GUIDE FOR FOREIGNERS REGARDING TRANSACTIONS TO PURCHASE IMMOVABLES IN TURKEY
This guide is designed to help real
persons of foreign nationality to avoid problems when acquiring immovable
property in our country. However, the guide does not substitute the necessary
professional consultation services.
1. Legal basis:
Pursuant to amended Article 35 of the Deed Law no. 2644, amended
by Law No. 6302 enacted in May, the implementation of the reciprocity principle
for real persons of foreign nationality to acquire immovables in our country
has been abandoned. It is possible to obtain information from Turkish Embassy
or Consulate General in your country or from legations of your country in
Turkey regarding the possibility of acquiring
immovables or obtain limited real rights in our country. It would be
appropriate for foreign real persons to consider following issues, so that they
would not incur any loss:
2. Formal contract preparation:
According to current legislation in Turkey, official contracts
aiming at the transfer of immovable property should be made at the Title Deeds
Registry Office in the place where
immovable property is located. It is also possible to sign a "preliminary
contract for sale" in the presence of a notary public prior to official
sale.
Gaining property right of the
property sold with a an official contract would be actualized by the registry
before Title Deeds Registry Office.
3. Legal limitations for
acquisition of immovables by foreigners :
A. Foreigners can acquire immovables
to use either as workplace or residence in Turkey provided that they comply
with legal limitations. However, though located in different provinces, total
surface area of immovables acquired by a a foreigner in Turkey shall not exceed
30 hectares .
B. It is required for foreigners to obtain permission from the local military
authorities prior the purchase of immovable. In case the said immovable is
located in security zone, it would not be possible to sell this property to
foreigners. Thus this matter should be clarified before the payment is made.
Practical Information:
A. When real persons of foreign nationality apply to relevant Title
Deed Registry Office to acquire an immovable, they should bring the following
documents with them:
- Identity cards or passports,
- Residence permit obtained from relevant police department for
foreigners whose property acquisition are subject to residence permit,
- Originals and Turkish translations or notarized copies of powers
of attorney in case their transactions are made by their proxies, powers of
attorney of whom are prepared abroad,
powers of attorney of whom are prepared abroad.
B. Prior to signing sales contracts matters such as whether the
property is registered under limited real rights or not, whether they are mortgaged or not or whether
there is an obstacle which would prevent the sale or not should be checked with
the relevant Title Deed Registry Office.
C. It would be appropriate for foreigners who want to buy property
in our country;
- not to sign legally binding contracts before Title Deed Registry
Offices without obtaining necessary information about the said property and not
to make any payment
provided that it has any relation,
- not to commence transactions without investigating the selling
person or company, not to work with persons or companies
who cannot prove their seriousness and reliability.
In case of a dispute with regard to bargain and sale, it is
necessary to resort to jurisdiction about the matter and open a lawsuit in
Turkish courts. It is not possible for Turkish Foreign Ministry and foreign
delegations to get involved in judicial process.
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