Legal Controls in the Sale of Housing to Foreigners in Turkey

It is not enough for the buyer and seller to agree on the sales price before selling housing to foreigners in Turkey. The buyer's right to acquire real estate, the authority of the seller, mortgages and liens in the land registry, the zoning status of the house, the payment method, the foreign currency purchase document and the purpose of citizenship or residence permit, if any, should be evaluated together.

A sale made without legal controls; It may cause the title deed transfer to be rejected, the sales price not to be recovered, the citizenship application to be found inappropriate, or the real estate to be the subject of litigation later. Therefore, the legal review must be completed before the deposit or sales price is paid.

What is Legal Control in the Sale of Housing to Foreigners?

Legal control is the examination of whether the house subject to sale and the parties are suitable for the transfer of real estate through official records and documents. This examination is not limited to seeing the title deed. In connection with this topic Real Estate Law You can also review the content titled.

In a comprehensive legal check, the following issues are evaluated together:

• The right of the foreign buyer to acquire real estate in Turkey,
• Whether the immovable is located in an area open to foreign acquisition,
• Whether the seller is the real owner and the person authorized to sell,
• Mortgages, liens, measures and other restrictions in the land registry,
• Condominium ownership, floor servitude and title deed nature of the house,
• Building license, occupancy permit and architectural project status,
• Compatibility of the sales price and bank payments,
• Correct issuance of the foreign exchange purchase document,
• The buyer's residence permit or citizenship purpose,
• Tenant, dues, tax and delivery status of the immovable.

Foreign Buyer's Right to Acquire Real Estate Should Be Checked

Not every foreign real person in Turkey can buy housing in every region and in unlimited amounts. The suitability of the acquisition should be checked according to the citizenship of the foreign buyer, the real estate previously acquired in Turkey and the region where the house to be purchased is located.

As a rule, the total area of immovable properties and independent and permanent limited real rights that foreign real persons can acquire throughout Turkey cannot exceed 30 hectares. In addition, the total surface area of the immovables acquired by foreigners cannot exceed 10 percent of the area of the district subject to private ownership.

The President may limit, partially or completely suspend or prohibit the acquisition of real estate by foreigners in terms of country, person, geographical region, duration, number, ratio, type, quality, surface area and quantity.

The acquisition conditions for the buyer's citizenship are checked through the land registry system. Paying a deposit or sales price before citizenship eligibility is finalized may cause a serious collection dispute if the sale cannot be made.

The region where the real estate is located must be suitable for foreign acquisition

It should be checked whether the house subject to sale is located in a military prohibited zone, military security zone, strategic zone, special security zone or any other area closed to the acquisition of real estate by foreigners. About the relevant aspect of the process Legal Rights of Foreigners Buying a House in Turkey There is detailed information on the page.

It may not be possible for foreign real persons to acquire real estate in military prohibited and military security zones. In private security zones, the permission of the governorship of the place where the real estate is located may be required.

Security zone information is evaluated through land registry records and relevant public systems. However, it is necessary to investigate whether there is a special limitation for the project or region where the house is located before the sale.

Limits of Foreigners to Acquire Real Estate

It must be verified that the seller is the real title deed owner

It should be checked whether the person who shows, markets or demands the sales price to the foreign buyer is the registered owner of the real estate in the title deed. The real estate consultant, contractor, project employee, tenant or relative of the owner cannot transfer the real estate unless they have a valid authorization.

The identity information of the seller should be compared with the owner information in the land registry. Differences in name, surname and identity information should be clarified before the sale.

If the immovable property is owned by more than one person, it is not possible for only one stakeholder to sell the entire immovable. Each owner can sell his own share or all owners must participate in the sale transaction.

If the Sale is to be Made with a Power of Attorney, the Scope of Authority Should Be Examined

If the seller or foreign buyer will not participate in the title deed transaction in person, the power of attorney given to the representative must be valid and sufficient for the transaction to be made.

The power of attorney must clearly include the authority to buy or sell real estate, to sign an official deed in the title deed, to request registration and, if necessary, to pay or collect the sales price.

The authority to commit not to sell for three years in transactions to be made for citizenship purposes may also need to be specifically regulated in the power of attorney.

For powers of attorney issued abroad, apostille annotation or Turkish consulate certification may be sought depending on the country where the document is issued. It may also be necessary to prepare a notarized Turkish translation of the document.

