Upon heavy demands we received from our foreigner clients and client candidates, we have decided to publish this article, Buying A Property In Turkey, which includes key information regarding obtaining Turkish citizenship through buying a property as an exceptional way of Turkish citizenship acquisition. Our
Our real estate lawyers assist their clients for finding the right real estate property, represent our clients during property acquisition, prepare real estate sale contracts, real estate broker contracts, preliminary contract for real estate sale and amend these contracts for use. We also file short term residence permit and Turkish citizenship applications of our clients and follow up each process required for obtaining your Turkish passport.
Our immigration lawyer in Turkey do perform Turkish citizenship services with investment and have extensive knowledge in immigration law and practice in Turkey. Our law firm in Turkey has obtained over 150 passport so far from Egypt, India, Hong Kong, Libya, Morocco, Iran, China, the USA and Lebanon.
Can Foreigners Buy Property In Turkey?
Yes, foreigners can buy property in Turkey. Details of buying a property in Turkey is regulated under 2644 numbered Turkish Land Registry Law, Article 35 and 36. Pursuant to Article 35 of 2644 Law, foreign real persons, who are citizens of the countries designated by the President of the Turkish Republic, may acquire real estate and limited rights in Turkey, provided that legal restrictions are complied with, in terms of international bilateral relations and in cases where the countries’ interests so require.
In order to be informed regarding which country citizens can acquire real estate property in Turkey, applicant shall contact the Directorate of Foreign Affairs of the General Directorate of Land Registry and Cadastre; the Land Registry Directorates; Turkish Embassy or Turkish Consulate General. Acquisition of the real estate property ownership title may be approved upon registration at the land registry directorates in Turkey. Preliminary contracts for real estate purchase issued and notarized before a Notary Public do not confer transfer of property per se.
Restrictions On Property Acquisition In Turkey By Foreigners
Foreigner real persons can acquire real estate property in any area of Turkey where private property is allowed, upon permission granted. On the other hand, there are restrictions on property acquisition in Turkey by foreigners which are emphasized under 2644 numbered Turkish Land Registry Law:
- Foreigner real persons may not acquire and lease real estate properties in military zones or military security zones.
- The total area of immovables acquired by real person foreigner cannot exceed ten percent of the district area subject to private ownership and thirty hectares per capita throughout the country.
Buying A Real Estate Property In Turkey Tips
- Before buying the property collect information regarding the property you will buy in order to make sure it is the right property for you. Make research on the district you are willing to settle. Inquiries about properties may be made online through https://parselsorgu.tkgm.gov.tr link. Ask your lawyer and/or the real estate broker to make due diligence report on the real estate property you are willing to purchase. Our lawyers in Turkey conduct real estate due diligence process in order to make sure the property to be purchased is distrained, encumbered or free of debts. These can be interrogated through land registry office or General Directorate Of Land Registry And Cadastre.
- Foreigners who want to buy real estate property should make an online appointment via the Land Registry and Cadastre, General Directorate Land Registry Appointment System (https://randevu.tkgm.gov.tr/) in order to carry out sale, purchase and ownership transfer transactions. An appointment can be reserved physically by going to the relevant land registry office too.
- It is not sufficient to make a preliminary contract for real estate purchase issued and notarized before a Notary Public regarding the real estate ownership to be transferred since such contracts serve only as a commitment for the transfer of the ownership. Official transactions regarding sale, purchase and transfer of real estate must be carried out at the relevant land registry office.
- It is necessary to make an agreement with a reliable real estate consultant and/or a lawyer. Our law firm carries out and finalizes procedures regarding real estate property purchase with real estate consultants/brokers and private immigration agencies/foreigner consultants if need be.
What Are The Legal Requirements For Buying A Property In Turkey?
- ID and passport of the buyer must be presented. A copy of these documents must be translated by a sworn translator and certified by a notary public. Expired passports or identity documents cannot be used in land registry transactions.
- Photograph of the buyer must be presented.
- Residency permit of the buyer must be presented, if any.
As per Article 35 of the 2644 numbered Land Registry Law, foreign nationals can purchase real estate property in Turkey, provided that they comply with legal restrictions. In other words, foreign nationals do not need to have a residence permit in order to acquire real estate property in Turkey. In addition, foreigners that acquire property in Turkey can be granted a short term residency permit which can be renewed each year, upon application.
