For foreign buyers, the title deed transfer process is not just about paying the sale price and receiving the title deed. For a safe real estate purchase, the seller's authority, the title deed registration of the real estate, mortgages and liens, zoning status, payment documents, foreign currency purchase document and the buyer's real estate acquisition conditions should be examined together. In connection with this topic Real Estate Law You can also review the content titled.
Real estate ownership in Turkey does not automatically pass upon the signing of a contract between the parties or the payment of the sales price. In order for the ownership to be transferred to the foreign buyer, the sale transaction must be carried out officially and the buyer must be registered as the owner in the land registry. For this reason, it is important to initiate legal checks even before the deposit, prepayment or reservation contract is signed.
Title deed transfer is the transfer of ownership of the immovable property from the current owner to the foreign buyer through an official transaction and the registration of this change in the land registry. When the title deed transfer is completed, the foreign buyer has the authority arising from the property right such as use, utilization, lease, sale and inheritance on the real estate.
Payments made or ordinary written contracts signed before the title deed transaction is completed do not directly confer ownership rights on the buyer. Although these documents can create a debt relationship between the parties, the real estate continues to legally remain on the seller unless there is a change of owner in the title deed.
| Subject to Check | Why is it Important? |
|---|---|
| Acquisition eligibility of the foreign buyer | It shows whether there is an obstacle to purchase in terms of the buyer's citizenship, location of the real estate and acquisition limits. |
| The seller is the owner and authorized | The person selling the real estate must be the real title deed owner or a representative with a valid power of attorney. |
| Title deed encumbrances | It enables the detection of mortgages, liens, injunctions, usufructs, rents, family residences and similar records. |
| Title deed nature of the immovable | It shows whether the place advertised as a residence is registered in the title deed as a residence, office, warehouse, land or any other nature. |
| Zoning and license status | It ensures that the building complies with licenses, projects and usage permits. |
| Sales price and payment plan | It ensures that the payment is made to the right person, traceable and compatible with the title deed transfer. |
| Foreign exchange purchase certificate | It shows the foreign exchange process that must be completed before the title deed transaction in sales where a foreign real person is a buyer. |
| Purpose of citizenship or residence | It ensures that the real estate and payment documents are arranged in accordance with the targeted application. |
Not every foreign real person can buy real estate in every region of Turkey and in the size they want. The citizenship of the buyer, the real estate previously acquired in Turkey, the region where the real estate to be purchased is located and the total surface area of the real estate should be taken into consideration.
The total surface area of the immovables that foreign real persons can acquire throughout Turkey cannot exceed the legal limits. In addition, it may not be possible to purchase real estate in military prohibited zones, military security zones, private security areas and areas closed to foreign acquisition.
Although the land registry office checks the suitability of the acquisition during the transaction, the buyer must have a preliminary examination before paying a deposit or sales price. If the acquisition obstacle arises after the payment is made, it may cause a dispute about the recovery of the price.
It should be checked whether the person with whom the sale is interviewed is the registered owner of the real estate in the title deed. If the real estate consultant, project salesperson, contractor, relative or the person who actually uses the real estate is not the owner in the title deed, he cannot sell on his own behalf.
If the sale is to be made through a representative, the representative must have a valid power of attorney. It may not be sufficient for the power of attorney to contain only general statements. The powers to sell real estate, collect the sales price, sign title deeds and request registration must be clearly regulated.
If the seller is a company, the company's trade registry records, representation and binding powers, signature documents and whether a separate decision is required within the company for the sale of the real estate should be examined.
The foreign buyer should not rely solely on the title deed shown by the seller. The old dated title deed may not show the current legal status of the real estate. Before the title deed transfer, the current and detailed title deed record and encumbrance information of the real estate should be examined.
In particular, the following information should be checked in the land registry:
It should be ensured that the information in the title deed record and the house shown to the buyer represent the same immovable. Especially in large projects, issuing a contract based on the wrong block or independent section number can lead to serious loss of rights.