It should also be checked whether the power of attorney has been withdrawn after the date it was issued and whether the person giving the power of attorney continues to have the capacity to act.

If the Seller is a Company, Representation and Authorization Documents Should Be Investigated

If the house subject to sale is registered in the name of a company, the company's trade registry records and the persons authorized to represent the company should be examined. The authorized signatory must have the authority to sell real estate.

Depending on the type of company and its articles of association, a resolution of the board of directors, board of managers or general assembly may be required. It is not sufficient for the title deed transfer if the person selling on behalf of the company is only an employee or a sales consultant.

It should also be investigated whether the company is in a special legal situation such as liquidation, bankruptcy, concordat or management trusteeship in terms of sales security.

Up-to-date Title Deed Registration and Encumbrance Certificate Must Be Obtained

The old dated title deed submitted by the seller may not show the current legal status of the real estate. Before the sale, the current title deed registration sample and encumbrance information should be examined.

The following information should be checked in the land registry:

• Province, district, neighborhood, island and parcel number,
• Block, floor and independent section number,
• Land share and surface area of the immovable,
• The nature of the immovable in the title deed,
• Condominium ownership or condominium easement status,
• Identity of the owners and ownership ratios,
• Mortgage, foreclosure and precautionary measures,
• Usufruct, residence and upper rights,
• Rent, sales promise and pre-emption annotations,
• Family residence and management plan records,
• Expropriation or other administrative declarations.

It should be ensured that the island, parcel and independent section information in the title deed and the house shown to the foreign buyer are the same. Especially in large sites or projects with similar apartments, it is possible to sell through the wrong independent section.

How to Check Mortgage Registration

There may be a mortgage on the immovable property in favor of a bank, real person or company. Mortgage refers to the fact that the immovable property is shown as collateral for a debt.

The sale of mortgaged real estate is not prohibited in all cases. However, the mortgage must be removed or accepted by the buyer before the sale. In the transfer made without removing the mortgage, the foreign buyer can acquire the real estate together with the existing debt guarantee.

The following checks should be made in the sale of mortgaged housing:

• In whose favor the mortgage is established,
• The current debt amount of the mortgage,
• The degree and scope of the mortgage,
• Payment required to pay off the debt,
• When the mortgage cancellation letter will be given,
• Which part of the sales price will be paid to the bank.

The full sales price should not be paid based on the seller's verbal statement that he will remove the mortgage after the sale. The bank closing letter and the mortgage cancellation method should be prepared before the transaction.

Foreclosure and Precautionary Measures May Prevent Sale

A lien, precautionary attachment or precautionary injunction record on the real estate may prevent the sale transaction. In some records, the permission of the creditor or the relevant court and a letter of cancellation may be required.

If the lien is only discovered during the title deed application, it may delay the sale and put the payments made by the foreign buyer at risk. For this reason, the title deed records should be checked before the deposit agreement and again on the day of sale.

If there are ongoing enforcement proceedings against the seller or a lawsuit for the transfer of the immovable property, it should also be evaluated whether the sale aims to cause damage to third parties.

Usufruct and Residence Rights Should Be Checked

Usufruct or residence rights may have been established on the immovable property in favor of another person. These rights can prevent the foreign buyer from actually using or renting out the residence.

The usufructuary can use and benefit from the real estate according to the scope of the right. The transfer of ownership to the foreign buyer does not automatically terminate the usufruct right registered in the title deed.

If the buyer wants to buy the house empty and ready for use, the usufruct or residence right must be duly removed before the title deed transfer.

Family Residence Control Should Be Done

The house subject to sale may be a family residence where the seller lives with his wife and family. If there is a family residence annotation in the title deed, the sale may not be carried out without the explicit consent of the other spouse.

The absence of a family residence annotation in the title deed does not mean that there is no risk in all cases. In cases where the immovable property is actually used as a family residence, a legal objection to the validity of the sale may be raised by the other spouse according to the circumstances of the concrete case.

The marital status of the seller and the way the house is used should be evaluated, especially in second-hand sales made from real persons.

The Qualification in the Title Deed and the Actual Use Must Be the Same

The real estate shown as a residence to the foreign buyer may be registered as an office, shop, warehouse, workshop, land or field in the title deed. The difference between the nature of the real estate in the title deed and its actual use may cause legal and administrative problems.

