Buying property in Turkey is a significant investment decision for foreign investors or those looking to own property abroad, given the diverse opportunities, competitive prices, and advanced legal advantages offered by the Turkish real estate market. However, to ensure a safe investment, following the legal steps for buying property in Turkey is crucial.
In this comprehensive guide, we will review the most important legal procedures for buying property in Turkey, explain the requirements for buying property in Turkey, and clarify the rights of foreigners in purchasing real estate in Turkey, with a focus on verifying the property's validity in Turkey and registering the property in the Turkish Land Registry (Tapu).
Additionally, we will cover property transfer fees in Turkey, the importance of hiring a real estate lawyer in Turkey, and everything you need to know to avoid legal problems when buying property in Turkey.
The Importance of Understanding Real Estate Laws in Turkey
Real Estate Laws in Turkey for Foreigners
Turkish real estate laws grant foreigners the freedom to own apartments for sale in Turkey, subject to certain regulatory restrictions imposed by the state for security and geographical reasons.
Key Highlights of Real Estate Laws in Turkey:
- Foreigners cannot own properties within prohibited military or security zones.
- The maximum area allowed for foreign ownership is 30 hectares as a total area across Turkey.
- The volume of foreign ownership in a specific area should not exceed 10% of the total properties in that area.
Rights of Foreigners When Buying Property in Turkey
Turkey grants foreigners a set of clear legal rights that ensure the safety of real estate transactions, such as:
- Registering the property in the foreigner's name in the Turkish Land Registry (Tapu).
- Applying for a real estate residence permit after the purchase, which facilitates long-term residency.
- Legal protection through notarized contracts and official translations.
Tip: Always review the provisions of Turkish real estate laws with a specialized real estate lawyer before signing any contract.
Legal Steps to Buy Property in Turkey
Property Reservation and Negotiation with the Seller
The first step in buying property in Turkey is choosing the right property, whether it is an apartment in Istanbul or in coastal areas such as Antalya, then negotiating with the seller or with a reputable real estate marketing company such as Mbany Real Estate. Ensure the following:
- Confirm that the property is being offered by a licensed entity.
- Review the building permit, project plan, and legality of the land on which it was built.
Signing the Preliminary Purchase Agreement
Upon agreement on the details, a preliminary purchase agreement is signed, containing:
- Parties' details.
- Property information.
- Payment terms and schedules.
- Cancellation terms.
It is advisable to sign the contract in the presence of a real estate lawyer in Turkey to ensure the safety of the procedures.
Obtaining a Tax Identification Number and Opening a Bank Account
Requirements for buying property in Turkey include:
- Obtaining a tax identification number from the Turkish Tax Office.
- Opening a Turkish bank account in the buyer's name to transfer funds legally.
Verifying the Property's Validity Before Purchase
Verifying the Validity of the Property in Turkey
One of the most important legal procedures for buying property in Turkey is ensuring that the property is legal and valid for sale:
- Check the building permit and occupancy permit ("Iskan") of the property.
- Ensure that the property is free from liens or mortgages.
- Examine the legal status at the Turkish Land Registry (Tapu).
- Review the property's tax and municipal status.
Verifying the Title Deed of the Property in Turkey
- Obtain an original copy of the title deed (Tapu).
- Ensure that the seller's name matches what is officially registered.
- Verify the boundaries and legal area of the property.
Do not rely on photocopied documents or verbal statements.
The Importance of Hiring a Real Estate Lawyer in Turkey
The Role of a Real Estate Lawyer
Hiring a real estate lawyer in Turkey is a smart move that protects you from legal surprises, as they will:
- Examine contracts carefully.
- Ensure that the property complies with all real estate laws in Turkey.
- Provide legal advice at every stage.
- Represent you in official transactions and at the Land Registry (Tapu).
Reducing Legal Risks
Through a lawyer, the chances of exposure to:
- Real estate fraud or fake contracts are reduced.
- Buying an unlicensed property or one with problems is less likely.
- Entering into legal disputes later is minimized.
Registering the Property in the Turkish Land Registry (Tapu)
Procedures for Registering the Property
After signing the contract and transferring the payments, the process of registering the property in the Turkish Land Registry (Tapu) begins through the following steps:
- Submitting the application to the Land Registry Directorate.
