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Guide for Foreigners

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Guide for Foreigners

01.10.2022

REAL ESTATE PURCHASING PROCEDURES IN TURKEY FOR FOREIGNERS GUIDE


This guide has been prepared in order to help foreign real persons not to encounter problems in acquiring real estate in our country. However, the guide does not replace the necessary professional consulting services.


1. Legal basis:


Pursuant to Article 35 of the Land Registry Law No. 2644, amended by the Law No. 6302, which entered into force in May, the practice of seeking reciprocity in the acquisition of real estate by foreign real persons in our country has been abandoned. It is possible to get information from the Turkish Embassy or Consulate General in your country or your country's representatives in Turkey about whether you can acquire real estate and limited real rights in our country. It would be appropriate for foreign real persons to pay attention to the following issues in order not to incur any loss while purchasing real estate in our country:


2. Formal arrangement of contracts:


According to the current legislation in Turkey, official contracts aiming at the transfer of immovable property must be made at the Land Registry Offices where the immovable is located. It is also possible to sign a "promise of sale contract" in the presence of a notary before the official sale.

The acquisition of the ownership of the immovable whose sales contract is made officially is possible with the registration to be made at the Land Registry Offices.


3. Legal restrictions on acquisition of real estate by foreigners:


A. Foreigners may purchase real estate to be used as a workplace or residence in Turkey, provided that they comply with legal restrictions. However, even in different cities, the total area of immovables that a foreign person can purchase in Turkey cannot exceed 30 hectares.


B. It is also necessary to obtain permission from the military authorities in the region before foreigners purchase real estate. It is important that this issue be clarified before the payment is made, as it will not be possible to sell the real estate to foreigners if the said real estate is located within the security zone.


4. Practical information:


A. In the applications of foreign national real persons to the relevant land registry directorates for the acquisition of real estate:


-Identity documents or passports,


- Residence permits issued by the relevant police directorates for foreigners whose real estate acquisitions are subject to a residence permit,


- In case of making transactions by proxy on the basis of the power of attorney issued from abroad, the original of the power of attorney together with its translations.


 or have a certified copy with them.


B. Before making sales contracts, matters such as whether the immovable is registered with limited real rights, whether it is mortgaged or whether there is any situation that prevents its sale, should be checked from the relevant Land Registry Office.


C. Foreigners who want to buy property in our country,


- Legally binding without obtaining information about the immovable in the Land Registry Offices, provided that he/she proves that he/she is related.


not signing contracts and not making payments,


- The person or company who cannot prove that they are serious and reliable, should not initiate their transactions without researching the seller person or companies.


It would be appropriate not to work with companies or companies.


In case of any disagreement regarding the purchase and sale, the situation should be brought to the judiciary and a lawsuit should be filed in Turkish courts. It is not possible for the Turkish Ministry of Foreign Affairs and foreign missions to intervene in the judicial process.