How to Buy Real Estate in Türkiye as a Foreigner: Step-by-Step Legal Guide and Common Mistakes

1. Introduction: Türkiye—A Rising Star for Global Property Buyers

Türkiye’s real estate market attracts thousands of foreign buyers every year, thanks to its strategic location, strong legal protections, affordable prices, and the promise of both lifestyle and investment returns.
Whether you’re seeking a seaside apartment, a commercial property, or a citizenship investment, understanding Türkiye’s legal procedures is key to a safe and successful transaction.

2. Who Can Buy? Legal Status of Foreign Buyers

• Most foreign individuals and companies can purchase real estate in Türkiye, except citizens of certain countries subject to reciprocity or security restrictions.
• No residence permit required to own property; purchase itself can support future residence or citizenship applications.

3. Step-by-Step Legal Guide for Foreign Buyers

Step 1: Pre-Transaction Checks

• Legal Restrictions: Some zones (military/security areas, strategic assets) are closed to foreigners.
  Always confirm eligibility for your nationality and the target property.
• Title Deed Due Diligence:
  • Confirm seller’s ownership, encumbrances (mortgage, lien, foreclosure), zoning compliance, and building licenses.
  • Work with a lawyer or reliable agent for official title registry review.

Step 2: Negotiation and Preliminary Agreement

• Price & Payment Terms: All major currencies are accepted, but payment usually in Turkish Lira by law.
• Preliminary Sales Agreement (optional):
  • A notary or lawyer can draft this to secure the deal with a deposit.
  • Be wary of “reservation” forms—review terms and refundability.

Step 3: Turkish Tax Number and Bank Account

• Obtain a Turkish Tax ID (quickly available at tax offices with passport).
• Open a local bank account for the transfer of purchase funds.
  Banks may request proof of property purchase intention.

Step 4: Official Purchase and Title Deed Transfer (Tapu İşlemleri)

• Tapu Office Application:
  • Both buyer and seller (or their legal representatives with Power of Attorney) apply at the Land Registry Office.
  • Required documents:
    • Passport (with sworn translation if needed), tax number, photographs, property documents.
• Military Clearance (if applicable):
  • For some locations, clearance may be required.
  • Most urban areas are now exempt, but always check.
• Final Payment & Tapu Fee:
  • Full purchase price must be paid before title transfer.
  • Tapu (title) fee (usually 4% of the sale price, shared or negotiated).
• Signing and Registration:
  • Both parties sign before a Tapu officer.
  • Title deed is issued in your name on the same day.

Step 5: Post-Completion Essentials

• Utility Registration: Transfer or open accounts for electricity, water, internet, and natural gas.
• DASK (compulsory earthquake insurance): Mandatory for utility activation.
• Residence Permit/Citizenship Application (optional):
  • Properties above certain thresholds can support residence or citizenship applications.
  • Prepare all supporting documents for a seamless application.

4. Common Mistakes to Avoid

• Not conducting independent due diligence:
  Relying solely on the seller or developer can lead to undisclosed debts or legal problems.
• Signing non-binding or “reservation” contracts without legal review:
  Many are not enforceable—always demand official documents.
• Paying the full amount before Tapu transfer:
  Use escrow or pay at the Tapu office for maximum safety.
• Skipping professional legal support:
  Local market practices can be opaque; a lawyer ensures the deal is legal, transparent, and protected.
• Assuming every property qualifies for citizenship:
  Only certain real estate, meeting valuation and payment rules, is eligible for the Turkish citizenship program.

5. Taxation and Ongoing Obligations

• Purchase taxes: 4% Tapu fee (shared or as agreed), minor municipality and stamp duties.
• Annual property tax: Based on location and value.
• Rental income tax: Applies if you rent out your property.
• Capital gains tax: On resale within five years of purchase (with certain exemptions).

6. Practical Tips for a Safe and Profitable Investment

• Work with a reputable real estate lawyer:
  Not just an agent—legal advice saves money, time, and stress.
• Negotiate all terms in writing:
  Include penalty clauses for delays or default.
• Insist on title deed review and secure payments:
  Use your own bank account; beware of cash or off-the-record payments.
• Check for property management services:
  Especially for investment properties or absentee owners.

7. Why Legal Support Makes All the Difference

Türkiye’s property market is vibrant but also competitive and complex. With a professional legal partner, you can:

• Avoid scams, hidden liabilities, and costly mistakes,
• Navigate bureaucracy with ease,
• Ensure your investment qualifies for residence or citizenship programs,
• Protect your rights during and after the sale.

Stj.Öğr.Esmanur AKTAŞ