Türkiye'de Bir Gayrimenkul Satın Almadan Önce Yapılması Gereken Yasal Kontroller

Buying property in Turkey is a major investment step sought by many Arabs and foreigners due to the unique opportunities it offers, whether for residency, obtaining Turkish citizenship through investment, or even achieving financial returns through renting and resale.

However, this step is not just a simple financial transaction, but requires legal awareness and precise procedures known as legal due diligence steps before buying property in Turkey.

Conducting legal due diligence on a property in Turkey is a fundamental guarantee for any investor, as it reveals the true status of the property, whether in terms of ownership, absence of debts and mortgages, compliance with legal permits, or suitability for habitation. This due diligence also helps avoid any real estate fraud that buyers unfamiliar with Turkish laws may fall victim to.

In this comprehensive article, we will cover in detail all aspects related to the legal due diligence process, starting with verifying the title deed before buying property in Turkey, then ensuring the property is free of debts or mortgages in Turkey, and reviewing the building permit for the property in Turkey.

Reaching the real estate appraisal report before purchasing in Turkey, and examining the occupancy permit (Iskan) in Turkey, as well as the required legal documents, reviewing the competent government authorities, in addition to the role of reliable real estate companies such as Mbany Real Estate in facilitating these procedures.

This guide will not be limited to presenting the steps only, but will also explain common mistakes, potential risks, and practical tips, to be a comprehensive reference for anyone who wishes to buy property in Turkey safely.

Importance of Legal Due Diligence for Property in Turkey

Legal due diligence for property in Turkey is the most important step that no investor or buyer wishing to secure their investment can do without.

The property may appear from the outside to be a golden opportunity, whether in terms of price, location, or area, but the legal reality may hold unexpected surprises.

The legal due diligence steps before buying property in Turkey protect the buyer from falling into the trap of non-compliant properties, those burdened with mortgages, or not conforming to urban plans, which may cause significant financial losses or lengthy legal disputes.

Protecting Investors from Real Estate Fraud

In recent years, Turkey has recorded many cases of real estate fraud in which foreign investors fell victim, especially those who did not adhere to legal fraud prevention procedures when buying property in Turkey. The most prominent forms of fraud include:

• Selling the property to two people at the same time.
• Offering properties with forged documents.
• Falsifying owner data in the land registry.
• Concealing the existence of mortgages or debts on the property.

By following the legal verification steps for property in Turkey, the investor can protect themselves from all these risks by reviewing the documents with the Land Registry Directorate (Tapu Office), enlisting the help of a specialized lawyer, and dealing only with well-known companies such as Mbany  Real Estate.

Ensuring Long-Term Investment

Real estate investment is not a short-term process, but a long-term project, whether the purpose is housing, obtaining citizenship, or investment.

Hence the importance of verifying the legal documents for buying property in Turkey accurately, because any legal defect at the beginning of the purchase process will negatively affect the value of the property or the possibility of selling or renting it later.

For example, if the property does not have an occupancy permit (Iskan), the buyer will not be able to register the property correctly in their name, which may expose them to problems with government authorities.

If the property is not free of mortgages, the buyer may have to pay debts that are not their responsibility. Therefore, the legal due diligence steps before buying property in Turkey are not just a formality, but the cornerstone for the success of any successful purchase and investment.

Verifying the Title Deed Before Buying Property in Turkey

The title deed (Tapu) is the most important legal document to verify when undertaking legal due diligence steps before buying property in Turkey. It is the official document that proves ownership of the property and details all its legal aspects such as location, area, type of property (residential – commercial – land), and the name of the legal owner.

Ignoring the verification of the title deed before buying property in Turkey may lead to buying a property that does not have a clear legal title, or a title that is not valid for transfer, or even a title that belongs to a completely different property. For this reason, reviewing the deed and confirming its validity in the Turkish Land Registry is an essential step.

Reviewing the Land Registry (Tapu) Before Buying Property

Every property in Turkey is registered with the Land Registry Directorate (Tapu ve Kadastro Müdürlüğü), and the buyer must review this directorate to verify the accuracy of the deed data. The review process includes the following:

• Ensuring that the owner's name in the land registry matches their data in the identity card.
• Verifying the location, area, and specifications of the property mentioned in the Tapu.
• Ensuring that the Tapu is transferable and disposable without legal obstacles.

Fraudulent activities often occur through forging deeds or presenting images that do not match the original. Therefore, reviewing the Tapu from the official source gives the buyer confidence that the property is registered correctly.

