Legal Aspects of Buying Property in Turkiye: A Step-by-Step Guide

Are you imagining a vacation house in Turkey? Turkey might be a fantastic option for you to retire, or make investments. This huge country offers a variety of vibrant cities and stunning beach resorts, along with fantastic weather. However, obtaining title deeds and the legal procedures involved in purchasing a property can be long and complicated. In this blog, we will explore the different aspects of the legal considerations to make you feel comfortable and confident about your purchase.

Can Foreigners Buy Property in Turkiye?

To purchase real estate in Turkey, you do not have to be a citizen or resident of Turkey. Foreigners may still need to apply for a visa or residence permission to live in Turkey, even if they own a property there.

Before beginning their search for real estate in Turkey, foreign investors should be aware of the following restrictions:

• In Turkey, the maximum amount of land that a foreign national may purchase is 30 hectares.
• Properties in military zones and prohibited areas cannot be purchased or rented.

Turkish Property Legislation

The Turkish Constitution's Article 35 defines ownership. According to this article, ownership is a universal right that can only be curtailed by additional legal requirements. The limitations might include things like zoning ordinances, laws that apply to visitors, etc.

The Turkish Civil Code, article 633, elaborates on the ownership rules. This clarifies the process of obtaining ownership in Turkiye. If a foreign national purchases real estate, land registration is particularly crucial. The Land Registry Department in Turkey has regional directorates that are further split into district or province offices, all of which are under governmental administration.

Types of Title Deeds in Turkey

• Blue Title Deed: It is a legal document issued by the land registry department. it proves the ownership of land or a shared ownership.
  • Blue Title Deed for Land Ownership
  • Blue Title Deed for Shared Ownership

• Red Title Deed: It is a legal document issued by the land registry department. To prove ownership of an apartment or part of a construction such as floors, business offices, shops, stores, cellars, warehouses, etc.
  • Construction Servitude – Kat Artifaki
  • Flat Ownership – Kat Mulkiyeti

What Are the Steps to Buying a Property as a Foreigner?

1. If you are not currently residing in Turkey, you will need to schedule some trips to inspect homes. Research properties in the market and choose a local real estate agent.
2. Once you've identified the home you want to buy, work with the seller to negotiate the terms of sale and purchase price (your real estate agent can help you with this).
3. You'll sign a sales contract and pay a small holding deposit – at this point, your purchase is legally binding.
4. A knowledgeable, unbiased, and trustworthy advisor should be selected to manage the legal aspects of the transaction. Your ID/passport and, if appropriate, residency permit must be ready.
5. It may take three to four days for an independent evaluator to complete a comprehensive evaluation.
6. Your lawyer will review the title deed, which is the title of the land. For a new tapu to be issued with your information, it must be handed over to the Tapu office for registration.
7. The transaction is completed, and you’ll be the proud owner of a property in Turkey.

Related: Common Cases of Turkish Citizenship Rejection.

Taxes When Buying Property in Turkey

Property Purchase tax

Turkiye imposes a Property purchase tax (Tapu Devir Vergisi). The tax of 4% of the value of the property indicated in the title deed (Tapu) should be paid when registering the property and receiving Tabu. By default, this tax amount should be divided between buyer and seller. However, sometimes the tax is paid fully by the buyers. Therefore, it depends on how the different parties agree.

VAT on Property Purchases from Developers is Deductible

According to paragraph 13 of Article 3065 of the VAT Code of February 23, 2017, and Article 7 of Law No. 6824, the Turkish government excused foreigners from paying VAT in 2017 when they purchased real estate from developers, thus increasing the attraction of investments in the country. Foreign buyers are entitled to a tax deduction upon closing the sale. For that, one needs to provide the following documents in addition to the tax return application:

• Copy of passport with a notarised translation.
• Confirmation from the Turkish tax office that the buyer is not a tax resident of Turkey.

Should I Hire a Lawyer to Purchase Property in Turkey?

Most victims of scams were deceived because they did not seek help from a lawyer. Buying a property is a big investment. Why should anyone be vulnerable to saving a small amount of money? Hiring a registered Turkish lawyer may cost you a small portion of money, but it will save your investment and protect you from risks. Many real estate agents provide legal services which is even better for you. They can handle all the relevant legal processes and complete your purchase transaction without any hassle.

Buy a Property in Turkiye with Imtilak

Imtilak, one of the best real estate agents located in Turkiye, offers a wide range of apartments and houses available for sale in different cities in Turkiye. We ensure that our clients are satisfied when buying a property through our services. From finding the properties to dealing with the legal aspects, our lawyers and agents will handle everything for you professionally. All you have to do is to tell our team of your needs for a property and you will get the right option for you.

Contact us today and buy a property in Turkiye from the comfort of your home.