Buying Property in Turkey as a Foreigner: Legal Checklist

What are the main types of real estate ownership in Turkey?

The main types of real estate ownership in Turkey are full freehold ownership, condominium ownership for apartments, and construction servitude for properties still under construction. You can also encounter shared ownership, usufruct rights, and timeshare rights, each with different legal protections and risks.

Key ownership forms on the title deed (tapu)

• Full ownership (mülkiyet) You own the land and any building on it. Common for detached houses, land plots, standalone commercial properties.
• Condominium ownership (kat mülkiyeti) Applies to individual apartments or units in a completed building.
  • Gives you full title over your unit plus a proportional share of common areas (stairs, elevator, garden).
  • Regulated by Condominium Law No. 634 (Kat Mülkiyeti Kanunu).
  • Preferred for finished apartments - banks also prefer this status for mortgages.
• Construction servitude (kat irtifakı) Title right over a unit in a building under construction.
  • Linked to a specific independent section in the approved project.
  • Must be converted to condominium ownership once the building receives its occupancy permit (iskan).
  • Higher developer risk and more due diligence needed (building permits, completion guarantees, escrow).
• Shared ownership (müşterek mülkiyet / paylı mülkiyet) Several people own fractions (shares) of the same property.
  • Each co-owner has an ideal share, not a specific physical part (unless partitioned).
  • Sale or mortgage of a share may need notice or consent of other owners.
• Usufruct and usage rights (intifa hakkı / oturma hakkı) Give the right to use and benefit from a property without owning it.
  • Often created for family members (for example, parents reserving a lifetime right of residence).
  • Registered on the tapu and can limit what the bare owner can do with the property.
• Timeshare (devre mülk) Registered right to use a unit for a specific period each year.
  • Subject to strict form requirements and often a source of disputes.
  • Requires careful contract review and vendor check.

Main authorities and legal sources

• Land Registry and Cadastre General Directorate (Tapu ve Kadastro Genel Müdürlüğü) - manages all title registrations.
• Turkish Civil Code - general rules on property law and ownership.
• Land Registry Law No. 2644 (Tapu Kanunu) - rules on registration and validity of transfers.
• Condominium Law No. 634 - rules for apartment buildings and site management.

How does the property purchase process work in Turkey?

Buying property in Turkey usually involves initial due diligence, signing a preliminary sale agreement, paying a deposit, and then completing the sale at the Land Registry where the title deed is transferred. The purchase is legally valid only once the transfer is registered in the Land Registry, not when you sign a private contract or pay the price.

Step-by-step purchase process

1. Initial property search and agent engagement
   • Work with a licensed real estate agent (emlakçı) registered with the local chamber.
   • Check that the agent's commission rate and services are agreed in writing.
2. Preliminary checks on the property
   • Obtain a copy of the title deed (tapu senedi) from the seller.
   • Get an official title record (tapu kaydı / takyidat belgesi) from the Land Registry to see mortgages, liens, seizures, rights of others.
   • Check zoning and building permits at the municipality (belediye).
3. Negotiation and preliminary agreement
   • Agree on price, payment plan, included fixtures, handover date, and penalties.
   • Sign a reservation or preliminary sale contract (satış vaadi sözleşmesi) preferably at a notary.
   • Pay a deposit, commonly 5-10 percent of the agreed price, to be credited against the final price.
4. Tax number and bank account (especially for foreigners)
   • Obtain a Turkish tax number (vergi kimlik numarası) from the Tax Office or online.
   • Open a bank account in Turkey to transfer the purchase funds.
5. Valuation and foreign buyer approvals (if applicable)
   • Get a SPK-licensed appraisal report (ekspertiz raporu) - compulsory for foreign buyers and often required by banks.
   • The Land Registry may run security checks for foreign buyers (military clearance is now mostly integrated and faster).
6. Compulsory earthquake insurance (DASK)
   • Arrange DASK policy in the buyer's or seller's name before transfer; it is mandatory for tapu transactions.
7. Land Registry appointment and transfer
   • Seller or buyer (or their lawyers with notarized powers of attorney) apply to the Land Registry Directorate.
   • Pay the title transfer fee (tapu harcı) and other charges.
   • Appear at the Land Registry to sign the official transfer deed before the officer.
   • Once registered, you receive the new title deed showing you as owner.
8. Post-completion steps
   • Apply to the utility providers (electricity, water, gas, internet) to transfer subscriptions.
   • Register with the building/site management and obtain your share of common costs and rules.
   • Update address registration with the Civil Registry (Nüfus Müdürlüğü) if you will live there.