Verifying Owner Information in the Land Registry in Turkey

One of the most important points that foreign buyers overlook is verifying that the seller is the true owner of the property. Some fraudsters may present themselves as agents or relatives of the owner, and then conclude illegal sales contracts. Therefore, the following must be done:

• Compare the owner's name in the title deed with their official identity data.
• Ensure that the person authorized to sell has a legally documented power of attorney if they are not the direct owner.
• Enlist the help of a lawyer to verify the validity of the power of attorney or authorization used in the sale process.

With these steps, the buyer avoids any attempt to sell a property by an unauthorized person, which falls under avoiding legal fraud when buying property in Turkey.

Ensuring the Property is Free of Debts or Mortgages in Turkey

One of the most serious problems a buyer may face is discovering that the property is burdened with debts or mortgaged to the bank after completing the purchase. Hence the importance of ensuring the property is free of debts or mortgages in Turkey as a pivotal step within the legal due diligence steps before buying property in Turkey.

How to Check for Mortgages and Debts?

1. Request an official statement from the Land Registry Directorate: This statement clarifies whether the property is mortgaged to any party or burdened with any financial obligations.
2. Inquire with the local municipality: Some properties may have unpaid municipal taxes or service fees that have not been settled.
3. Verify mortgage loans: If the property is mortgaged to a bank, the buyer will not be able to register ownership until the debt is paid in full.

Associated Risks

• If the buyer does not verify, they may find themselves required to pay the previous debts.
• The mortgaged property cannot be transferred to the buyer's name until the mortgage is officially lifted.
• The property may be seized by the bank or the creditor.

Therefore, the step of ensuring the property is free of debts or mortgages in Turkey protects the buyer from unexpected financial obligations and ensures that the purchase process is safe and transparent.

Real Estate Due Diligence in Turkey

One of the most important aspects of legal due diligence when purchasing property in Turkey is ensuring that the property has an official building permit issued by the municipality. Some properties may be constructed in violation of urban plans, which exposes them to the risk of demolition or refusal of registration in the Land Registry (Tapu).

Matching the Permit with the Urban Plan

It is essential to ensure that the building fully complies with the urban plan issued by the municipality by:

• Reviewing the building permit and comparing it with the engineering designs.
• Verifying the number of authorized floors.
• Confirming that the built area matches what is recorded in the permit.

Any discrepancy between the actual plan and the permit could put the buyer in legal trouble later, such as fines or even the demolition of non-compliant parts.

Examining the Habitation Certificate (Iskan) in Turkey

The "Iskan" document, or Habitation Certificate (İskan Belgesi), is a certificate issued by the municipality confirming that the building is habitable and meets construction standards. The importance of checking the Iskan certificate:

• Without it, the Tapu cannot be fully registered in the buyer's name.
• Its absence may mean that the building was built in violation of regulations or did not meet safety requirements.
• Some banks refuse to grant mortgage loans for properties that do not have an Iskan certificate.

Therefore, reviewing the building permit for the property in Turkey and examining the Habitation Certificate (Iskan) in Turkey are indispensable steps for any investor or buyer who wants to purchase a fully legal property.

Real Estate Appraisal Report Before Buying in Turkey

Since 2019, obtaining a real estate appraisal report before buying in Turkey has been mandatory for foreigners wishing to purchase real estate in Turkey. The purpose of this report is to determine the true value of the property by experts accredited by the Capital Markets Board (SPK).

Importance of the Real Estate Appraisal Report

• Ensures that the buyer does not pay a price higher than the actual market value.
• It is a prerequisite for obtaining Turkish citizenship through real estate investment (minimum of $400,000).
• Helps in negotiations with the seller as it determines the fair price.

Report Content

• Detailed information about the property's location.
• Accurate description of the building (area – number of rooms – building condition).
• Comparison with prices of similar properties in the area.
• Determining the final market price on which the Tapu is based.

Therefore, the step of obtaining a real estate appraisal report before buying in Turkey not only protects against price manipulation but also represents an additional guarantee of the transparency of the process.

Legal Documents for Buying a Property in Turkey

No purchase transaction can be completed without preparing the complete legal documents, as these documents are the cornerstone upon which the notary and the Land Registry rely to complete the sale.

As part of the legal due diligence steps before buying a property in Turkey, ensuring the validity and completeness of the documents is a crucial step to protect the buyer's rights.

Most Important Legal Documents for Buying a Property in Turkey

1. Title Deed (Tapu): This is the official document that proves ownership of the property, and it must be ensured that it matches the actual specifications.
2. Real Estate Appraisal Report Before Buying in Turkey: Mandatory for foreigners, and it determines the true market value of the property.
3. Building Permit: Clarifies that the building was built legally and with the approval of the municipality.
4. Habitation Certificate (Iskan): A document confirming the suitability of the building for residential use.
5. Earthquake Insurance Policy DASK Before Buying in Turkey: This insurance is mandatory for registering the Tapu and protects the property from natural hazards such as earthquakes.
6. Tax Number: Especially for foreigners, it is a prerequisite for registering ownership.
7. Translated and Notarized Passport (for foreigners): To ensure the legality of the transaction and its official documentation.

