INTRODUCTION
Article 35 of the Land Registry Law No. 2644: "Foreign real persons who are citizens of countries determined by the President of the Republic in terms of international bilateral relations and in cases where the interests of the country require it, may acquire immovable property and limited real rights in rem in Türkiye, provided that the legal limitations are complied with. The total area of immovables and limited real rights in rem of independent and permanent nature acquired by real persons of foreign nationality may not exceed ten percent of the area of the district subject to private property and thirty hectares per person throughout the country." It includes the provision. Accordingly, the procedures and principles for the sale of real estate to foreign real persons will be examined below.
A. Required Documents
- Title Deed Document of the immovable or village/neighborhood, island, parcel, building, independent section information
- Passport copy and notarized translation. (If nationality information is not available, an apostilled and notarized translation of a document containing nationality, e.g. birth certificate, ID)
- "Real Estate Fair Value Certificate" of the immovable obtained from the relevant Municipality
- Compulsory earthquake insurance policy
- Power of Attorney
- Foreign Currency Purchase Certificate
- Real Estate Appraisal Report (If Citizenship Acquisition is Available)
- Receipt of Payment of the Sale Price to the Seller (If Citizenship Acquisition is Available)
B. Application Process
Applications can only be made through WebTapu, the website of the General Directorate of Land Registry and Cadastre. The seller applies online and scanned copies of the documents listed above are uploaded to the application file. An application number is assigned by the relevant Land Registry Directorate. It takes an average of 1 week to review and process the documents. If there is a missing document as a result of the documents examined, the applicant is informed via SMS to complete the deficiency. When all documents are ready, the applicant is notified via SMS about the title deed fee and signature appointment. After the fees are paid, the signature process is completed by going to the Land Registry Directorate on the signature date with the original documents.
C. Real Estate Valuation Report
Real Estate Valuation Report is obtained through Webtapu through Gayrimenkul Değerleme A.Ş. and is used for the real value calculation of the real estate. Immovable properties with a valuation result below 400.000-USD cannot be subject to citizenship acquisition. As of 2025, foreigners who do not intend to acquire citizenship are not required to obtain a valuation report, and only foreigners who will acquire citizenship are required to obtain a valuation report. Valuation reports are valid for 3 months from the date of receipt. The sale price of the immovable cannot be less than the price resulting from the valuation report.
D. Foreign Currency Purchase Certificate
Pursuant to the "Capital Movements Circular" of the Central Bank of the Republic of Türkiye and Article 13 of the Capital Movements Circular and the Implementing Instructions on Foreign Currency Sales to the Central Bank of the Republic of Türkiye within the Scope of the Regulation on the Implementation of the Turkish Citizenship Law, foreigners are obliged to exchange foreign currency to the Central Bank in transactions where they are buyers. All foreign real persons who will purchase real estate, whether or not for the purpose of acquiring citizenship, are required to obtain a Foreign Currency Purchase Certificate. Circular No. 2022/1 of the Ministry of Environment, Urbanization and Climate Change explains the procedures and principles.
To summarize briefly; the foreign real person who will purchase real estate must obtain a potential tax number from the tax authorities and open an account at a bank located in Türkiye. The money brought from abroad in foreign currency is sold to the Central Bank through this bank and its Turkish lira equivalent is taken into account. As a result of this transaction, the bank will issue a Foreign Currency Purchase Certificate indicating the title deed information such as province, district, neighborhood, name, parcel and independent section number of the immovable to be purchased and the amount of foreign currency sold to the Central Bank. This document is sent by the bank to the Land Registry Directorate where the application is made via the KEP system. It is important to note that the amount written on the Foreign Currency Purchase Certificate is the value based on the fee and this amount constitutes the sales price to be declared in the title deed.
If there is no citizenship acquisition, only the Foreign Currency Purchase Certificate is sufficient. However, if the acquisition of citizenship is available, the original signed and stamped receipt containing the real estate information that the Turkish Lira received in exchange for the foreign currency sold to the Central Bank is transferred to the Seller's bank account must be submitted to the Land Registry Directorate during or after the signature process. Otherwise, it will not be possible to acquire citizenship as the 20-a (application for a commitment not to sell the immovable for 3 years) and the compliance application of the Land Registry Office cannot be realized.