Typical timeline

• Domestic buyer, simple resale: 1-2 weeks.
• Foreign buyer, no financing: 2-3 weeks (valuation and foreign checks included).
• Off-plan from developer: construction and handover can take 1-3 years; you only receive full condominium title after completion and occupancy permit.

Key legal validity point

• Under Turkish law, ownership transfers only upon registration at the Land Registry (Turkish Civil Code Articles on real rights and Land Registry Law No. 2644).
• Private sale contracts, even notarized, do not by themselves transfer ownership; they only create an obligation to transfer.

What legal checks should you do before buying property in Turkey?

The core legal checks before buying property in Turkey are verifying title, examining encumbrances and debts, confirming zoning and construction legality, and confirming the seller's authority to sell. Skipping these checks exposes you to risks such as invalid construction, hidden mortgages, demolition orders, and disputes with co-owners.

1. Title deed and ownership verification

• Obtain a current title record (tapu kaydı) from the Land Registry:
  • Confirm the seller's identity and that they match the tapu.
  • Check if ownership is individual, joint, or a company.
  • Identify the type of right: full ownership, construction servitude, etc.
• Check for:
  • Mortgages (ipotek)
  • Seizures (haciz)
  • Lien annotations, court orders, family home annotations (aile konutu şerhi)

2. Zoning and construction legality

• At the municipality (belediye) planning department, request:
  • Zoning status (imar durumu) - what can legally be built on the land.
  • Building licence (yapı ruhsatı) - confirm it matches the actual building.
  • Occupancy permit (iskan / yapı kullanma izin belgesi) - shows the building is completed legally and fit for use.
• Red flags:
  • Extra floors or extensions not shown in the approved plans.
  • Unlicensed or partially licensed structures that risk fines or demolition.

3. Project and developer checks for new builds

• Verify the developer's company registration and track record.
• Review:
  • Construction permits and project approvals.
  • Land share structure: is developer the landowner or working under a revenue/share agreement with landowners.
  • Any construction mortgages securing bank loans.
• Confirm the mechanism for transferring your unit to full condominium ownership after completion.

4. Financial and management checks

• Ask the site management for:
  • Common area fee structure (aidat) and any outstanding debts on the unit.
  • Ongoing or planned major repairs (lifts, facade, heating systems).
  • Copy of the management plan (yönetim planı) registered with the Land Registry.
• Check utility bills for unpaid balances that may need settlement at or before completion.

5. Seller and contract checks

• If the seller is married and the property is the family home, check for a family home annotation and whether spousal consent is required.
• If a company is selling:
  • Check trade registry (ticaret sicili) records.
  • Ensure the signatory has authority to sign the contract and transfer the property.
• Have all agreements in a bilingual contract if you are a foreign buyer, with Turkish version prepared or checked by a lawyer.

How are real estate costs and taxes calculated in Turkey?

Real estate costs in Turkey are mainly the purchase price plus a 4 percent land registry fee, agency commissions, notary fees, and compulsory earthquake insurance, along with possible VAT on new builds. Ongoing costs include annual property tax, site maintenance fees, and income tax on rental income or capital gains.

Main transaction costs (typical for a resale apartment)

Annual and ongoing taxes

• Property tax (emlak vergisi)
  • Payable annually to the municipality by the owner.
  • Rates typically:
    • Residential: 0.1% in normal municipalities, 0.2% in metropolitan municipalities.
    • Commercial: 0.2% or 0.4%.
  • Calculated on the tax-assessed value, which is usually below market value.
• Environmental cleaning tax (çevre temizlik vergisi)
  • Included in water bills for occupied properties.
• Rental income tax
  • Landlords must declare rental income annually.
  • Progressive income tax rates apply, with some exemptions and expense deductions.
• Capital gains tax on sale
  • If you sell a property within 5 years of purchase, profit may be subject to income tax.
  • No capital gains tax if held for more than 5 years (subject to rules in force at sale time).

