Legal Basis of Real Estate Acquisition of Foreign People in Turkey What is it?

• Article 35 of the Land Registry Law No. 2644 was amended by Law No. 6302, which entered into force on 18 May 2012. Accordingly, the condition of reciprocity has been lifted in the acquisition of real property of foreign nationals in our country  . Accordingly, citizens of the countries designated by the President can obtain immovable property from our country under certain conditions.

• Amendment with the law, citizens of 183 countries in Turkey, “regardless of the condition of reciprocity” the right to acquire immovable property has been diagnosed. The most important reason for this legal change; Turkey is due to the high interest in the acquisition of real estate investment is open to foreign investors.

• In our country, real estate and limited real rights which citizens of the country in which it is possible to obtain the Republic of Turkey Embassies / Consulates and recorder of deeds ‘ can be obtained from the information. In this context; Syrian citizens , except  it is stated that citizens of Arab and Islamic countries should be possible acquisition of real property in Turkey. (On a confidential basis, there is no clear list of which 183 countries in question are). Previously citizens of the Islamic and Arab countries, while impossible to acquire property in Turkey, as a result of changes made in 2012 with the removal of reciprocity has now provided opportunities to purchase real estate in Turkey the citizens of this country.

• Foreign people, who are foreign nationals, can acquire all kinds of real estate (Housing, Business, Land, Field) in terms of quality provided that the legal restrictions are observed.

• Foreign natural persons are obliged to submit the projects they will develop in the immovable property (Land, Field) they purchase to the approval of the relevant Ministry within two years. In the event that the Ministry does not apply within two years or the project is not completed within the term, the real estate in question is subject to the liquidation provisions.

• According to the legislation in force in Turkey, will be signed in the Directorate of Deed transfer and registration of immovable property is possible with the official certificate.

• It is also possible to sign a “promise of sale contract” before a notary. However, it is not possible to acquire immovable property with the “sales promise agreement” or external sales agreement signed before a notary public  .

What Are The Legal Limitations On The Acquisition Of Foreign Real Persons In Real Estate?

• Before the amendment of the Law mentioned above, the total area of ​​the immovable properties that foreigners could buy across the country could not exceed 2.5 hectares (25 thousand m²). However, at the moment, a foreign national person can purchase a maximum of 30 hectares (300 acres) of immovable property and have limited real rights. This figure can be doubled at most by the decision of the President. Thus, foreign natural persons may acquire immovable property in Turkey Ministers maximum of up to 60 hectares by the Council.

• It is not possible for foreigners to acquire and rent real estate in military prohibited areas and security zones. While the Land Registry Directorates previously asked whether the relevant real estate was located in prohibited areas and security zones and awaited an answer to the authorized command, this procedure was abolished after the military prohibition and security measurements in 71 provinces were completed. However, if the province where the real estate is located is in one of the 10 provinces where the measurement of military prohibition and security zones has not ended, the procedure should be executed.

• Foreign nationals are not allowed to hold up to 10% of the district face subject to private property and may have limited real rights.