Purchase by Foreigner


Purchase of immovable property by foreign individuals and corporate bodies has been regulated by decision published on 19.7.03 in Resmi Gazete (Official Journal) number 25173. According to this decision - including the changes, purchase by foreigners regulations have been formed on basis of property purchase laws existing in these foreigners’ countries. Article 35 of Tapu Kanunun (Property Registry Law) summarises these basis as follows:

Reciprocity Principle
Existence of Reciprocity Principle is a precondition for foreign purchases in Republic of Turkey. According to Reciprocity Principle, citizens or business companies of a foreign country can purchase property in Republic of Turkey, if Turkish citizens and business companies can lawfully purchase property in that country.

New Changes
In addition to the legal regulation of reciprocity and realistic possibility for its’ implementation, rights that are given to citizens of that country and business companies established according to that country’s law, must be give n to Turkish citizens and Turkish business companies as well.

Exceptions from Reciprocity Principle:
1. Those who are stateless and do not have citizenship of any country are exempted from Reciprocity Principle.

2. According to Agreement regarding Legal State of Refugees, refugees are exempted from Reciprocity Principle after they had lived three years in country of asylum. This agreement was proclaimed on 28.7.1951, and approved in Turkey on 26.8.1961.

3.According to Turizm Teşvik Kanun (Tourism Encouragement Act), individuals and corporate bodies who want to make investment for tourism purposes can be exempted from Reciprocity Principle, and acquire property in touristic regions.

Compliance with Restriction Provisions
Individuals who want to purchase property in Turkey must comply with all legal restrictive provisions. Some of these provisions are:

1. Immovable property in districts of military or national security interest cannot be sold, rented or transferred to foreign individuals or corporate bodies

2. Foreign individuals cannot purchase more than 30 hectares of land. More than 30 hectares can be purchased only by permission of Council of Ministers Cabinet. This does not apply to immovable property acquired by legal inheritance.

By entry 87 of Village Law 442, with new changes, purchase of immovable property by foreign individuals in villages became possible. Conditions that apply to individuals, apply to business companies too; they are also subject to Reciprocity Principle and lawful limitations. Those interested should ask Dışişleri Bakanlığı (Foreign Affairs Ministry) if the Reciprocity Principle exist between Turkey and their country.

Administrative Body Authorised for Immovable Property Purchase Applications Foreigners who want to purchase real estate should send their applications to Tapu Sicil Müdürlüğü (Real Estate Recording Office) in place of their purchase.

Documents Required for Real Estate Registration Application. There is no diffence between Turkish citizens and foreigners in terms of documents required for real estate registration application. In addition to documents required, foreigners need assistance of translator.

1. Individuals need:
A) Existing title deed, or document with location and parcel number information, or owner’s verbal declaration

B) Identification document valid in purchaser’s country of citizenship or valid passport, and two passport size photographs.

C) If formal request is made by a representative, power of attorney given to the representative, representative’s valid identification document and two passport size photographs are required.

2. Corporate bodies need:
a. Companies established in accordance to entry 4875 of Doğrudan Yabancı Yatırımlar Kanunun (Direct Foreign Investment Law), need to present documents of company registration, list of authorized signatures, and power of attorney given to a representative.

b. A company established in foreign country according to laws and regulations of that country, needs to present documents of company registration issued in their country There is no difference in title deed application fee and taxes between Turkish citizens and citizens of other countries.

Source: Information presented above was taken from Tapu Kadastro Genel Müdürlüğü (General Directorate of Real Estate and Land Registry Office) website (www.tkgm.gov.tr), page Yabancıların Türkiyede Taşınmaz Edinimi (Purchase of Immovable Property by Foreigners in Turkey) dated 03.01.2005.

This information is subject to change; we advise all those interested in purchase of real estate in Turkey to contact us for specific details that apply to their country/citizenship in relation to Turkey.

The Government approved of FOREIGN SELLING..

(This information was published in the newspapers dated 14 JULY 2008)!!







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