The title deed qualification can affect the following issues:

• Residence permit application based on real estate ownership,
• Housing loans and bank financing,
• TCIP and other insurance transactions,
• Electricity, water and natural gas subscriptions,
• Renting out the house,
• Tax and municipal transactions,
• Resale of the property in the future.

Especially in purchases made for residence purposes, it is important that the real estate is in the title deed as a residence.

Condominium and Condominium Easement Control

Condominium ownership refers to the separate attachment of independent sections to the title deed in a completed building. Floor easement, on the other hand, shows the right of independent section attached to the land share in projects that are being built or have not yet been transferred to floor ownership.

The purchase of a house with floor easement is not illegal on its own. However, it should be investigated why the building was not transferred to condominium ownership, whether there is a building occupancy permit and whether the project was completed in accordance with the approved architectural project.

If a house is purchased with only a land share in the title deed, the foreign buyer may not actually be the owner of an independent apartment, but of a certain share on the land. The seller's statement that "This share belongs to this flat" does not constitute independent section ownership by itself.

Pre-Purchase and Usage Risks in Shared Housing Sales

In shared title deed sales, the foreign buyer acquires a certain share of the real estate, not the entire property. If the share corresponds to a specific room, floor or apartment only based on the verbal agreement of the parties, a usage dispute may arise.

If other stakeholders have a legal right of pre-emption, a pre-emption lawsuit may be filed under the necessary conditions after the sale is learned.

In shared immovables, there is also a risk that the immovable property will be liquidated by sale as a result of the lawsuit for the elimination of the partnership. The foreign buyer should research all stakeholders and the actual usage order before purchasing a shared real estate.

Zoning Status and Building License Should Be Examined

The fact that the title deed registration is clean does not indicate that the building complies with the zoning legislation. The zoning and building file in the municipality where the house is located should be examined separately.

The following documents should be checked in the legal review:

• Building permit,
• Building occupancy permit,
• Approved architectural project,
• Independent section list,
• Zoning status certificate,
• Building vacation report,
• Demolition or fine decision,
• Risky building or transformation records,
• Expropriation and road widening plans.

If the house is unlicensed, contains sections contrary to the license or does not comply with the municipal project, it may cause administrative fines, demolition, subscription and resale problems in the future.

Why is the Building Occupancy Permit Important?

The occupancy permit, also known as the occupancy certificate, is the administrative document stating that the completed building is in compliance with the approved project and license.

The purchase of a house in a building where there is no occupancy is not invalid in all cases. However, it should be investigated why the settlement could not be obtained. There may be reasons such as non-compliance with the project, incomplete construction, municipal debt or non-fulfillment of technical obligations.

The settlement problem may affect the transition to condominium ownership, subscriptions, bank loans and future sales transactions.

Approved Architectural Project and Housing Should Be Compared

The number of rooms, square meters, balconies, terraces, storage and parking lot of the house shown to the foreign buyer should be compared with the approved architectural project.

The following practices may violate the project:

• Closing the balcony and adding it to the room,
• Joining the common corridor to the independent section,
• Inclusion of basement or roof area in the residence,
• Removal of load-bearing walls,
• Unauthorized merging of two independent sections,
• Conversion of the parking lot or warehouse into housing,
• Use of the shared terrace by one owner only.

It should be verified whether each area stated to belong to the house in the advertisement or sales presentation is really connected to this independent section in the title deed, project and management plan records.

Earthquake and Risky Building Status of the House Should Be Investigated

It should be investigated whether the house has been identified as a risky building, whether it has entered the urban transformation process, or whether there is an evacuation and demolition decision about the building.

The risky building decision may result in the foreign buyer vacating the purchased house in a short time and participating in the construction costs.

The absence of a clear risky building record in the title deed or municipal records does not mean that the building is completely safe from a technical point of view. It may be useful to have an independent technical inspection in old or structurally suspicious buildings.

Management Plan and Site Rules Should Be Examined

In buildings subject to condominium ownership, the management plan is one of the basic documents that bind all condominium owners. The foreign buyer is obliged to comply with the rules in the management plan after the title deed transfer.

The following topics can be regulated in the management plan:

• Purpose of use of the residences,
• Short-term rental restrictions,
• Pet and common area rules,
• Parking lot usage order,
• Dues and common expense sharing,
• Conditions for benefiting from the site facilities,
• Renovation and moving hours.

