Promise of Sale, Notarial Sale and Registration
A promise of sale creates an obligation to sell; it does not itself transfer ownership. A property sale may be concluded at the land registry or before a notary under Article 61/A of Law No. 1512. The notarial sale is recorded electronically and registered by the land registry. Annotation of a promise and registration of ownership are distinct.
Sale formalities and registration explanation reviewed: · 1512 / 61/A · 7413 / 12
What is Real Estate Acquisition by Foreigners?
Real estate acquisition by foreigners is a legal process regarding the acquisition of property or limited real rights in Turkey by natural persons who are not citizens of the Republic of Türkiye or legal entities established in foreign countries. This transaction is not completed solely by the private contract between buyer and seller; Ownership of real estate is acquired through official transactions and registration at the land registry office.
The official sale contract can be concluded at the land registry or before a notary under Article 61/A of the Notary Law. Acquisition of ownership requires registration in the land register.
Under what conditions can foreigners buy real estate?
Real estate acquisition by foreign natural persons is evaluated within the framework of Article 35 of the Land Registry Law No. 2644. The basic control headings are compliance with legal restrictions, being a citizen of the country where acquisition is permitted, the immovable property not being in a prohibited or security zone, and complying with surface area limits.
In the text of the amendment to the Land Registry Law shared by TKGM, it is stated that the total area of immovable properties and limited real rights acquired by foreign natural persons cannot exceed ten percent of the privately owned district surface area and thirty hectares per person throughout the country.
These boundaries show the general framework. In the concrete transaction, the district where the real estate is located, the nature of the real estate, the citizenship of the buyer and current administrative restrictions should also be checked.
Situation in Terms of Legal Entities and Foreign Capital Companies
Foreign natural persons and legal entities established in foreign countries are not subject to the same rules. Commercial companies with legal personality established in foreign countries in accordance with their own laws can only acquire real estate and limited real rights within the framework of special law provisions.
For companies established in Turkey but with foreign partners or under foreign control, Article 36 of the Land Registry Law and relevant regulations may come to the fore. On the foreigners unit page of TKGM, it is stated that there is a regulation regarding the acquisition of real estate by companies within the scope of Article 36 of the Land Registry Law.
For this reason, it should be clarified at the beginning of the transaction whether the buyer is a natural person, a foreign company, or a company with foreign capital established in Turkey.
What Documents Are Required During the Title Deed Process?
Required documents may vary depending on the concrete transaction. In general, passport or identity document, tax number, photograph, compulsory earthquake insurance, check on whether a valuation report is required, foreign exchange purchase document or payment documents, if there is a power of attorney, a proper power of attorney and translation/approval documents may come to the fore.
If the power of attorney is issued in a foreign country, procedures such as apostille, consulate approval, sworn translation and notary approval may be required. In the acquisition of real estate for citizenship purposes, special commitments, valuation documents and additional administrative controls may come to the fore. TKGM has devoted a separate section to the legislation and frequently asked questions regarding the acquisition of real estate for citizenship.
Purchasing Real Estate for Citizenship Purposes Should Be Considered Separately
A foreigner buying real estate in Turkey is not the same as applying for Turkish citizenship through real estate acquisition. Not every foreign real estate purchase results in citizenship. If there is a citizenship purpose, the purchase price, payment method, valuation, title deed, commitment not to sell for three years and application documents should also be checked.
On the real estate acquisition page of TKGM, there are documents such as Circular No. 2024/4, a guide regarding the acquisition of citizenship through real estate acquisition, and an amount determination document.
Security Zone, Restricted Zone and Other Restrictions
Security zones, military forbidden zones, special security zones, zoning status, agricultural land quality, coastal legislation, protected area, mortgages, liens, annotations and declarations are important in real estate acquisition by foreigners. The presence of restrictions on the real estate may prevent the transaction from being carried out or increase the legal and economic risk of the buyer.
For this reason, before paying the sales price, the title deed record, municipality/zoning status, actual use of the real estate, condominium status, building license and occupancy information should be checked.
Foreign Identification Number and Web Title Deed Procedures
Foreign identification number and real estate association transactions may gain importance in terms of foreign natural persons being able to perform electronic title deed transactions in Turkey. TKGM explains that thanks to the process of associating a foreign identity number with the real estate, foreigners can also make transactions via Web Title Deed, provided that they obtain an e-Government password.
This process is of practical importance, especially for foreigners who own more than one property in Turkey or who want to use electronic processes.
Frequently Asked Questions
Can every foreigner buy real estate in Turkey?
No. The citizenship of the buyer, the location, nature of the real estate and legal restrictions should be checked.
Is there a surface area limit for foreigners to acquire real estate?
As a general rule, a limit of thirty hectares per capita countrywide and ten percent in terms of district area is important; Current limitations in the concrete transaction should also be examined.
Does signing a sales contract at a notary transfer ownership?
A promise of sale creates an obligation to sell; it does not itself transfer ownership. A property sale may be concluded at the land registry or before a notary under Article 61/A of Law No. 1512. The notarial sale is recorded electronically and registered by the land registry. Annotation of a promise and registration of ownership are distinct.
Does a foreigner who buys real estate automatically become a Turkish citizen?
No. Acquisition of real estate for citizenship purposes is subject to separate conditions and administrative application process.
Can real estate be purchased with a power of attorney?
It may be possible; However, the powers must be clearly written in the power of attorney, and the approval/translation procedures must be completed according to the country in which it is issued.