Foreigners who want to obtain a short term residency permit in Turkey must have purchased a real estate worth at least 75,000 USD in metropolitan cities such as Istanbul, Ankara, Antalya and Izmir as of April 27, 2022. Foreign nationals who have been residing in Turkey continuously for at least five years can obtain Turkish citizenship provided that they also meet the other conditions sought in the relevant legislation.
- Notarized copy of the Turkish translation of the Power of Attorney (POA) approved by a sworn translator and the original Power of Attorney must be presented. Such an original Power of Attorney be apostilled if issued in a country that is a party of the Hague Convention; shall be issued in the language of the country where it is issued and shall bear photo of the client. Our lawyers provide to their clients draft form of the Power of Attorney and informs their clients regarding the criterias that shall be met by the POA.
- During the real estate sale transaction, the title deed fee is collected from buyer and the seller equally and separately with the rate of %2. In total, %4 of the real estate value is paid as the title deed fee. The title deed fee is collected over the declared value for sale, provided that it is not less than the declared value of the real estate stated by the relevant municipality. It is possible to pay the title deed fee to the tax office in the region where the real estate is based in. It is also possible to pay the title deed fee online via the Directorate of Revenue Administrations Land Registry and Cadastre, Fee Inquiry and Payment Screen (https://intvrg.gib.gov.tr/tapuborcsorgula.html). In addition, the revolving fund fee is collected too according to the tariff attached to the 6544 numbered Law.
- The original and copy of the real estate deed; real estate tax declaration copy from the municipality as the proof of fair value of the real estate tax; a document to be obtained from the municipality proving that the real estate to be purchased has no tax debt, must be presented by the real estate owner.
- Mandatory Earthquake Insurance (DASK) Policy shall be presented. DASK policy must be obtained from Capital Markets Board (SPK) licensed, valuation authorized institutions published on the official website of the Capital Markets Board.
- Real estate valuation report must be presented. The real estate valuation report is obtained in order to determine the true value of the real estate to be purchased and to protect the foreign investor. It should be noted that the real estate valuation report is valid for three months only, starting from the date it is issued. Pursuant to the 2019/1 numbered Circular on Seeking A Valuation Report in the Real Estate Acquisition of Foreigners, it is obligatory to present a valuation report as proof of the market value of the real estate property in all sales transactions involving foreign real persons, both as buyers and sellers. This report must be prepared and approved by the valuation agency in accordance with international valuation standards. In addition, the submitted valuation report must be scanned and recorded in the TAKBIS system (Turkish Land Registry and Cadastre Information System) in accordance with the provisions of the 24.04.2017 dated and 2017/3 (1774) numbered Circular.
- A sworn translator must be present for the transactions to be held before the title deed if one of the parties at least is a foreigner.
Can I Buy A Property In Turkey And Get Citizenship?
Yes, you can buy a property in Turkey and then apply for Turkish citizenship.
As per Regulation On The Implementation of Turkish Citizenship Law, Article 20, real persons that are determined by the Ministry of Environment and Urbanization, which bought a property with the value of minimum 400,000 USD or equivalent foreign currency or Turkish Lira having an annotation registered within the land registry records that the property will not be sold for three years may obtain Turkish citizenship upon Turkish citizenship application.
As per the same Article, real persons that are determined by the Ministry of Environment and Urbanization that which issue and sign a preliminary sales contract for the real estate property to be purchased before a notary public, provided that a condominium or floor servitude has been established and at least an amount of minimum 400,000 USD or equivalent foreign currency is deposited for the property and separately an annotation is registered within the land registry records that the property will not be sold for three years may obtain Turkish citizenship upon Turkish citizenship application.
The “250,000 United States Dollars” phase stated within the Article 20/2-b of the Regulation On The Implementation Of The Turkish Citizenship Law which was put into force by 11/2/2010 dated and 2010/139 numbered Decree Of The Council Of Ministers, was changed to “400,000 United States Dollars” phase through 13 May 2022 dated and 5444 numbered Legislation.
It is important to note that Real Estate Appraisal Companies, stated within the Capital Market Boards’ Real Estate Appraisal Companies List can verify whether the declared value of the real estate property to be purchased is over 400,000 USD or not.