There may be a mortgage, lien, precautionary attachment or court injunction on the immovable property. While some of these records directly prevent the sale, some may result in the transfer of the real estate with the debt.
If a mortgaged real estate is to be purchased, the current amount of the mortgage debt, which bank or person the debt belongs to, and at what stage the mortgage will be removed must be determined in writing. If a portion of the sale price is to be paid directly to the bank, the bank letter, closing amount, and mortgage cancellation process should be planned in advance.
The entire sales price should not be paid by relying on the seller's verbal statement that "I will remove the mortgage after the title deed transaction". In the transfer made without removing the mortgage, the foreign buyer may face the risk of acquiring the real estate with the existing mortgage burden.
If there is a seizure or precautionary injunction record, the immovable property may not be transferred. In order to remove these records, the necessary correspondence may need to be delivered to the land registry office by the relevant enforcement directorate, court, bank or creditor.
If the house subject to sale is used as a common living center of the seller and his family, it may be a family residence. If there is a family residence annotation in the title deed record, the explicit consent of the other spouse may be required for the sale.
The absence of an annotation in the title deed does not mean that there is no risk in all cases. In cases where the real estate is actually used as a family residence, it may be possible for the spouse to raise a legal objection after the sale. The marital status of the seller and the way the real estate is used should be evaluated in terms of the concrete case.
An independent section marketed as a residence may be registered as an office, shop, warehouse, land or field in the title deed. The nature of the immovable in the title deed; It can affect residence permit, citizenship, bank loan, insurance, subscription, tax and resale processes.
If the foreign buyer is buying a house, especially for residence permit, he should check whether the real estate is in the nature of a residence. A real estate that is actually used as a house but does not qualify as a residence in the title deed may not provide the expected residence permit result.
The fact that the independent section in a completed building has been transferred to condominium ownership is an important indicator in terms of the legal and technical status of the building. Floor easement, on the other hand, is usually seen in projects that have not yet been completed or whose transition to condominium ownership has not been finalized.
The purchase of an immovable property with floor easement is not illegal on its own. However, the building permit, occupancy permit, completion status of the project and why condominium ownership has not been transferred should be investigated.
For immovables that appear as land in the title deed but have a building on it, the license and registration status of the building should be examined in detail. Incompatibility between the land registry and the actual situation may cause sales and financing problems in the future.
The absence of any problems in the title deed registration does not mean that the real estate is completely compliant with the zoning and building legislation. In addition to the title deed examination, the records in the relevant municipality and other administrations should also be checked.
The following documents are particularly important in this review:
Additional rooms, closed balconies, attics, basement areas and common area uses that are not included in the project may cause legal problems. The buyer should not make a decision based solely on the current physical appearance of the property.
If the foreign buyer buys a certain share of the real estate instead of an independent residence, he should not think that he has gained the right to use the real estate alone. In a shared title deed, the buyer becomes the owner of a certain share of the real estate, not a physical apartment.
In shared immovables, there may be a risk of pre-emption rights of other stakeholders, usage disputes and lawsuits for the elimination of the partnership. The seller's verbal explanation that "This share corresponds to this flat" does not constitute independent section ownership in the title deed.
If shares are to be purchased, a special legal examination should be made in terms of the use of the immovable, other stakeholders, the actual partition status and the right of pre-emption.
If the deposit or reservation fee is to be paid before the title deed transfer, a detailed written contract should be prepared between the parties. It is not enough to have only the phrase "deposit received" in the contract.
The following provisions should be included in the deposit agreement:
The deposit should not be paid until the ownership of the seller and the legal status of the real estate are verified. It should be checked that the bank account to be paid belongs to the seller or the authorized person explicitly stated in the contract.
The sales contract signed by the parties at the real estate office or among themselves does not transfer the ownership of the real estate to the foreign buyer alone. An official sales transaction and title deed registration are required for the ownership to pass.
