REAL ESTATE PURCHASING PROCEDURES IN TURKEY FOR FOREIGNERS GUIDE


Guide for Foreigners

REAL ESTATE PURCHASING PROCEDURES IN TURKEY FOR FOREIGNERS GUIDE

This guide has been created with the aim of helping foreign real persons not to encounter problems in acquiring real estate in our country. However, the guidance does not cover the required professional consultancy services. We provide legal services especially for foreign citizens who want to buy and sell in Alanya, who want to buy property in Alanya, who want to invest in Alanya.

1. Legal basis:

Pursuant to Article 35 of the Land Registry Law No. 2644, amended by the Law No. 6302, which entered into force in May, the practice of seeking reciprocity in the acquisition of real estate by foreign real persons in our country has been abandoned. Information can be obtained from the Turkish Embassy or Consulate General in your country, or from your country's representatives in Turkey, about whether you can acquire real estate and limited real rights in our country. Foreign real persons should pay attention to the following issues in order not to incur any loss while purchasing real estate in our country:

 

2. Arrangement of contracts in accordance with the official form:

According to the current legislation in Turkey, official contracts aiming at the transfer of immovable property must be made at the Land Registry Offices where the immovable is located. It may also be possible to sign a "promise of sale contract" in the presence of a notary public before the official sale.

The acquisition of the ownership of the immovable whose sales contract is made officially is possible with the registration to be made at the Land Registry Offices.

 

3. Legal restrictions on acquisition of real estate by foreigners:

A. Foreigners may purchase immovables to use as a workplace or residence in Turkey, provided that they comply with legal restrictions. However, even in different cities, the total area of immovables that a foreign person can purchase in Turkey cannot exceed 30 hectares.

B. It is also necessary to obtain permission from the military authorities in the region before foreigners purchase real estate. If the subject property is located within the security zone, it would be beneficial to clarify this issue before making the payment, since it will not be possible to sell to foreigners.


4. Practical information:

A. During the application to the relevant land registry directorates for the acquisition of real estate by real persons of foreign nationality:

-Identity documents or passports,

- Residence permits issued by the relevant police directorates for foreigners whose real estate acquisitions are subject to a residence permit,

- In case they take a power of attorney based on the power of attorney issued from abroad, they must have the original or a certified copy of the power of attorney along with their translation.

B. Before making sales contracts, matters such as whether the immovable is registered with limited real rights, whether it is mortgaged or whether there is any situation that prevents its sale, should be checked by the relevant Land Registry Office.

C. Foreigners who want to buy property in our country, especially in Alanya,

- Not signing legally binding contracts and not making payments without having sufficient information about the real estate in question,

- It is appropriate not to initiate transactions without doing sufficient research on the seller person or companies, and not to work with individuals or companies that cannot prove that they are serious and reliable.

In particular, in case of any dispute regarding the purchase and sale in Alanya, the situation should be brought to the judiciary and a lawsuit should be filed in Turkish courts. The Turkish Ministry of Foreign Affairs and its foreign representatives do not get involved in the judicial process.

It is not obligatory to have a lawyer in cases related to property acquisition and legal disputes, as in other different legal cases and legal consultancy. However, in order to write the petition in accordance with the law, in order to avoid any loss or victimization in the lawsuits to be filed, within the scope of the disputes regarding the real estate, you can carry out all your legal consultancy services with a lawyer who has knowledge in the field of foreigners law and real estate law, is experienced and provides professional services. You can ensure that the procedures are more accurate and fluent.



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