It should also be noted that whether if the value of the real estate meets the conditions specified in the Regulation is an issue to be determined in accordance with the 6th paragraph of the Article 20 of the Regulation. According to the mentioned Article, the effective selling rate or cross exchange rate of the Central Bank of the Republic of Turkey on the date of determination by SPK (Capital Market Board) is taken as the basis for determining the monetary value of the real estate property to be purchased for Turkish citizenship. And remember the title deed acquisition will be based on Turkish Liras.
Change in exchange rate between the purchase of the property, the placing of the annotation and the determination of the value transactions may lead to different calculation results. Therefore, considering this possibility that might occur regarding currency exchange, it is necessary to start the real estate purchase procedures with a budged above the threshold of 400,000 USD.
What Are The Steps To Get Turkish Citizenship Through Buying Property?
- Obtain a potential tax ID number.
- Open a bank account.
- Find the right property with the total value of minimum 400,000 USD or equivalent in foreign currency or in Turkish Lira.
- Obtain real estate value assessment report from a Capital Markets Board (SPK) licensed company.
- Buy the property in Turkey.
- Apply for registration of annotation indicating property will not be sold for three years.
- Obtain the certificate of conformity. Application shall be made to the Ministry of Environment and Urbanisation.
- Apply for Turkish residency permit.
- Apply for Turkish Citizenship through investment. (The applicant shall indicate that he purchased the real estate for the purpose to obtain Turkish citizenship and shall declare that they shall not sell property for three years.)
- Obtain your Turkish passport.
How To Buy Property In Turkey And Get Turkish Citizenship?
We will explain herewith how to buy a property in Turkey in order to obtain Turkish citizenship for around 90 days. You will be required to do a lot of paperwork that you are not familiar with which will consume a lot of your time. Therefore and in order to prevent any refusal or delay in work it will be the best for you to work with immigration lawyers and consultants to escalate the process.
- An apostilled power of attorney shall be issued for our team. Passport and identity of client shall be translated by a sworn translator and notarized by a Notary Public. If client is in Turkey, power of attorney can be issued through any Notary Public based in Turkey. Potential tax number shall be obtained and a bank account shall be opened for client.
- It is important to agree with a reliable real estate consultant in order to find the right property for you. Afterwards, the buyer and the seller will agree on the sale of the real estate property, a real estate broker contract may be signed by the parties. Our law firm in Turkey works with local real estate consultants that can find the right property for you.
- Parties shall apply to the land registry office with the required documents. Before applying to the land registry office for transfer of the immovable, an application must be made in order to obtain the real estate valuation report.
- Upon application to the land registry office with required documents, an examination will be made in order to see if any document is missing. If there is a deficient document, relevant party will be informed through SMS. In this case, it is necessary to re-apply after completion of the missing documents.
- Title deed fee and revolving funds fee information is notified via SMS to the relevant party. Upon payment of fees, a declaration will be made through the system to the Directorate of Land Registry. Upon completion of transaction and issuance of the authenticated deed, parties are informed about the date and hour they should be present for signatures.
- Parties shall be present before the Directorate Of Land Registry for signature. Upon signatures, title deed will be acquired. In order for sale of the property to be valid, the sales contract must be formally concluded by issuance of the title deed before the land registry officer.
- Following purchase of the property, an application is made to the General Directorate of Land Registry and Cadastre. The application is sent to the Ministry of Environment and Urbanization with a real estate valuation report proving that purchased property value is minimum 400,000 USD. If the application is found appropriate upon examination, the Ministry requests the General Directorate of Land Registry and Cadastre to record an annotation indicating mentioned property will not be sold for three years, in the land registry records. After the annotation is registered duly, information regarding annotation transaction is submitted by the Land Registry Directorate to the authority (Ministry of Environment and Urbanization) that will issue the certificate of conformity. When the certificate of conformity is issued, it is sent to the applicant via e-mail.
(After receiving the certificate of conformity, a residence permit application is made to the Provincial Directorate of Migration Management, and then a citizenship application is made to the General Directorate of Population and Citizenship Affairs. After the Ministry of Environment and Urbanization sends the application to the General Directorate of Population and Citizenship Affairs, applicant will be invited to the General Directorate of Population and Citizenship Affairs to obtain his/her Turkish passport.)
- A health insurance shall be obtained for the client.
- A residence permit application shall be filed before the relevant Immigration Authority. Residency permit card of our client will be obtained within maximum 30 days.