If the foreign buyer plans to use the house for short-term rental, office or commercial activities, he should check whether there is an obstacle in the management plan before the sale.

The Lease Agreement Should Be Examined in the Sale of Tenanted Housing

If there is a tenant in the house subject to sale, the transfer of the title deed does not automatically terminate the lease agreement. The new owner becomes a party to the lease relationship within the framework of the conditions in the law.

In a tenanted residence, the following aspects should be checked:

• Start and end date of the written lease agreement,
• Monthly rent and payment status,
• Deposit amount,
• Whether the tenant has an eviction commitment,
• Unpaid rent and dues debts,
• Whether there is a lease agreement annotated on the title deed,
• When the house will be delivered empty.

The verbal statement of the seller that the house will be vacated is not sufficient. If the house is to be delivered empty, the delivery date and the tenant's eviction obligation should be clearly regulated in the sales contract.

Real Estate Tax and Municipal Debts Should Be Investigated

The property tax value of the house and the seller's debts to the municipality should be checked. The sales price to be used for the title deed transaction cannot be shown lower than the property tax value.

It should also be examined whether the real estate information in the municipality and the records in the title deed are compatible. Incorrect surface measurement, independent section or usage type information may require correction after the sale.

Site Dues and Common Expense Debts Should Be Checked

Up-to-date debt information about the house should be obtained from the site or apartment management. Dues, fixtures, maintenance, reinforcement and common expense debts may cause disputes between the seller and the buyer.

In the sales contract, it should be clearly stated that all dues and common expenses arising until the transfer of the title deed belong to the seller, and the expenses after the transfer belong to the buyer.

A letter of no debt from the management can reduce the risk of the buyer encountering past debts later.

Subscription and Service Debts Should Be Examined

It should be checked in whose name the electricity, water, natural gas, internet and other subscriptions are. Meter debts, illegal usage records and sealing processes can affect the new subscription process.

With the transfer of the title deed, all personal debts of the old owner do not automatically pass to the new owner. However, it is important to prepare a delivery report for closing subscriptions, determining meter values and making new applications.

The contract must be prepared before the deposit is paid

If a deposit or reservation fee is to be collected from the foreign buyer, a detailed contract containing the information of the real estate and the parties should be prepared.

The deposit agreement must include the following provisions:

• Clear identity and contact information of the parties,
• Title deed information of the immovable,
• Total sales price and currency,
• The amount of the deposit paid,
• Payment method of the remaining amount,
• The date of the title deed transfer,
• Removal of mortgages and liens,
• Delivery status of the house vacant or with tenants,
• Refund conditions in case of problems in the legal review,
• Provisions to be applied in case the buyer does not have the right of acquisition,
• Special eligibility requirements if there is a purpose of citizenship or residence.

In the legal examination, it should be clearly written that if there is an obstacle to the sale, the deposit will be returned without interruption.

Ordinary Written Sales Contract Does Not Impress Ownership

The ordinary written contract signed by the parties at the real estate office or among themselves does not transfer the ownership of the house to the foreign buyer.

The ownership of the immovable property is acquired by the official real estate sales contract issued by the authorized land registry office or by the notary public as permitted by the law and registration in the land registry.

If a preliminary sales contract is to be drawn up, it should be considered that the contract should be officially prepared at the notary public and annotated to the land registry for the protection of the buyer.

The Sales Price Must Be Paid Through the Bank

Foreign buyers pay the sale price in cash, undocumented, or to a third party unrelated to the property, posing significant risks.

The following rules should be observed when making payments:

• Payments must be made through the bank.
• It must be verified that the account holder is the seller or legally authorized person.
• Real estate information should be written in the receipt description.
• Deposit, interim payment and sales price should be specified separately.
• If a different currency is to be used, the exchange rate to be applied should be determined.
• If the mortgage is to be closed, the payment to the bank must be documented separately.
• If the title deed transfer does not take place, the refund method of the price must be regulated in the contract.

If the payment must be made to someone else instead of the seller, their connection to the sale and the seller's written payment instructions must be documented.

Foreign Exchange Purchase Document Control

If a foreign real person acquires real estate through purchase in Turkey, the foreign currency related to the sales price must be converted into Turkish lira through a bank operating in Turkey and a foreign currency purchase certificate must be issued by the bank.

