What to Pay Attention to When Buying Property in Turkey

What to Pay Attention to When Buying Property in Turkey

Before buying the property in Istanbul, you should be ensured that the technical and legal responsibilities are fulfilled. In this sense, it will be useful for buyers to get information about the issues that they should pay attention to in order not to have problems during the sale of a property in Turkey.

Restrictions on Selling a Property in Turkey for Foreigners

The 2012 regulations in the Land Registry and Cadastre Law No. 6302 on the Acquisition of Real Estate by Foreigners in Turkey offer great opportunities. Foreigners have had the right to acquire real estate in Turkey since 1934. However, this right was limited to the “principle of reciprocity”. In accordance with the principle of reciprocity; only citizens of countries that gave Turkish citizens the right to acquire real estate in their country could acquire real estate in Turkey. The number of countries that could acquire real estate from Turkey was limited to 53. With the 2012 regulation, foreigners were given the right to acquire real estate in Turkey unconditionally, without seeking the principle of reciprocity. Today, citizens of 183 countries can buy real estate in Turkey. However, there are exceptional cases of this regulation. Foreigners, especially from countries bordering Turkey, are prohibited from acquiring property in some border cities. If it is understood that your country of citizenship is not among the aforementioned 183 countries or it is understood that you are subject to the borders of the neighboring country, the house sale will not take place.


Commitment Factor

The legal arrangements made in the Land Registry and Cadaster Law were not only the number of countries. In the previous law, the area of immovables to be acquired by foreigners was limited to 2.5 hectares. As of 2012, when the law was changed, the real estate purchased by foreigners does not exceed 10% of the area of the district where private property is located, but can be up to 30 hectares in total throughout the country. This figure can be increased up to 60 hectares by the decision of the Council of Ministers. The undertaking to be signed by foreigners during the sale of the property is related to this surface area. Foreigners sign a letter of undertaking stating that the immovables they own in total within the borders of Turkey do not exceed 30 hectares and agree to liquidate the excess amount and convert it into value in case the contrary is proven


Military Security Zones are the Exception

During the title deed transactions where foreigners are a party to the sale of a property in Turkey, another point of attention is that the area where the said property is located is close to the military security zone or the prohibited area. Properties cannot be sold to foreigners in areas close to areas declared as 1st or 2nd degree military security zones. If the property you want to buy in Turkey is under these conditions, your property sale cannot be made.


You Must Make an Appointment from Land Registry Offices

For property sales transactions, you need to make an appointment with the land registry and cadastre offices in Turkey. You can do your property sales transactions by being at the relevant Land Registry and Cadaster Office at the appointment time. On the other hand, you can sell the property without coming to Turkey. When you apply to the Land Registry and Cadaster Representatives opened by the Ministry of Environment and Urbanization abroad, your real estate sales process is carried out. Land Registry and Cadaster Representations are limited to certain countries for now.


Documents Required During Home Sale Must Be Complete

During the sale of the property in Turkey, you should make sure that the documents requested are complete and in the desired form. It is not possible to sell a real estate with missing or incorrect documents.


·       Identity document or passport of the country of citizenship: You should make sure that the passport with the identity document of the country of citizenship, which has a photograph on it, has not expired.


·       Real Estate Valuation Report: The validity period of the real estate appraisal report is 3 months. The sale of the house must be completed within 3 months of purchase. Real estate valuation report can be obtained from institutions determined and announced by the Capital Markets Board (SPK).


·       Real Estate Declaration Document: The real estate declaration document, obtained from the municipality to which the property is connected, must be available during the house sales transactions.


·       Passport Photo: During the sale of the property in Turkey, passport photos of the seller and the buyer are requested.


·       Compulsory Earthquake Insurance Policy: Sales cannot be made without the compulsory earthquake insurance policy of the house.


·       Tax Identification Number: The tax identification number is among the documents requested from foreigners during the sale of the house.


·       *Power of Attorney: In the event that either the seller or the buyer is unable to attend, a representative can be appointed by power of attorney. Power of attorney prepared in Turkey must be arranged in a notary public with a photograph. In addition, it should be ensured that the content of the power of attorney includes private information about the house, such as home address. A power of attorney can be issued with the same content in Turkey's consulates abroad. If the power of attorney is the foreign country's own.