- For the citizenship application, the applicants’ birth certificate and marriage certificate or celibacy certificate shall be prepared. On the other hand, a power of attorney shall be issued for out lawyers and consultants by spouse of the applicant so that our lawyers can file their citizenship application too. Birth certificates of the applicants’ spouse and children shall also be prepared for citizenship application. If the applicant is divorced, the consent of the former spouse shall be obtained for the children (muvafakatname) to acquire Turkish citizenship. This consent shall be issued and notarized before a Notary Public.
- Citizenship application is made to the Provincial Directorate of Population and Citizenship Affairs for the applicant, his wife and children.
Why To Buy Property In Turkey?
- By buying a property you can acquire residency permit in Turkey and acquire Turkish citizenship exceptionally.
- It will take from 30 to 90 days for you to obtain your passport upon Turkish citizenship application. You will not be obliged to wait until the end of mentioned three years in order to obtain Turkish citizenship. However if you sell the property you bought in order to obtain Turkish citizenship, you may lose your Turkish citizenship since your citizenship status will be re-evaluated.
- At the end of three years stated herein, you can sell your property to third parties with a higher value and make profit and in addition to this, during mentioned 3 years period, you can rent your property and gain income. So yes, property can be resold after 3 years of restriction period is over.
- Your Turkish citizenship application and short term residence permit application will encompass your kids and your spouse.
- You are not obliged to live in Turkey after obtaining Turkish citizenship.
- In order to apply for Turkish citizenship you are not required to speak English.
- After obtaining Turkish citizenship, you can enter over 100 countries without visa.
- After obtaining your Turkish passport, you can apply to the United States of America or Canada in order to obtain residence permit and citizenship of the relevant country. Getting Turkish citizenship will be an opportunity for those who cannot apply for US E-2 Visa through their original citizenship, such as India or China. If client is willing to proceed, we direct our client to a trustworthy law firm based in the United States or Canada that we collaborate.
- You will not be obliged to give up your birth citizenship since Turkey allows its citizens to keep dual nationality and passports.
Where To Buy A Property In Turkey?
Foreigners generally buy a property in Turkey from Mugla, Antalya, Aydin, Mersin, Istanbul, Ankara, Bursa and Izmir. As a foreigner you too can chose one of these lovely cities. Antalya, Izmir and Aydin or areas nearby can be considered by foreigners as a place to have a summer house too. Mentioned areas are by the sea and warmer compared to north of Turkey.
The Best Neighbourhoods In Istanbul To Buy Property
Kiziltoprak, Suadiye, Goztepe, Kozyatagi, Atasehir, Kadikoy and Cevizli from Anatolian part of Istanbul and Sisli, Nisantasi, Beyoglu, Atakoy, Bakirkoy and Florya from European part of Istanbul can be considered by clients for acquizition of real estate property. These districts are considered safe, close to public transportation points and are one of the areas or close to areas that you can experience a vibrant nightlife.
Istanbul is a huge city however some districts are already closed to foreigners because of the high foreigner population such as Avcilar, Bagcilar, Zeytinburnu and Basaksehir. If you are willing to stay permanently and work in Turkey, because of the dense traffic, we would suggest you to choose a property close to your work. Another criteria effecting choice of clients is clients budget. Property values easily change from district to district in Istanbul.
Why Choose Our Law Firm In Turkey?
- Our law firm consists of English Speaking Turkish Lawyers that are experienced on immigration law, property purchase, residence permit and Turkish citizenship applications that follow up your immigration file with care until the end.
- We have had no refusals so far.
- Our law firm in Istanbul is always there for you upon any legal problem that has occurred regarding your tenant. Our law firm in Turkey provides property management services including arranging a real estate agent to list your property for lease, draft or revise your lease agreement and make sure the rent is paid by your tenant on time. Our law firm in Turkey is specialized on rental law and legal action taken for evacuation.
- Our law firm in Turkey is in collaboration with other law firms based in Istanbul, local immigration consultants, foreigner immigration agencies, law firms based in foreign countries that are specialized on immigration law, sworn translators and accountants thus we will be shielding your interests from every angle.
- We sign a retainer agreement with you and provide you our law firm information including tax office and tax id details.
- All information and documents related to your application for real estate purchase in Turkey, Turkish citizenship application and residence permit application in Turkey procedures are being made available for your information and use. In addition, these documents are carefully stored in our archives for you upon your request so that you can easily access them when you need them again.
- Our law firm issues a due diligence report for you regarding the property you are willing to purchase in order to prevent any risk coming on your way.