- The presence of both parties or their official representatives.
- Signing the transfer agreement and paying the fees.
- Issuing an official title deed in the buyer's name.
Property Transfer Fees in Turkey
- The fees are estimated at 4% of the declared value.
- In some cases, it is divided between the buyer and the seller.
- Payment must be made in cash or through a Turkish bank account.
Buying Apartments for Sale in Turkey for Foreigners
Buying an Apartment in Istanbul for Foreigners
Istanbul is one of the most attractive cities for foreign investors looking to buy an apartment in Turkey for residential or investment purposes. Through the availability of:
- Luxury or affordable projects depending on the budget.
- Ready-to-move-in or under-construction apartments.
- Proximity to transportation and services.
Requirements for Buying Property in Turkey for Foreigners
- The property must be legally licensed and registered in the Land Registry (Tapu).
- Obtaining an official and approved property appraisal.
- The property must not be located within a prohibited area for foreigners.
Investing in Real Estate in Turkey Safely
How to Ensure a Successful Real Estate Investment?
- Choose a well-known company such as Mbany Real Estate.
- Obtain an official real estate appraisal report.
- Hire a specialized lawyer to examine the contracts.
- Register the property immediately after purchase.
Tips Before Buying Property in Turkey
- Do not sign an undocumented contract.
- Do not pay the full amount before obtaining the title deed.
- Verify the geographical location and property data in the Land Registry (Tapu).
- Visit the property in person before buying.
Procedures for Transferring Ownership After Purchase
Required Documents
- Original passport translated and notarized.
- Turkish tax identification number.
- Signed copy of the purchase agreement.
- Official real estate appraisal report.
- Recent personal photos of the buyer.
Registering Ownership in the Buyer's Name
After submitting all the documents and paying the property transfer fees in Turkey, the Land Registry Directorate issues an official title deed in the buyer's name.
Common Legal Problems to Watch Out For
Delay in Issuing the Tapu (Title Deed)
The issuance of the Tapu may be delayed for reasons such as:
- Missing documents.
- Legal defect in the project.
- Seller's failure to complete the transactions.
Disputes Over Ownership
Parties may appear claiming ownership of the property based on old, uncancelled contracts. Or the property is sold to more than one person without the knowledge of the new buyer.
Proposed Solutions
- Deal with a licensed company such as Mbany Real Estate.
- Review the papers carefully at the Turkish Land Registry (Tapu).
- Hire a certified real estate lawyer in Turkey.
Frequently Asked Questions: Important Legal Steps When Buying Property in Turkey
+
Can a foreigner buy more than one property in Turkey ?
Yes, a foreigner can buy more than one property in Turkey, provided that the total area of the properties does not exceed 30 hectares and that they are not located within military or security zones.
+
What are the property transfer fees in Turkey ?
The property transfer fees in Turkey are usually estimated at 4% of the declared value of the property in the sales contract.
+
Is it necessary to have a real estate lawyer ?
Yes, it is necessary to have a real estate lawyer, especially for foreigners, to ensure the safety of all the legal procedures for buying property in Turkey.
+
How long does the Tapu registration process take ?
The Tapu registration process takes between 3 to 7 business days after submitting all the required documents.
+
Is it possible to obtain a real estate residence permit after purchase ?
Yes, it is possible to obtain a real estate residence permit after purchase, provided that the value of the property exceeds 200,000 US dollars (may vary depending on the city).
Conclusion: Important Legal Steps When Buying Property in Turkey
Buying property in Turkey is a vital investment and a smart choice, but it is essential to adhere to the important legal steps when buying property in Turkey, especially with the detailed aspects of Turkish real estate laws. Be sure to:
- Follow all legal procedures for buying property in Turkey.
- Hire a real estate lawyer in Turkey.
- Verify the validity of the property and the title deed.
- Register the property in the Turkish Land Registry (Tapu) immediately.
- Comply with paying the property transfer fees in Turkey.
We also advise you to cooperate with a reliable company such as Mbany Real Estate to ensure a safe purchase free of legal problems when buying property in Turkey. Through these steps, you ensure maximizing the benefits of real estate investment in Turkey with confidence and security.
11-06-2024 
