Guide To Buying Real Estate In Turkey

GUIDE TO BUYING REAL ESTATE IN TURKEY
WHAT YOU NEED TO KNOW ABOUT PURCHASING PROPERTY IN TURKEY

Buying real estate in Turkey as a foreigner remains an attractive opportunity for investors and private buyers alike. But is it safe to buy property in Turkey? The answer is yes—provided you avoid legal pitfalls and seek professional guidance.

While the process may seem straightforward at first glance, the high number of property disputes in Turkey indicates that many buyers encounter legal complications. Whether in Istanbul, Antalya, Alanya, or Izmir, anyone looking to purchase real estate in Turkey should be well-prepared.
This guide provides essential information on legal requirements, taxes, potential risks, and how to ensure a smooth and legally secure transaction with the assistance of a real estate lawyer in Turkey.

RESTRICTIONS FOR FOREIGN BUYERS & PURCHASING PROPERTY IN TURKEY VIA POWER OF ATTORNEY
Foreigners purchasing real estate in Turkey may subjected to certain legal restrictions. These regulations are designed to ensure both the security of real estate transactions and the protection of public interest.
To avoid delays or legal complications, international buyers and investors are strongly advised to consult a specialized real estate attorney. Legal expertise ensures that the purchase process is conducted safely and in full compliance with Turkish law.
Additionally, foreign buyers can delegate the entire transaction process through a Power of Attorney (PoA). This allows a trusted representative to handle all legal formalities and registration procedures on their behalf, ensuring a secure real estate acquisition without requiring the buyer’s physical presence in Turkey.

RESTRICTIONS FOR FOREIGNERS WHEN PURCHASING REAL ESTATE IN TURKEY

1. Military Restricted Zones
• Foreigners are prohibited from purchasing real estate located within military security zones.

2. Land Ownership Limits
• A foreign buyer may own a maximum of 30 hectares (300,000 m²) of land in Turkey.
• Within a specific district, foreign investors cannot acquire more than 10% of the total land area.

3. Residential and Commercial Properties
• Foreigners are only permitted to purchase residential or commercial properties.
• If purchasing undeveloped land, a construction obligation must be fulfilled within a specified timeframe.

PROPERTY PURCHASE BY POWER OF ATTORNEY –REAL ESTATE PURCHASE TRANSACTIONS IN TURKEY
Many buyers ask: "Can I buy property in Turkey without being physically present?"
The answer is YES – with a notarized Power of Attorney (PoA).

1. Granting a Power of Attorney
• You can appoint a real estate lawyer in Turkey to handle the entire purchase process on your behalf.
• The PoA can be issued at the Turkish Consulate in your homeland or certified by a notary with an Apostille for international validity.

2. Legal Security
• Your lawyer will verify legal position concerning property, mortgages, distraints, and any hidden risks, ensuring a legally secure transaction.

✅ Tip: Without a properly structured Power of Attorney for property purchases in Turkey, buyers may face fraud risks and legal complications. Always seek expert legal advice before proceeding!

TOP MISTAKES FOREIGN BUYERS MAKE WHEN PURCHASING PROPERTY IN TURKEY – AND HOW TO PREVENT THEM
Many foreigners make costly mistakes when purchasing property in Turkey. Here are the most common pitfalls and how to protect yourself.

1. Missing a Land Registry Check

Mistake: Buyers rely solely on real estate agents’ statements and fail to verify whether the seller is the actual legal owner.
✅ Solution: Ensure a lawyer conducts a comprehensive land registry check.

• Ownership status: Is the seller the rightful owner with the legal right to sell?
• Liabilities: Are there any registered mortgages, distraints, or legal restrictions on the property?
• Accuracy with the land registry: Do the property details match the official records in the land registry?

This verification is essential to ensure the transaction is legally secure and free from hidden liabilities.

2. Purchasing Property Without a habitation permit or Development Right

Mistake: Buyers overlook the legal construction status and fail to check if the property has the necessary permits and approvals.
✅ Solution: Before buying, have a lawyer check the property’s legal zoning status (İmar Durumu) and habitation permit (İskan Belgesi) by reviewing municipal records.

