Av. Gökçe ATUĞ

Acquisition of Real Estate by Real Foreign Persons in Türkiye

ACQUISITION OF REAL ESTATE IN TURKEY BY FOREIGN INDIVIDUALS
INTRODUCTION

LEGAL BASIS AND RESTRICTIONS

In Turkey, the acquisition of immovable property (real estate) by foreign individuals is governed by Article 35 of the Land Registry Law No. 2644. According to this provision, foreign nationals may acquire real estate based on two fundamental principles:

1. The principle of reciprocity (mutual treatment)
2. Statutory restrictive provisions

Under the principle of reciprocity, a foreign individual seeking to acquire real estate in Turkey must be from a country that reciprocally allows Turkish citizens and legal entities to purchase real estate. However, with Law No. 6302 enacted on May 3, 2012, amending Article 35 of the Land Registry Law No. 2644, the reciprocity requirement has been abolished for citizens of 183 countries. Accordingly, foreign nationals from countries designated by the President of the Republic may acquire real estate in Turkey under certain conditions, even if their home countries do not grant reciprocal rights to Turkish citizens.

Regarding which countries' citizens are eligible to acquire real estate and limited real rights in Turkey, information may be obtained from:

• Turkish Embassies or Consulates
• General Directorate of Land Registry and Cadastre (Foreign Affairs Department)
• Land Registry Directorates

Although it is known that citizens of certain countries—including Syria, Armenia, the Greek Cypriot Administration of Southern Cyprus, and North Korea—are excluded from this list, due to confidentiality requirements, the official list of the 183 eligible countries is not publicly disclosed.

Restrictive provisions include:

• Prohibitions concerning military and security zones: Pursuant to Law No. 2565 on Military Forbidden Zones and Security Zones, foreign individuals must obtain permission from military authorities before acquiring real estate. If the property is located within a military forbidden zone or security zone, acquisition by foreigners is prohibited.
• Quantitative limitations: According to Article 35/1 of the Land Registry Law, the total area of immovable properties and independent, perpetual limited real rights acquired by foreign individuals cannot exceed 10% of the total land area of the relevant district (ilçe) designated for private ownership, nor exceed 30 hectares per individual nationwide. The President of the Republic is authorized to increase this individual nationwide limit by up to two-fold.

A circular issued by the Ministry of Environment, Urbanization and Climate Change clarifies that, provided legal restrictions are observed and excluding military zones, prohibited areas, and strategically sensitive locations, foreign individuals from the aforementioned 183 countries may acquire various types of real estate in Turkey (e.g., residential units, commercial premises, vacant land, agricultural fields). However, the specific list of these 183 countries remains undisclosed.

APPLICATION PROCEDURE AND REQUIRED STEPS

As outlined above, a foreign individual wishing to purchase real estate in Turkey must first confirm that they are a citizen of one of the 183 eligible countries and that their acquisition complies with all legal restrictions.

To verify whether any legal impediments exist regarding a specific property, an official inquiry should be submitted to the relevant Land Registry Directorate where the property is located. If the Directorate responds that acquisition is prohibited, the applicant may file an objection with the Regional Directorate to which the local Land Registry office is subordinate.

If the acquired property is undeveloped land (e.g., vacant plot or agricultural field), the foreign buyer must submit a development project to the relevant authority (e.g., municipality or provincial directorate of agriculture) for approval within two years. Upon approval, the authority will specify commencement and completion deadlines for the project, and this approved project will be recorded in the declarations section of the land registry book by forwarding it to the relevant Land Registry Directorate. Compliance with these deadlines is strictly monitored by the approving authority, and adherence to the timeline is essential.

Under Turkish law, official contracts transferring ownership of immovable property must be executed exclusively at the Land Registry Directorate where the property is located. However, parties may sign a preliminary "promise-to-sell agreement" before a notary prior to the official sale, which is legally permissible. Ownership of the property is effectively transferred only upon registration at the Land Registry Directorate.

Once the Land Registry Directorate confirms that no legal impediment exists for the sale of a specific property to a foreign national, the transaction proceeds under the same terms and conditions applicable to Turkish citizens; no differential treatment applies.

Additionally, the sale price must be at least equal to the “Declared Property Value” (Emlak Beyan Değeri) issued by the relevant municipality. Both buyer and seller are liable to pay title deed transfer fees based on this declared value. Although the applicable rates vary annually, an additional locally determined revolving capital fee is also levied.

Finally, it should be emphasized that the acquisition of real estate in Turkey by foreign nationals is not contingent upon holding a residence or work permit. Therefore, foreign individuals do not need to possess a residence permit to purchase property in Turkey.

REQUIRED DOCUMENTS

• Title deed (Tapu Senedi) of the property
• Valid identification document issued by competent authorities of the foreign national’s country of citizenship (e.g., passport or national ID card). These documents must clearly indicate citizenship. If citizenship information is missing from the passport, an official document issued by the relevant foreign authority confirming citizenship must be presented. Expired passports or ID cards cannot be used for land registry transactions.
• “Declared Property Value Certificate” (Emlak Rayiç Değeri Belgesi) issued by the municipality where the property is located
• Compulsory earthquake insurance policy (DASK policy), if the property is a building (e.g., residence, commercial premises, etc.)
• One recent photograph (6x4 cm, taken within the last six months) of the seller and two of the buyer
• Sworn interpreter (authorized by the Regional Judicial Justice Commission) if either party does not speak Turkish
• Power of attorney or other representation documents (e.g., notarized power of attorney, guardianship order, authorization certificate), if applicable. For powers of attorney issued abroad, the original or certified copy together with its officially certified Turkish translation must be submitted.