What is Foreigners’ Law?
Foreigners’ law is the branch of law formed by the laws that a state or country applies to foreigners coming to a country. The foreigner is under the sovereignty of the country where he is located. It has the diplomatic protection of the state of which it is a citizen. If less rights are granted than the rights determined by the rules of the law of foreigners and international treaties, the state of which the foreigner is a citizen applies for diplomatic protection.
Acquisition of Real Estate by Foreigners in Turkey
Within the framework of harmonisation with the European Union, Law No. 4916 on the Amendment of Various Laws and the Decree Law on the Organisation and Duties of the Ministry of Finance, which enables foreigners to acquire real estate in Turkey, has reduced the existing restrictions and enabled foreigners to acquire real estate in Turkey.
“Real persons of foreign nationality may acquire immovable properties reserved and registered for these purposes within the implementation zoning plan or zoning plan, in order to use them as workplaces or residences in Turkey, provided that they are reciprocal and the legal limitations are complied with. The same conditions are sought for the establishment of limited real rights. The total area of immovables and independent and permanent limited real rights in rem that a foreign real person may acquire throughout the country may not exceed two and a half hectares. The Council of Ministers is authorised to increase the area up to thirty hectares under the conditions specified in this paragraph.
Commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries may acquire immovable property and limited real rights on immovable property only within the framework of the provisions of special laws.
The records and limitations set forth in the first and second paragraphs shall not be required in the pledge of immovable property in Turkey in favour of foreign natural persons and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries. Except for real persons of foreign nationality and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries, they may not acquire immovable property in Turkey and limited real rights may not be established in their favour.
The registrations and limitations specified in the first paragraph shall not apply to the immovable properties inherited through legal inheritance by the citizens of the states that have reciprocity with the Republic of Turkey. The registrations and limitations specified in the paragraphs above shall apply to disposals upon death. The immovable property and limited real rights acquired through legal inheritance by the citizens of states that do not have reciprocity between the Republic of Turkey and the Republic of Turkey shall be liquidated by performing the transfer procedures.
The determination of reciprocity shall be based on the legal and actual situation. In the application of this principle to the nationals of countries where the right to ownership of land is not granted to individuals, it is essential that the rights granted by the foreign state to its own citizens in the acquisition of immovable property are also granted to the citizens of the Republic of Turkey.
Real persons of foreign nationality and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries; The Council of Ministers is authorised to determine the areas where real persons of foreign nationality and commercial companies with legal personality established in foreign countries according to the laws of their own countries cannot acquire immovable and limited real rights in terms of public interest and national security in irrigation, energy, agriculture, mining, protected areas, areas that need to be protected due to their belief and cultural characteristics, special protection areas, sensitive areas that need to be protected due to their flora and fauna characteristics and strategic locations, upon the proposal of the relevant public institutions and organisations including coordinated maps and plans for registration, and to determine the ratio of the immovable properties that real persons of foreign nationality can acquire on a provincial basis, not exceeding five per thousand according to provinces and provincial surface area. The proposals of public institutions and organisations within this scope shall be examined and evaluated by the commission consisting of representatives of the relevant administration within the Ministry to which the General Directorate of Land Registry and Cadastre is affiliated and submitted to the Council of Ministers by carrying out studies within the powers granted to the Council of Ministers pursuant to this article.
The maps and coordinate values of military prohibited zones, military and special security zones and strategic zones and amendment decisions to be determined after the effective date of this Law shall be submitted by the Ministry of National Defence to the Ministry to which the General Directorate of Land Registry and Cadastre is affiliated without delay.
Notifications regarding the parcels that need to be expropriated or annotated in the land registry due to being within the regions specified in the paragraphs above shall be made by the relevant administrations to the land registry directorates.
Immovable properties and limited real rights acquired in violation of the provisions of this article, or which are found to be used in violation of the purpose of acquisition other than the legal obligation, shall be liquidated and converted into a price and the price shall be paid to the rightful owner, unless they are liquidated by the owner within the period to be given by the Ministry of Finance.”
Legal limitations on the acquisition of immovable property by foreigners:
a) A real person of foreign nationality may purchase a maximum of 30 hectares of immovable property and acquire limited real rights throughout the country.
b) The Land Registry Directorate must ask the competent command whether the immovable is outside the military prohibition and security zones and a positive answer must be obtained for the acquisition.
This procedure has been abolished in 76 provinces (EXCEPT some districts) where military prohibition and security zones measurement studies have been completed.
c) Real persons of foreign nationality may acquire immovable and limited real rights up to 10% of the area of the district subject to private property.
d) Legal limitations shall not be applied in the pledge of immovable property in favour of natural persons and commercial companies with legal personality established in foreign countries according to their own legislation.
e) Immovables acquired in violation of the provisions of the Law, which are found by the relevant Ministry and administrations to be used contrary to the purpose of acquisition, which are not applied to the relevant Ministry within the period for acquisitions with the condition of project, or whose projects are not realised within the period, are subject to liquidation provisions.
Application and the method followed:
The buyer must be a citizen of a country that can acquire immovable property and limited real rights in Turkey and fulfil the acquisition conditions.
Application:
The owner of the immovable or his/her authorised representative must make a pre-application to the Land Registry Office.
(Pre-applications are usually made before the lunch break by taking a queue number at the Land Registry Office).
If there is a deficiency in the pre-application conditions and it can be completed, the pre-application file is kept pending.
Online Application:
Citizens of the Republic of Turkey can get a queue number from (http://turkiye.gov.tr) or General Directorate of Land Registry and Cadastre (https://randevu.tkgm.gov.tr/) appointment system. In addition, ALO 181 line and our citizens calling from abroad can also make an appointment with the line number 90312.593 99 00.
Required documents:
a) Title Deed Document of the immovable or village/neighbourhood, island, parcel, building, independent section information,
b) Identity document or passport (with translation if necessary),
c) Obtaining the “Real Estate Market Value Certificate” of the immovable from the relevant Municipality,
d) Compulsory earthquake insurance policy for buildings (residence, workplace… etc.),
e) 1 photograph of the seller and 2 photographs of the buyer (within the last 6 months, 6×4 size).
f) Sworn interpreter if the party does not speak Turkish,
g) In case of a transaction with a power of attorney issued abroad, the original or certified copy of the power of attorney together with its translation.
Characteristics of the power of attorney issued abroad:
Power of attorney issued by the Embassy or Consulate of the Republic of Turkey.
Powers of attorney issued by the notaries of foreign countries in the language of the country, including the approved photograph of the person concerned, and if the power of attorney is certified in accordance with the Hague Convention dated 5 October 1961 and the certification annotation bears the French phrase “Apostille (Convention de La Haye du Octobre 1961)” in addition to the language of the country, the certification of the Turkish Consulate in that place is not required for such documents and powers of attorney and their Turkish translations.
In addition, the signature of the notary public of foreign countries that are not party to the Hague Convention dated 5 October 1961 shall be certified by the authority to which the signature of the notary public is affiliated, and the signature and seal of this authority shall be certified by the Turkish Consulate in that place in the power of attorneys issued by the notaries of foreign countries that are not party to the Hague Convention dated 5 October 1961 in the language of the country, including the certified photograph of the person concerned.
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