Turkey Guide

Buying real estate in Turkey - Marmaris land

Foreigners may purchase land and property in Turkey in their own names provided that properties are located in towns (i.e. there must be municipality in the area where the property is and the property must be situated within the boundaries of that municipality or borough), not in villages or rural areas and outside of military zones.

In order to acquire the title of a property, an application has to be submitted to the local Land Registry Office in which the property is situated. After carrying out necessary searches and checks for the abovementioned requirements, the transfer of the title is done by the Land Registry Office. During the transaction, the proofs or the documents concerning the transfer of the full purchase price into Turkey must be presented to the Land Registry Office. Also a one per cent duty (i.e. tax) both for the purchaser and seller is due and collected during the transaction. There exists an annual property tax, collected by the municipalities (i.e. local governments) at the rate of 0.3 per cent for private buildings. The newly built properties are exempt from the annual property tax for 5 years. All properties are subject to revaluation for every five years for tax purposes. The acquired property may be resold or rented out and the proceeds may be transferred out of Turkey. Different regulations apply when a property is purchased for business related purposes.

Property Purchasing Laws and Procedures in Turkey

Turkey is becoming a popular holiday destination with its immense unspoilt coastline and Mediterranean climate which offers all-year-round sunshine. Buying property in Turkey is now seen as a good future investment considering the fact that Turkey is on the verge of becoming a member of the EU and has one of the fastest growing emerging markets in the world.

Here we will give you the essential but general information regarding the path to ownership of a property in Turkey according to Turkish Laws (article 35 of the Turkish Constitution) and which problems might arise during the process. Different properties are subject to differing laws (depending on location). Because the following is general information only.

Turkish Property Legislation
Buying real estate in Turkey

Access to Real Estate

Legal entities with foreign capital, established and registered under rules of Turkish Commercial Code can acquire real estate with the same principles as Turkish nationals. The principle of reciprocity is still valid for foreign real persons.

Ownership is defined in article 35 of the Turkish Constitution. This article stipulates that anyone is entitled to ownership and that these rights can only be restricted by other legal stipulations. The restrictions may consist, for instance, of zoning schemes, restrictions applicable to foreigners, etc.

The ownership regulations are elaborated in the Turkish Civil Code, article 633. This mainly explains how ownership is acquired. For the purchase of property by a foreign person, the registration of the land is especially important. In Turkey there are regional directorates of the Land Registry Department, which are subdivided in provincial or district offices and they are all controlled by the state.

Property Registration and Delivery

In most European countries the buyer and seller go to a public notary to have the property put in the name of the new owner. The public notary is responsible for the correct settlement of this procedure. The public notary is also responsible for the delivery, which often takes place in the form of a ‘deed of transfer’ and the entry in the property register.

A solicitor or notary services are not necessary in turkey since the land registry office ‘Tapu’. deals with these duties, however perhaps you may wish to use the services of a lawyer for your own peace of mind.

In contrast to this, the entry in the property register in Turkey is not performed by a public notary, but by an official of the Property Registry Department. It is legally compulsory for both sides (the seller and the buyer) to be present at the entry. It is possible to authorize another person to do so but the authorization requires a notorial deed. As a security measure, it is also advisable to authorize the sale through an official notary.

The delivery of the deed of transfer does not require the intervention of a public notary in Turkey. The only applicable stipulation concerning the delivery is that it takes place in writing. After the entry and delivery the property register issues a proof of ownership, which is called ‘Tapu’. The ownership is only obtained at the moment that the building's, if under construction, has been completed and the full amount has been paid.

Mainly there are no legal restrictions against foreigners regarding the acquisition of property ownership. However, the Village Act and the Military Prohibited and Security Areas play an important role; Article 87 of the Village Act denies the right to foreigners to ownership of property that is outside the centre of a village in case the cadastral division of this area had not been arranged yet or it may belong to the Ministry of Forest. Also, the act regarding Military Prohibited and Security Areas can be an impediment and therefore restrict the acquisition of property by foreigners if the property is located within a particular distance of military sites or strategically important areas.

The major legal restrictions mentioned above may in turn change or even be (partly) cancelled by more recent legislation which is closely related to the promotion of the economic position of Turkey or the adjustment of regulations and laws to EU or tourism promotions for foreigners etc.

Who can bay?

Mutuality principle

The mutuality must be actual and legal. Therefore, the real property acquisition of foreign natural person in Turkey depends on some laws:
1.The Turkish citizens must have the same rights which are supported by the laws in foreign country.
2.This right must be put into practice actually.

The natural people who are citizens of the following countries are free to acquire the real property in Turkey: Federal Republic of Germany, USA, Argentina, Australia, Austria, Barbados, Belgium, The Republic of Dominic, Brazil, Bosnia-Herzegovina, El Salvador,Finland, Sweden, Kenya, Malaysia France, Gabon, Guatemala, Netherlands, England, Ireland, Spain, Italy, Canada, The Turkish Republic of The Northern Cyprus, Colombia, Luxemburg, Malawi, Egypt, Norway, The Central African Republic, Panama, Peru, Somalia, Chile, Tanzania,Turkmenistan, New Zealand, Republic of South Africa, Federal Republic of Yugoslavia(Serbia) Venezuel,Israel.

The real property acquisition of the natural people who are citizens of the following countries depends on some provisions and permissions: Cibuti, Chad, Denmark, Philippines, Ghana, South Korea, Haiti, Croatia,Iran, Switzerland, Japan, Lebanon, Macedonia, Mexico, Nepal, Nicaragua, Pakistan, Poland, Portugal, Singapore,Uzbekistan, Greece, Sri Lanka, Togo, Trinadat-Tobago, Uganda, Jordan.

The natural people who are citizens of the following countries can not acquire the real property in Turkey because we do not have the mutuallity principle with these countries: Afghanistan, Albania, Azerbaijan, Bulgaria, United Arab Emirates, Bahrain, Algeria, Armenia, Ethiopia, Palestine, Indonesia, India, Iceland, Iraq, Qatar, Kazakhstan, Kuwait, Libya, Cuba, Hungary, Niger, Oman, Rumania, Russia, Saudi Arabia, Syria, Tunisia, Ukraine.