If a preliminary contract for the sale of real estate is to be made, the contract must be drawn up in the official way required by the law. Annotating the promise of sale to the land registry can provide the buyer with stronger protection against the risk of transferring the real estate to third parties.
If a purchase is to be made from the project or an immovable property under construction, the land ownership, construction permit, contractor's authority, delivery date, delay penalty and guarantee provisions should be regulated in detail.
The documents to be requested by the land registry office may vary depending on the nature of the real estate, the citizenship of the buyer, the representation status and the purpose of purchase. In general, the following documents need to be prepared:
| Document | Points to Consider |
|---|---|
| Passport or country ID | Must show nationality information; a notarized Turkish translation should be prepared when necessary. |
| Identity information declaration form | It must be filled in fully compatible with the information in the passport. |
| Photo | It must be up-to-date and accepted for title deed transactions. |
| Foreign ID or tax number | It is used for identification of the recipient in the relevant public systems. |
| Title deed information of the real estate | Island, parcel and independent section information must match the place subject to sale. |
| Real estate fair value information | It is obtained from the municipality or through the system. |
| TCIP policy | Buildings covered by compulsory earthquake insurance must have a valid policy. |
| Foreign exchange purchase certificate | In the sale where the foreign real person is the buyer, it must be arranged by the bank before the transaction. |
| Bank Receipts | It should show the payment flow, especially in transactions made for citizenship purposes. |
| Power of Attorney | If the transaction is to be made through a representative, it must include the necessary special authorizations. |
| Sworn translator | If the recipient does not speak Turkish, they must be present during the transaction. |
| Amount Determination Certificate | Turkish citizenship through real estate acquisition is sought in the requested transactions. |
In current practice, a valuation report is not required for normal real estate sales to which foreigners are parties but do not include the acquisition of Turkish citizenship. Due to previous practices, there may be outdated information on the internet that the appraisal report is mandatory for all purchases made by foreigners.
However, it is possible for the buyer to have an independent technical and financial valuation for his own safety. Even if it is not officially mandatory, independent appraisal may be useful in determining the real market value, physical condition and investment risks of the real estate.
In transactions where Turkish citizenship is requested through the acquisition of real estate, the investment amount is confirmed with the Determination Document of the Amount Subject to Citizenship Acquisition by Real Estate Acquisition. This document is prepared through the relevant system and sent electronically to the land registry system.
In the real estate to be purchased for citizenship purposes, it is not sufficient for the announcement or contract price to cover the required investment amount. The following values must separately meet the amount required by the legislation:
If one of the document and payment amounts is below the required investment value, it may negatively affect the citizenship eligibility process. For this reason, the foreign buyer with citizenship should have a conformity examination before choosing the real estate and paying the deposit.
In transactions where 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 currency purchase document must be prepared before the title deed sale is completed and sent to the relevant land registry office by the bank. After the title deed transaction is completed, it is not possible to issue a foreign currency purchase certificate retrospectively.
It is important that the following information is correct in the foreign exchange purchase document:
The amount subject to the foreign currency purchase certificate should only include the real estate sales price. It may not be appropriate to add real estate commission, attorney fees, taxes, title deed fees and other expenses to the sales price and include them in the document. Also Title Deed and Tax Procedures for Foreigners Buying Real Estate in Turkey should be evaluated together with the concrete case.
The Turkish lira amount shown in the foreign currency purchase document is important in determining the sales price in the official title deed. The person, amount, and identity information on the document must be compatible with the title deed application.
Incorrect passport number, missing name, issuing documents in a different buyer's name, or exchanging currency for only a portion of the sale price can lead to delays in the title deed process.
If more than one immovable property is to be purchased, it is necessary to plan from the beginning for which immovable or immovable properties the amount in the foreign currency purchase certificate will be used. In citizenship procedures, the amount and date compatibility between the documents are examined more strictly. Citizenship Process for Foreigners Buying Real Estate its content explains other legal points related to this stage.