The foreign exchange purchase document must be prepared before the title deed sale is made. After the title deed transaction is completed, it may not be possible to issue a retrospective foreign exchange purchase certificate.

The following information must be correct in the foreign exchange purchase document:

• Recipient's name and surname,
• Passport or foreigner ID number,
• Real estate or transaction information,
• The US Dollar equivalent of the exchanged foreign currency,
• Turkish lira equivalent,
• Explanation showing that the transaction was made within the scope of the relevant legislation.

If the document is issued in the wrong person's name, the passport number is written incorrectly, or it does not cover the entire sales price, it may cause the title deed process to be delayed.

The Sale Price Must Be Shown in the Title Deed with Its Real Value

In order to reduce the title deed fee, showing the actual sales price low in the title deed creates legal and financial risks.

In case the sales price is declared low:

• Tax penalties and interest may be applied due to missing title deed fees.
• It may be difficult for the foreign buyer to prove the real price paid.
• If the sale is canceled, there may be a dispute about the price that can be recovered.
• There may be a mismatch between bank payments and the title deed.
• The investment amount required for the citizenship application may not be met.
• Tax calculations on the subsequent sale of the real estate may be affected.

Is a Valuation Report Mandatory for Normal Foreign Sales?

As of December 9, 2024, a mandatory valuation report is not required for normal real estate transactions to which foreigners are parties but do not involve the acquisition of Turkish citizenship.

However, the foreign buyer may voluntarily have an independent valuation made in order to determine the market value and technical condition of the real estate. The absence of an official obligation does not prevent the buyer from having an economic and technical examination.

In transactions carried out for citizenship purposes, the investment value of the real estate is evaluated within the scope of the current Amount Determination Certificate system.

Additional Controls in Citizenship Sales

If the foreign buyer is purchasing the house for the purpose of Turkish citizenship, in addition to the normal sales checks, the compliance of the real estate, the seller and the payment documents with the citizenship legislation should be investigated. Also Citizenship Process for Foreigners Buying Real Estate should be evaluated together with the concrete case.

In a sale made for citizenship purposes, the following issues are checked in particular:

• The real estate must be of a type suitable for citizenship investment,
• The investment value in the Amount Determination Certificate is sufficient,
• The sales price in the title deed meets the required amount,
• Compliance with the foreign exchange purchase document and bank receipts,
• The seller must be suitable in terms of citizenship rules,
• The immovable property has not been used in another citizenship application before,
• The past transfers of the immovable property do not constitute an obstacle to the application,
• The commitment not to sell for three years is correctly recorded in the title deed.

The fact that the advertisement or contract price of a house is above the amount sought for citizenship does not mean that it is suitable for citizenship alone.

Differences Between Non-Citizenship Sales and Citizenship Sales

Controls in the Purchase of Housing for Residence Permit

Buying a house in Turkey does not give an automatic residence permit to the foreign buyer. A separate application must be made for a short-term residence permit based on real estate ownership.

It is important for the buyer with a purpose of residence to check the following issues before selling:

• The immovable property must be residential in the title deed,
• Registration of the house in the name of the applicant,
• The immovable property can be used for shelter purposes,
• The value requirement applied according to the acquisition date,
• Whether there is a regional limitation in terms of address registration,
• The applicant must meet the other residence permit conditions.

The statement of the real estate consultant or seller that the residence permit will be issued definitively does not bind the competent authorities.

Legal Controls in Housing Sales from the Project

If a house is to be sold to a foreigner from a project that has not yet been completed, only the sales price and delivery date of the independent section should not be evaluated.

The following checks should be made in sales from the project:

• The title deed owner of the land,
• The relationship of the contractor company with the land owner,
• Construction permit,
• Whether a floor easement has been established,
• The place of the sold independent section in the project,
• The company's authority to sell,
• Project finance mortgages on immovable,
• Delivery date and delay provisions,
• Rights of the buyer in case of incomplete or defective delivery,
• To which account the sales price will be paid,
• The date on which the title deed transfer will be carried out.

Only the promises made by the seller through the promotional brochure, catalog or sample apartment should be transferred to the written contract.

Consumer Rights of Foreign Buyers

If the foreign person is purchasing a house for personal use from a project company acting for commercial or professional purposes, he can benefit from the protections in the consumer legislation depending on the nature of the transaction.

