s common in Turkey that the constraction companies left the building unfinished and cause aggrievement. During this kind of events the most important thing is act fast. Vendors give promises to gain some time to carry their Money to his other companies. As Cebeci&Bayram Law, we take a precautionary lien on the company in order to protect the rights of our clients.
Foreign nationals who want to buy property in Turkey should pay attention to the following points:
1) It should be known whether there is a situation that prevents the house from being sold, such as a mortgage or foreclosure. The lien and mortgage information can be obtained from the General Directorate of Land Registry and Cadastre.
2) An agreement should be made with an intermediary law firm whose reliability is assured.
3) In case of disagreement between the parties about the sale of a property, legal action should be taken in the courts of the Republic of Turkey.
4) Currently, it is not sufficient to make a purchase and sale contract in the presence of a notary for real estate sales. Official transactions must be made at the land registry offices.
Regulations on this subject are still in progress. According to this; The amendment to the Notaries Law was published in the Official Gazette dated 28 June 2022. With the amendment made in the law, starting from January 1, 2023, notary publics were given the authority to make real estate purchase and sale transactions and to register title deeds. However, the purchase and sale of housing through the notary public, which should have entered into force on January 1, 2023, was postponed to July 1, 2023 by the decision of the Board. According to the details of this change; Notary publics, while performing real estate purchase and sale transactions, the relevant title deed and notary fees and expenses; They will not be able to charge any other fee. The notary fee the notary can charge will depend on the value of the property. However, the lowest fee and the highest fee will be determined for this service each year. Since these contracts are exempt from stamp duty and securities fees, the notary public cannot charge any other taxes or duties.
Since the regulations on the subject are still not legalized, all real estate purchases and sales continue to be made in the land registry offices.
5) The title deed fee to be paid in the purchase of the house is paid by the buyer and the owner.