3. Signing a Purchase Contract Without Legal Review
Mistake: Many buyers sign contracts without consulting a Turkish real estate attorney, leaving them vulnerable to unfavorable terms and hidden clauses.
✅ Solution: Never sign a purchase contract without having it reviewed by a specialized lawyer, ensuring it protects your rights and does not include hidden fees or legal risks.

BUYING PROPERTY IN TURKEY: TAX & LEGAL OBLIGATIONS

When purchasing real estate in Turkey, a 4% real property transfer tax (Tapu Harcı) applies, which is typically split equally between the buyer and seller (2% each).
❌ Warning: Underreporting the purchase price in the land registry can result in hefty back taxes and fines. Always seek professional legal advice!

CONDOMINIUM EASEMENT & PROPERTY OWNERSHIP

When purchasing newly built properties, it is crucial to distinguish between Construction Easement (Kat İrtifakı) and Property Ownership (Kat Mülkiyeti):
• Property Ownership: Indicates that the building has been approved, but construction is not yet fully completed.
• Construction Easement: Granted only after obtaining the Occupancy Permit (İskan Certificate). Purchasing a property without an İskan may lead to additional costs and legal risks.

SPECIAL CASE: PROPERTY PURCHASE FOR RESIDENCY OR CITIZENSHIP

Can I obtain Turkish citizenship through property ownership? Yes!
Foreign buyers can apply for Turkish citizenship by purchasing real estate worth at least $400,000 USD.
• Requirement: A three-year resale restriction must be registered in the land registry ("Not to be sold for three years" clause).
• For a residence permit, purchasing a lower-value property may be sufficient.

PURCHASING TENANTED PROPERTIES

If a property is purchased with an existing tenancy agreement, the lease remains legally binding for the new owner.
Buyers should therefore carefully review:

• Lease duration and contractual terms
• Tenant protection rights and termination options
• Legal requirements for eviction due to personal use
A thorough legal review ensures a secure and hassle-free property acquisition in Turkey.

CLIENT EXPERIENCES: SECURE REAL ESTATE TRANSACTIONS WITH VURAL & DEMIR

📌 Land Registry Check Prevents Hidden Mortgage Liability

An investor from Cologne intended to purchase a holiday property in Alanya. The property was advertised as free of encumbrances, and the purchase was set to be completed quickly.
However, during our legal check, we found that a mortgage in favor of a bank was registered on the property. The buyer would have automatically assumed this liability upon purchase, resulting in significant financial obligations.
Thanks to our comprehensive land registry check and legal counsel, our client was able to withdraw from the transaction and avoid financial risks. Instead, we assisted him in securing a legally verified property, which he successfully acquired.

✅ Lesson for property buyers: A thorough land registry check by a lawyer is essential to identify hidden liabilities and protect against unforeseen financial risks.

📌 Ownership Transfer for Inherited Property – Ensuring Legal Possession
A client from Zurich sought to purchase a villa in Bodrum, which was being sold as part of an estate. The property was offered by multiple heirs, and the contract was scheduled for immediate signing.

Our legal review revealed major uncertainties:
• The property had not yet been fully transferred to the heirs, making a valid sale legally impossible.
• One heir, residing abroad, had not formally renounced their inheritance rights.
• Without the consent of all heirs, the buyer would not have obtained clear legal ownership.

We assisted the heirs in completing the probate process and ensured that the title transfer was properly registered. Only after all formalities were fulfilled was the purchase contract securely executed.

✅ Lesson for buyers of inherited properties: Before buying, it is critical to confirm that all inheritance matters are legally resolved and that all necessary heir approvals are obtained. A lack of check could result in future ownership disputes.

WHY VURAL & DEMIR – YOUR REAL ESTATE LAWYERS IN TURKEY

Our legal services for property buyers in Turkey:

✅ Comprehensive land registry and municipal record checks
✅ Legally secure execution of all land registry formalities
✅ Drafting and reviewing purchase agreements and notarial documents
✅ Verification of mortgages, distraints, and other encumbrances
✅ Legal guidance on residence and citizenship applications
✅ Representation in termination of tenancy agreements and property disputes

📍 Our Istanbul-based law firm assists clients from Germany, Austria, Switzerland, and across Europe who seek to buy or invest in real estate in Istanbul, Antalya, Alanya, Izmir, and other Turkish regions.

📞 Secure your initial consultation today! Contact us: info@vuraldemirlaw.com