Foreign citizenship alone does not prevent the protection of the person as a consumer in Turkey. In case of late delivery of the project, lack of promised features, lack of square meters or structural defects, the buyer can apply for the rights provided by the contract and the law.

Depending on the value and nature of the dispute, consumer arbitration committee, consumer court, mediation or other legal remedies may come to the fore.

Defective Housing Control

Before the title deed transfer, the technical and physical condition of the house should be examined. Moisture, water leaks, cracks, plumbing failures, electrical problems, lack of insulation and common area defects should be detected. Title Deed and Tax Procedures for Foreigners Buying Real Estate in Turkey its content explains other legal points related to this stage.

Failure to have the features promised by the seller or the project company may constitute defective performance. During delivery, deficiencies and defects should be determined with a written report, and photographs and video recordings should be taken.

Depending on the legal nature of the dispute, the right to free repair, price reduction, replacement with a defect-free counterpart, withdrawal from the contract or compensation may come to the fore.

Documents Required for Title Deed Transfer

Translator for Foreign Buyer Who Does Not Speak Turkish

If the foreign buyer does not speak Turkish, an authorized sworn translator must be present in the title deed or notary transaction.

The translator must explain the content of the official sales contract and the legal consequences of the transaction to the foreign buyer. An interpreter who is affiliated with the seller or real estate consultant may not meet the requirement of an official translator.

Buyer; should check the real estate information, sales price, title deed records, commitments and payment terms through a translator before signing.

Title Deed Fees and Costs Should Be Determined in Advance

It should be clearly stated in the sales contract which party bears the expenses such as title deed fee, revolving fund fee, bank expenses, translator fee, notary expenses, DASK, legal consultancy and real estate service fee.

The parties can share the economic burden of the title deed fee among themselves. However, obligations arising from the public must be fulfilled in accordance with the law and official statement.

If money is requested from the foreign buyer by stating that it will be paid to official institutions, the payment information must be verified directly through the relevant institution or system.

Final Check Before Title Deed Signature

The following information should be checked for the last time before signing the official sales contract:

1. Identity information of the buyer and seller,
2. Island, parcel and independent section number of the immovable,
3. The nature of the immovable in the title deed,
4. Official sales price,
5. The amount in the foreign exchange purchase certificate,
6. Mortgages, liens and other encumbrances,
7. Commitment not to sell for three years, if any,
8. Scope of the power of attorney,
9. Delivery date and actual status of the house.

If there is a wrong immovable property, missing sales price or an unwanted encumbrance in the official deed, correction should be requested before signing.

Housing Delivery Report Should Be Prepared

The transfer of the title deed and the actual delivery of the house may not take place at the same time. When the key will be given, whether the house will be delivered empty or with a tenant, and the condition of the items inside should be written down.

The following information may be included in the delivery report:

• Delivery date and time,
• The number of keys delivered,
• Electricity, water and natural gas meter values,
• The current physical condition of the house,
• Detected defects and deficiencies,
• Delivered fixtures and items,
• Site cards and parking lot controls,
• Information that the house is vacant and ready for use.

Controls to be Made After the Title Deed Transfer

After the sale is completed, the foreign buyer must follow the following actions:

• To check the owner and immovable information in the current title deed document,
• To make the necessary property tax notification to the municipality,
• To update TCIP and other insurance policies,
• To take over electricity, water and natural gas subscriptions,
• To notify the site management of the change of owner,
• To carry out address registration and residence permit procedures,
• If there is a citizenship purpose, to continue the eligibility and application stages,
• To follow the commitments and annotations in the land registry.

Risks That May Arise If Legal Controls Are Not Carried Out

Lawyer Support in Housing Sales to Foreigners

The land registry office or notary public carries out the official sale and registration process. However, it does not investigate on behalf of the parties whether the real estate is an economically good investment, whether the contract adequately protects the buyer, or whether there are technical problems in the building.

A lawyer working in the field of real estate law can perform the following checks:

• To investigate the suitability of the foreign buyer for acquisition,
• To verify that the seller is the owner and authorized,
• To examine land registry and encumbrances,
• To follow up the removal of mortgages, liens and measures,
• To evaluate zoning, license and architectural project documents,
• To prepare the deposit and sales contract,
• Creating a secure payment plan,
• To determine the scope of the power of attorney,
• To check foreign currency purchase documents and bank receipts,
• To examine citizenship or residency eligibility,
• To follow the title deed transfer and delivery procedures.