Worked example (approximate, for orientation only)

For a 5,000,000 TRY resale apartment in Istanbul:

• Land registry fee (4%): 200,000 TRY (often split as 100,000 TRY each, depending on negotiation).
• Agent commission: e.g. 2% + VAT for buyer = roughly 118,000 TRY (if 2% plus 20% VAT).
• Legal, notary, DASK and misc fees: easily 30,000-60,000 TRY depending on services and size.
• Total transaction costs: typically 6-10% of price when you include all parties and taxes.

What are the rules for foreign buyers of real estate in Turkey?

Foreign individuals can freely buy most residential and commercial real estate in Turkey, subject to national security restrictions, a 30-hectare total limit, and some regional caps. They must follow special procedures such as obtaining an appraisal report, using bank transfers, and complying with foreign currency rules.

Who can buy and what can be bought

• Most foreign nationals may purchase:
  • Residential apartments and houses.
  • Commercial units (offices, shops, warehouses).
  • Land, subject to development obligations in some cases.
• Restrictions:
  • Total area owned by a foreign individual cannot exceed 30 hectares across Turkey.
  • Foreign ownership cannot exceed 10% of the area of a district (ilçe), in aggregate.
  • Certain military or security zones are entirely closed to foreign ownership.
• Legal basis: Land Registry Law No. 2644, related regulations on acquisition of property by foreigners.

Key procedural points for foreigners

• Foreign currency rules
  • In recent years, certain transactions must be documented with foreign exchange purchase certificates from banks.
  • Payment is usually made via bank transfer; keep SWIFT and exchange documents for Land Registry and tax audits.
• Mandatory valuation report
  • SPK-licensed real estate valuation report is required for foreign buyers.
  • Report value must not be significantly below the declared sale value to avoid tax issues.
• Interpreter and documentation
  • If you do not speak Turkish, a sworn interpreter must attend the Land Registry signing and interpret the official deed.
  • Passport, translated and notarized where required; Turkish tax number; proof of address may be requested.
• Power of attorney (POA)
  • You can authorize a lawyer in Turkey through a POA signed at a Turkish consulate or before a local notary with apostille.
  • The POA should clearly authorize buying, signing, and registering the property.

Residence permit and citizenship via property

• Residence permit (ikamet izni)
  • Owning property does not automatically grant residence, but it can be a basis for applying for a short-term residence permit, subject to value thresholds and area restrictions set by the Ministry of Interior.
  • Rules and minimum property values differ by city and district and change frequently.
• Citizenship by investment through real estate
  • As of late 2024, the general framework allows foreigners to apply for Turkish citizenship if they buy one or more properties with a total value of at least USD 400,000 (or equivalent), registered with a 3-year no-sale annotation.
  • Properties must be purchased from Turkish persons or companies, and valuation plus bank transfer documents must support the claimed amount.
  • Citizenship rules are subject to frequent policy changes; you must confirm current thresholds and qualifying conditions before committing.

How do mortgages and financing for real estate work in Turkey?

Real estate in Turkey can be financed either through Turkish bank mortgages or developer installment plans, with banks lending up to a certain percentage of the appraised value. Interest rates, currency of the loan, and eligibility criteria vary, and foreign buyers may face stricter requirements.

Bank mortgages (konut kredisi / ipotekli konut satışı)

• Loan-to-value (LTV)
  • Banks typically finance up to 70-80% of the appraised value for residential property.
  • If the appraisal is lower than the purchase price, the buyer must cover the difference in cash.
• Eligibility
  • Regular income documented via payslips, tax returns, or company accounts.
  • Credit history assessment; foreign buyers may face stricter scrutinies or need larger down payments.
• Currency and rates
  • Most residential loans are in Turkish lira; some banks also offer foreign currency indexed loans subject to regulations.
  • Interest rates can be high and volatile; your lawyer or advisor should compare bank offers.
• Security
  • The bank registers a mortgage (ipotek) on the property at the Land Registry.
  • The mortgage appears as an encumbrance until the loan is fully repaid and released.