The foreign buyer should not pay the entire sales price before the legal examination is completed and it is certain that the title deed transfer can be made. The payment method should be clearly determined in the sales contract and should be carried out simultaneously with the title deed transfer as much as possible.
The following precautions should be taken when making payments:
It is risky to send the sales price to the account of a third party who is not related to the real estate upon the request of the seller. If such a payment is mandatory, the identity of the account, the legal reason for the payment and the seller's express instructions must be documented in writing.
Showing the sales price lower than the actual amount in the title deed in order to reduce taxes or fees creates legal and financial risks for both the buyer and the seller.
If the actual price is not shown in the title deed:
The title deed sales price should not be lower than the property tax value determined by the municipality and should reflect the actual sales relationship.
The foreign buyer can complete the title deed process through his lawyer or other representative without coming to Turkey. However, the power of attorney issued abroad must comply with the Turkish land registry legislation.
The following issues are generally sought in the power of attorney:
Depending on the country where the power of attorney is issued, an apostille annotation or Turkish consulate approval may be required. A notarized Turkish translation of the document must also be prepared.
Powers of attorney issued at Turkish consulates abroad can be a safer option in practice as they can be prepared in accordance with title deed transactions. However, before the power of attorney is issued, the scope of the transactions to be carried out should be determined together with the lawyer.
If the foreign buyer does not speak Turkish, an authorized sworn translator must be present during the title deed process. The translator must explain the official deed and the legal consequences of the transaction to the foreign buyer.
The buyer should not sign a document they do not understand based solely on the verbal explanation of the real estate agent or seller. It is important that the interpreter is independent of the parties and has a sufficient knowledge of the language spoken by the recipient.
The sales price, real estate information, mortgages, commitments and special conditions should be checked again through a translator before signing.
Title deed application can be made through the Web Tapu system. There is a foreign portal in the Web Tapu system for foreign real persons who do not have a foreign identity number or e-Government password.
During the application, real estate and party information are entered into the system, the necessary documents are uploaded and the transaction type is selected. After the land registry directorate examines the documents, the deficiencies, fee information and appointment date are notified to the parties.
Following the application by a real estate agent or another person does not automatically authorize this person to sign the title deed. If a representative is to be used in an official sale, there must be a valid power of attorney.
After the documents are approved and the necessary payments are completed, the parties are present at the land registry office on the notified date. Identity verification is done, an official deed is prepared and the transaction is explained to the parties.
Before signing the title deed, the foreign buyer should check the following information for the last time:
Upon signing the official deed and completing the registration process in the land registry, the ownership is transferred to the foreign buyer. After the transaction, the current title deed document should be obtained and the buyer's name and real estate information should be checked again.
During the transfer of the title deed, title deed fees, revolving fund fees and other expenses may arise depending on the nature of the transaction. How the parties will share the title deed fee among themselves can be determined in the sales contract.
Here are the main expenses that a foreign buyer may encounter:
Before the sale, it must be determined in writing which party bears all costs and payments to official authorities must be made only on verified collection information.
The fact that the title deed record is clean does not mean that there are no debts related to the real estate. Real estate tax, site dues, common expenses, electricity, water, natural gas and similar debts should be investigated separately.
Especially in residences located in a site or apartment, it may be useful to obtain a letter of no debt from the management. In order to avoid a dispute between the new owner and the old owner due to dues and common expense debts, it should be stated in the contract that the debts until the transfer date will be paid by the seller.
If the property is tenanted, the lease agreement, deposit, unpaid rent and eviction status should also be checked. The purchase of the tenanted real estate does not automatically terminate the lease agreement. About the relevant aspect of the process Things Foreigners Should Consider When Making a Rental Agreement in Turkey There is detailed information on the page.
The transfer of the title deed and the actual delivery of the house may take place on different dates. The sales contract should specify when the keys will be delivered, whether the property is vacant or tenanted, and the condition of the items inside.