Conducting the legal examination before the deposit or sales price is paid, rather than after the sale, significantly reduces the risk of loss of rights.

Frequently Asked Questions

Do I need a special permit to sell a house to a foreigner?

Acquisition eligibility is sought in terms of the buyer's citizenship and the region where the real estate is located. Governor's permission may be required in special security zones; In regions closed to foreign acquisition, sales may not be made.

Can a foreign buyer buy a house in Turkey without a residence permit?

Yes. There is no obligation to have a residence permit in advance to buy real estate in Turkey. However, the acquisition conditions regarding the buyer's citizenship and the location of the real estate must be met.

Is appraisal mandatory for the sale of housing to a foreign buyer?

As of December 9, 2024, a mandatory valuation report is generally not required for normal foreign sales that do not have citizenship purposes. In transactions with citizenship purposes, the investment value is verified through the Amount Determination Document.

Is a foreign currency purchase certificate mandatory for a foreign buyer?

In transactions where a foreign real person acquires real estate through purchase, the foreign currency purchase document regarding the sales price must be issued by the bank before the title deed transfer.

Can the document obtained from the exchange office be used in the title deed?

The foreign currency purchase document to be used in the title deed transaction must be prepared by the authorized bank operating in Turkey in accordance with the relevant regulation. The receipt obtained from the exchange office does not replace this document.

Can mortgaged housing be sold to foreigners?

Depending on the nature of the mortgage, a sale may be possible. However, it should be planned to remove the mortgage before the sale or simultaneously with the sales price; Bank closure and cancellation documents must be obtained.

Can foreclosed housing be sold to foreigners?

Depending on the type of seizure and the relevant enforcement file, the sale may not be possible. It may be necessary to remove the attachment or complete the creditor and enforcement office proceedings.

Can the place that appears as an office in the title deed be sold to a foreigner as a residence?

The immovable property can be transferred with its nature in the title deed. However, the fact that the place marketed as a residence is an office in the title deed may cause problems in terms of residence permit, use, subscription and future sales transactions.

Does the foreign buyer become the owner of the house when he pays the deposit?

The payment of the deposit or sales price does not automatically pass the ownership. Ownership is acquired by the official real estate sale transaction and registration in the land registry.

Can a foreign buyer buy a house without coming to Turkey?

Yes. The title deed transaction can be carried out through a representative or lawyer through a power of attorney that is suitable for use in Turkey and contains the necessary special powers.

Can the transaction be made if the foreign buyer does not speak Turkish?

Yes. In the title deed or notary transaction, an authorized sworn translator is present and the official contract and the legal consequences of the transaction are explained to the foreign buyer.

Can a tenanted house be sold to a foreigner?

Yes. However, the transfer of title deed does not automatically terminate the lease agreement. The foreign buyer is subject to the provisions of the Turkish Code of Obligations regarding the eviction of the tenant and the continuation of the lease relationship.

Does a foreigner who buys a house get an automatic residence permit?

Purchasing a house can only be a reason to apply for a short-term residence permit based on real estate ownership if the necessary conditions are met. The acceptance of the application is evaluated separately.

Does a foreigner who buys a house automatically become a Turkish citizen?

Only when the current investment amount and other conditions are met, an exceptional citizenship application can be made. The purchase of real estate does not mean that citizenship will be granted definitively.

Can a house purchased for citizenship be sold immediately?

The commitment that the real estate purchased for citizenship purposes will not be sold for three years is recorded in the land registry. The voluntary transfer of real estate before the three-year period is completed may put the citizenship process at risk.

Does the land registry directorate carry out all legal checks?

The land registry office examines the registration process and the documents submitted. However, it does not comprehensively investigate the technical defects of the real estate, its market value, the risks in the contract, the lease relationship and its suitability for the investment purpose on behalf of the buyer.

Legal information: This content has been prepared for general information purposes. Rules to be applied in the sale of housing to foreigners; It may vary according to the citizenship of the buyer, the region where the real estate is located, the nature of the title deed, the purpose of purchase and the current legislation on the date of the transaction. Before paying the deposit or sales price, a legal examination specific to the buyer, seller and real estate should be made.