Developer financing and off-plan payments

• Developers may offer:
  • Installment plans during construction, sometimes interest free.
  • Post-delivery payment schedules secured by promissory notes or mortgages.
• Points to check:
  • What happens if the developer delays completion.
  • Penalty clauses for both sides.
  • Escrow, guarantees, or bank sureties for your payments.

Key documents for a mortgage-based purchase

• Bank pre-approval and final loan agreement.
• Appraisal report commissioned by the bank.
• Mortgage deed registered at the Land Registry simultaneously with the purchase.
• Insurance policies:
  • Compulsory DASK.
  • Optional (often required) property and life insurance.

How are rental agreements and landlord-tenant rights regulated in Turkey?

Rental relationships in Turkey are mainly governed by the Turkish Code of Obligations, which provides strong protections for tenants in residential and roofed workplace leases. Written rental contracts are standard, and landlords cannot freely evict tenants or increase rent beyond legal limits and contractual terms.

Key legal framework

• Turkish Code of Obligations (Law No. 6098) - main rules on leases.
• Special protective rules apply to:
  • Residential leases.
  • Roofed workplace leases (shops, offices).

Essential elements of a rental agreement

• Parties' identities and addresses.
• Exact property address and description.
• Rent amount, currency, and payment date.
• Duration (fixed term or indefinite) and renewal rules.
• Deposit amount (security) and conditions of return.
• Responsibility for utilities, maintenance, and common charges.
• Use of property (residential only, no subletting, etc.).

Deposit and rent increases

• Deposit (teminat / depozito)
  • For residential and roofed workplace leases, deposit cannot exceed 3 months' rent.
  • If more than 3 months is requested, the excess can be challenged.
  • Deposit should be placed in a bank account in the tenant's name with a block in favor of the landlord or handled as the law requires.
• Rent increases
  • For ongoing contracts, increases are generally tied to the consumer price index (CPI) and subject to legal caps; temporary government caps have applied in recent years to residential rents.
  • Parties cannot freely agree on excessive increases that override statutory limits.

Eviction and termination

• Landlords cannot simply evict at the end of a 1-year residential lease; contracts often renew automatically.
• Grounds for eviction include:
  • Non-payment of rent despite legal notice.
  • Landlord's genuine need for personal or family use, proven in court.
  • Major renovation or reconstruction needs.
  • Tenant's misuse, disturbance, or contractual breaches.
• Eviction usually requires:
  • Proper written notices (often via notary or court).
  • Filing a lawsuit or execution proceeding with eviction request.

Short-term rentals and platforms (e.g. Airbnb)

• Short-term tourism rentals are regulated and may require:
  • Tourism accommodation permits or notification to authorities.
  • Registration of guests with security systems.
• Building and site management plans may prohibit or restrict short-term rentals; violating these can lead to legal action from neighbors and management.

How does inheritance of real estate work in Turkey?

When a property owner dies in Turkey, their real estate passes automatically to their legal heirs according to Turkish inheritance law, subject to reserved shares for close family. Heirs must obtain a certificate of inheritance and then register the transfer at the Land Registry to update the title deed.

Basic inheritance rules

• Legal heirs usually include:
  • Spouse.
  • Children (or grandchildren if a child has predeceased).
  • Parents and other relatives if there are no descendants.
• Turkish law has forced heirship:
  • Certain minimum "reserved shares" for spouse and descendants cannot be freely disposed of by will.
  • A will cannot fully disinherit a spouse or children without very limited grounds.

Inheritance procedure for real estate

1. Obtain certificate of inheritance (veraset ilamı)
   • Apply to the civil court of peace (sulh hukuk mahkemesi) or a notary (for Muslim Turkish citizens, notaries can issue in many cases).
   • The certificate names all legal heirs and their shares.
2. Declare inheritance and pay inheritance tax (if applicable)
   • File inheritance and transfer tax returns within statutory deadlines at the tax office.
   • Inheritance and gift tax rates are progressive and usually modest relative to values; payment may be in installments.
3. Update Land Registry records
   • Present the certificate of inheritance, tax documents, and ID cards to the Land Registry.
   • The property is registered in the names of the heirs according to their shares.
4. Partition or sale among heirs
   • Heirs may decide to sell the property and split the proceeds or transfer shares between them.
   • Disagreements can lead to a partition and sale lawsuit (izale-i şuyu / ortaklığın giderilmesi davası).

