Real Estate, Turkish Citizenship | Citizenship Law | Izmir Law Firm
Published in the Official Gazette on April 11, 2013 and entered into force. Law on Foreigners and International ProtectionAccording to Article 31 of the law, foreigners who own real estate in Türkiye can obtain a one-year short-term residence permit. This permit will be renewed annually as long as the property is not sold. According to Article 42 of the law, foreigners who reside in Türkiye continuously for eight years with a residence permit will be granted an indefinite residence permit.
Foreign nationals are granted the right to acquire Turkish citizenship through exceptional procedures if they purchase real estate worth 250,000 USD or more. To qualify, foreigners must purchase real estate valued at 250,000 USD. In their citizenship application, foreigners must state that they are purchasing the property for this purpose. This purpose must also be stated in the title deed during the purchase process. Additionally, the property must not be sold for three years after purchase; in other words, the foreign national purchasing the property must declare that they are doing so to obtain citizenship and will not sell it for three years.
Once the title deed procedures are completed, the foreign national can apply for a residence permit by submitting a document called a "property owner's eligibility certificate" to the relevant administrative authority. This application can only request a residence permit or citizenship.
Things to Consider for Those Who Want to Buy Real Estate in Türkiye
- In Türkiye, real estate transactions are conducted at the Land Registry Office. Transactions not completed at the Land Registry Office are legally invalid. Therefore, we advise foreigners purchasing real estate to pay the sale price at the Land Registry Office when signing the title deed. A total of %4 (%2 for the buyer and %2 for the seller) will be paid as fees for purchasing real estate. These rates are calculated based on the sale price of the property.
- If the title deed for the property to be purchased cannot be obtained immediately, or if the property is to be purchased from a project, we strongly recommend that a real estate sales promise agreement be drawn up at a notary public. A real estate sales promise agreement made at a notary public will give the buyer the right to apply to the court to have the property transferred to their name if the title deed is not issued later. After the real estate sales promise agreement is made at the notary public, it must be taken to the Land Registry Office and registered in the land registry. Once the agreement is registered in the land registry in this way, the seller can no longer sell the property they sold to a foreign buyer to any third party. If they do sell it, the person who first registered the real estate sales promise agreement in the land registry can apply to the court to request the registration of the property in their name. A real estate sales promise agreement must be drawn up at a notary public, and in this case, notaries charge a fee of 5.4 per mille of the sale price.
- If the title deed for the property to be purchased cannot be obtained immediately, or if a notarized sales promise agreement cannot be drawn up, a written contract must be made between the buyer and seller. This contract must include complete information about the property being purchased, the sale price, payment terms, etc. A written contract between the parties will not have the same legal effect as a notarized sales promise agreement. Therefore, we recommend insisting on a notarized sales promise agreement. These contracts cannot be registered in the land registry, and if the property is not transferred to you, you cannot apply to the court to demand its transfer. You will only have the right to request a refund of the money you paid.
- Before making any payment, you should examine the title deed of the property to be purchased and ascertain whether there are any liens, mortgages, or restricted real rights on it. In addition, you should investigate the current zoning status of the property and whether it is located in military or security zones. Purchasing land in military or security zones is legally prohibited for foreigners.
To receive legal advice from our expert team, please contact us. Contact page.
Here are some similar works that might interest you:;
- Acquisition of Turkish Citizenship by Birth
- Obtaining Turkish Citizenship by Purchasing Real Estate
- Work Permit for Foreigners
- Required Documents for Foreign Personnel Work Permit
- Criteria for Evaluating Work Permits for Foreign Personnel
- Obtaining Power of Attorney Abroad
- Deportation of Foreigners
- Extension of Residence Permit
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