It is recommended to prepare a written delivery report during the actual delivery. The following information can be included in the report:
In case of defective or incomplete delivery, taking photographs and video recordings on the delivery date can also provide ease of proof.
If the foreign buyer is purchasing the real estate for the purpose of Turkish citizenship, unlike a normal title deed transaction, the real estate, the seller, the payment documents and the valuation must comply with the citizenship legislation.
The following checks should be made before purchasing:
It is not enough for the advertisement price of the real estate to exceed the required citizenship amount. The official deed, payment, foreign exchange purchase document and the accepted investment value must separately meet the amount in the legislation.
The foreign buyer's purchase of a house in Turkey does not automatically gain a residence permit. For a short-term residence permit based on real estate ownership, a separate application must be made and other conditions in the current legislation must be met.
It is important for the buyer, who has the purpose of residence, to have the title deed nature of the real estate, the region where it is located, the purchase value and whether it can be used for shelter purposes checked before the transaction.
Upon completion of the title deed transfer, the foreign buyer may need to follow the following actions:
The land registry directorate carries out the official registration process based on the documents submitted. However, the land registry office does not have the duty to investigate whether the real estate is an economically good investment, whether the contract adequately protects the buyer, or the technical defects of the construction on behalf of the foreign buyer.
A lawyer working in the field of real estate law can perform the following transactions before the title deed transfer:
If the buyer cannot come to Turkey, the title deed and related transactions can be followed through a lawyer within the scope of a duly prepared power of attorney.
The payment time of the sales price can be determined according to the contract of the parties. However, in order to protect the buyer, it is safer not to pay the entire price before the legal examination and title deed transfer are finalized, and to make the payment simultaneously with the title deed transaction and through the bank.
Making a deposit or prepayment does not transfer the ownership of the real estate to the buyer. Ownership is acquired by official sale and registration in the land registry.
According to current practice, a mandatory valuation report is not required for normal foreign real estate purchases that do not include a citizenship request. For purchases made for the purpose of Turkish citizenship, the investment value is confirmed through the Amount Determination Certificate.
In transactions where a foreign real person acquires real estate through purchase, a foreign currency purchase certificate must be issued before the sale. The application should be checked separately according to the party and type of acquisition of the concrete transaction.
The foreign exchange purchase document must be prepared by the bank operating in Turkey in accordance with the relevant regulation. Foreign exchange transactions carried out at the exchange office or by hand do not meet the document required for the title deed.
Yes. The title deed process can be completed through a lawyer or representative through a power of attorney that includes the necessary authorizations and is issued in accordance with Turkish law.
If the type of mortgage and the creditor's situation are suitable, the sale may be possible. However, it should be determined in advance how and when the mortgage will be removed, to which account the sales price will be paid, and when the cancellation documents will be delivered to the land registry.
In the residence permit based on real estate ownership, it is important that the real estate is used for residential and shelter purposes. Immovables registered in the title deed as offices, warehouses, land or other properties may not provide the expected residence permit result.
Under-declaring the actual sales price may pose serious risks in terms of tax and fee penalties, proof of payment and citizenship application. The official deed must reflect the actual sales relationship.
The result may vary depending on the type of debt. The personal subscription debts of the former owner and the obligations related to the real estate, common expenses or real rights in the land registry should be evaluated separately. For this reason, debt research should be done before the transfer.
The land registry directorate examines the registration process and the documents submitted. However, it does not investigate all risks such as whether the contract is in favor of the buyer, technical defects in the real estate, zoning problems, market value and payment security on behalf of the foreign buyer.
A commitment not to sell for three years is recorded in the title deed record of the real estate acquired for citizenship purposes. Optional sales cannot be made before the commitment period is completed.
Legal information: This content has been prepared for general information purposes. Documents to be requested in the transfer of title deed and rules to be applied; It may vary depending on the citizenship of the buyer, the nature of the real estate, the date of purchase, the payment method and the purpose of citizenship or residence. Before paying the deposit or sales price, a legal examination specific to the buyer and the real estate should be made.