Foreigners and cross-border issues

• Foreign heirs can inherit property in Turkey, subject to the same restrictions that apply to foreign ownership.
• Conflict-of-law rules may apply to determine whether Turkish or foreign inheritance law governs, especially for foreign nationals; this can affect forced heirship and will validity.
• Using a Turkish lawyer experienced in private international law is crucial in cross-border inheritance cases.

When should you hire a real estate lawyer or expert in Turkey?

You should hire a real estate lawyer in Turkey for any significant property purchase, sale, development, or dispute, especially if you are a foreign buyer or the transaction involves off-plan or commercial property. A lawyer protects your interests, performs independent due diligence, and reduces the risk of costly mistakes or fraud.

Situations where legal help is strongly recommended

• Foreign buyers and sellers
  • Language and legal system differences make independent advice essential.
  • Lawyer can coordinate valuation, bank transfers, foreign currency requirements, and Land Registry procedures.
• Off-plan and developer projects
  • Complex payment plans, construction risks, and mortgage encumbrances on the land.
  • Need for detailed contract clauses on delays, penalties, and guarantees.
• High-value or commercial properties
  • Company structures, lease due diligence, zoning for intended use, and tax planning.
• Disputes and enforcement
  • Boundary disputes, defects in construction, unpaid rent or eviction, partition among heirs.
  • Litigation and enforcement procedures require court expertise.
• Inheritance and family arrangements
  • Planning transfers between spouses and children, protecting family home rights.
  • Dealing with heirs abroad or assets in multiple countries.

What a good real estate lawyer will do

• Conduct full title and encumbrance checks at the Land Registry.
• Review zoning, building permits, occupancy permits, and management plans.
• Draft or negotiate sale, lease, or construction agreements in your favor.
• Explain all payments, taxes, and costs, and verify bank transfer documentation.
• Represent you at the Land Registry through a power of attorney if you cannot attend.
• Coordinate with tax advisors, architects, engineers, or valuers where needed.

What are the next steps if you want to buy property in Turkey?

The next steps are to clarify your budget and goals, choose your location and property type, assemble a reliable team of licensed agent and independent lawyer, and then move through a structured due diligence and purchase process. Preparing documents and funds early will help you secure good opportunities quickly and safely.

Practical action plan

1. Define your objective and budget
   • Decide whether the property is for personal use, rental yield, or capital growth.
   • Calculate your total budget including 6-10% transaction costs and any furnishing or renovation.
2. Shortlist locations and property types
   • Compare major cities like Istanbul, Ankara, Izmir, Antalya, and secondary cities or coastal towns.
   • Decide between new build vs resale, apartment vs villa, central vs suburban.
3. Engage professionals
   • Hire an independent real estate lawyer experienced in the region you target.
   • Work with one or more reputable, licensed agents; avoid unlicensed middlemen.
4. Prepare documents and funds
   • Obtain a Turkish tax number and open a bank account.
   • Collect ID documents, proof of address, and translation/apostille if needed.
   • Plan how and when you will transfer funds, considering exchange rates and banking timelines.
5. View and screen properties
   • Physically visit properties or arrange virtual tours with clear documentation.
   • Use your lawyer to pre-screen tapu records for any serious red flags before negotiating.
6. Run full legal and technical due diligence
   • Order a valuation report, especially if you are a foreign buyer or using finance.
   • Have an engineer or surveyor assess structural and technical condition for older or complex buildings.
7. Negotiate and contract
   • Agree on price, payment schedule, included items, and conditions for withdrawal.
   • Let your lawyer draft or revise the preliminary agreement and ensure proper notarization and payment safeguards.
8. Complete at Land Registry
   • Book the Land Registry appointment, pay taxes and fees, and sign the official transfer deed.
   • Collect your tapu and verify that your name, shares, and property description are correct.
9. After purchase
   • Transfer utilities, register with site management, and arrange insurance beyond compulsory DASK if needed.
   • If you plan to rent, have a written lease prepared and aligned with Turkish law and your investment strategy.

Following these steps with qualified local support will significantly reduce risk and help you navigate Turkish real estate law and practice with confidence.