All these documents must be verified carefully, as any deficiency or error may lead to delaying the registration process or invalidating the sale.

Preliminary Sales Contract and Legal Due Diligence in Turkey

It is common for the buyer and seller to sign a preliminary sales contract before registering the Tapu, especially in cases of purchasing properties under construction or large residential projects.

Importance of the Preliminary Sales Contract

• Ensures the rights of both parties until the transfer of ownership is completed.
• Documents the agreement on the price, payment method, and deadlines.
• It is notarized to ensure its legal validity.

Legal Due Diligence Before Signing the Contract

• Reviewing all the legal terms in the contract.
• Ensuring that the property data is included as it is in the Land Registry.
• Ensuring that there is a penalty clause in case one of the parties breaches the agreement.

Consulting a specialized lawyer here is extremely important, as many real estate dispute cases in Turkey are due to signing inaccurate or non-compliant contracts with the law.

Verification from Government Entities Before Buying a Property

As part of the legal due diligence steps before buying a property in Turkey, some government entities must be consulted to ensure the safety of the property and the absence of any obstacles preventing its registration.

Obtaining Approval from the Ministry of Defense Before Buying a Property in Turkey (in Sensitive Areas)

Some properties are located near military or strategic areas, and in this case, official approval must be obtained from the Turkish Ministry of Defense before transferring ownership. This includes:

• This condition applies specifically to foreigners.
• Ignoring it may lead to the Land Registry refusing to register the property.

Ensuring that There are No Tenants in the Property in Turkey

It is essential to ensure that the property is free of tenants, especially in ready-made residential or commercial properties. This includes:

• An existing valid lease agreement may prevent the buyer from using the property immediately.
• In some cases, the tenant has the right to stay in the property until the end of the contract term.

Therefore, obtaining approval from the Ministry of Defense and ensuring that there are no tenants are steps that are no less important than verifying the title deed or license.

Real Estate Due Diligence Procedures for Foreigners in Turkey

Foreigners face some additional requirements when buying properties in Turkey, which requires precise knowledge of how to complete the procedures legally.

Most Important Procedures for Foreigners

1. Obtaining a Tax Number: It can be easily extracted from the tax office using a passport.
2. Opening a Bank Account in Turkey: Necessary to transfer funds legally through banks.
3. Translating and Notarizing the Passport: The translation must be done by a sworn translator and notarized at the Notary Public.
4. Seeking assistance from Mbany Real Estate or trusted companies: Helps in arranging legal documents and avoiding any potential obstacles.
5. Obtaining a Permit from the Ministry of Defense (when needed): Especially if the property is located in military or sensitive areas.

These procedures may seem complex, but specialized real estate companies such as Mbany Real Estate facilitate the process for foreign investors and ensure that the process proceeds according to the correct legal frameworks.

Avoiding Legal Fraud When Buying a Property in Turkey

One of the biggest challenges facing foreign investors is real estate fraud. Therefore, avoiding legal fraud when buying a property in Turkey should be a primary goal when following any of the legal due diligence steps before buying a property in Turkey.

Most Important Methods of Real Estate Fraud

• Selling non-existent properties on the ground (especially fake projects).
• Selling a property owned by someone else without their knowledge.
• Forging title deeds or sales contracts.
• Selling properties encumbered with debts or mortgages without the buyer's knowledge.

Tips to Avoid Fraud

1. Do not pay any large amount of money without an official contract.
2. Review all documents with a specialized lawyer.
3. Verify the validity of the Tapu data in the Land Registry Office.
4. Dealing with trusted real estate companies such as Mbany Real Estate.
5. Staying away from unlicensed brokers or suspicious offers.

Frequently Asked Questions: Real Estate Due Diligence Steps Before Buying a Property in Turkey

Conclusion: Real Estate Due Diligence Steps Before Buying a Property in Turkey

Following the legal due diligence steps before buying a property in Turkey is not just a routine procedure, but it is the real guarantee of a successful and safe investment.

From verifying the title deed, to ensuring that the property is free of debts or mortgages, reviewing the building permit for the property, the real estate appraisal report, and up to the Earthquake Insurance Policy DASK before buying in Turkey, all these steps represent a protective shield against risks.

For foreigners, the real estate due diligence procedures for foreigners in Turkey require greater accuracy, so it is always recommended to seek the assistance of a specialized lawyer or a reputable company such as Mbany Real Estate.

In this way, buying a property in Turkey becomes a successful investment step, far from any disputes or legal fraud, and gives the buyer peace of mind and guarantees a long-term investment.