E. Signature Procedure and Title Deed Transfer
After the completion of the documents and procedures described above, the Land Registry Office calculates the fee and sends it to the applicant via SMS. This fee is 4% of the sale price of the immovable. After the fee is paid, a signature date is given and the parties go to the relevant Land Registry Office with the original documents and complete the signature process. After the signature process, the title deed is transferred on the same day and the buyer receives the title deed.
WITH REGARD TO FOREIGN LEGAL ENTITIES
Article 36 of the Land Registry Law No. 2644 regulates the acquisition of real estate in Türkiye by foreign legal entities.
A. Acquisition of Real Estate in Türkiye by Foreign Companies
Commercial companies established under the laws of foreign countries and having legal personality may acquire real estate and limited real rights in Türkiye only if there are special regulations in certain laws. These special regulations include the Turkish Petroleum Law, the Tourism Encouragement Law and the Industrial Zones Law.
In addition, foundations, associations, cooperatives, societies, communities and similar legal or non-legal entities established in foreign countries in accordance with their own legislation cannot acquire immovable property in Türkiye or establish limited real rights in their favor.
B. Status of Companies Established in Türkiye
Companies with legal personality operating in Türkiye may acquire real estate and limited real rights within the framework of the fields of activity specified in their articles of association. However, a company must meet at least one of the following conditions in order to be considered as a company with foreign capital:
- 50% or more foreign shareholding (except for Turkish citizens and persons within the scope of Article 28 of the Turkish Citizenship Law No. 5901),
- Having the power to appoint or dismiss the majority of those with management rights.
C. Military Prohibited Zones and Special Security Zones
Without prejudice to Law No. 2565 on Military Prohibited Zones and Security Zones, the acquisition of real estate by companies with foreign capital is reviewed by the governorates. The governorates contact the land registry offices directly to determine whether the immovable property the company wishes to purchase is located within military exclusion zones, military security zones or strategic areas. Land registry offices must respond to this review within a maximum of three business days.
For immovable properties located in special security zones, prior permission must be obtained from the relevant governorate.
D. Obligation of Authorization Certificate for Foreign Capital Companies
Companies with foreign capital must submit an authorization document showing the company officials and their signature authorities in their real estate acquisition applications. In this document
- The authorization to acquire immovable property should be clearly stated,
- Identity information of company officials should be included,
- Must have been issued in the relevant year.
If the foreign capital company is considered to be within the scope of Article 36 of the Land Registry Law No. 2644, the authorization document must include the phrase "foreign capital company within the scope of Article 36 of the Land Registry Law No. 2644" and the company must apply to the Provincial Directorate of Planning and Coordination of the Governorate with the necessary documents.
The authorization certificate of companies with foreign capital that are not within this scope should include the phrase "foreign capital company outside the scope of Article 36 of the Land Registry Law No. 2644". In this case, companies are considered as companies with domestic capital and title deed transactions are carried out directly by the title deed directorates.
E. Illegal Acquisitions
Companies with foreign capital outside the scope of Article 36 of the Land Registry Law No. 2644 may acquire real estate and limited real rights in rem in accordance with the legislation applicable to domestic companies. However, immovables and limited real rights acquired in violation of the law shall be liquidated within the period determined by the Ministry of Treasury and Finance.
If not liquidated at the end of the period, the immovable or real rights are transferred for a price and the amount obtained is paid to the relevant right holder.
Finally, commercial companies with legal personality established in foreign countries in accordance with their own legislation may acquire immovable property only if there are special provisions in the relevant laws. It is not possible for legal entities other than these commercial companies to acquire immovable property and establish limited real rights in their favor.
F. Governorate Permission
The companies that need to obtain permission from the Governorate of the province where the immovable is located before applying to the Land Registry Office for sale are as follows;
- Companies with more than 50% foreign shareholders
- Companies in which more than 50% of the share capital is held by non-residents, but in which the company has the power to appoint or dismiss the majority of the directors (articles of association to be reviewed)
- In the case of subsidiaries, the dominant status of the partner subject to Law No. 4875, who is a partner in the company in question, is examined. (In other words, if it is a partner within the scope of Articles 1 and 2 above, the subsidiaries are subject to permission).
The documents required for the applications to be made to the Governorate are as follows;
- Application petition
- Example of coordinated diameter of the immovable property
- Copy of the encumbered title deed of the immovable
- Certificate of activity obtained from the registered trade registry office
- FINAL STATUS CERTIFICATE showing the authorized signatory of the Company obtained through MERSİS.
- FINAL STATUS CERTIFICATE showing the shareholders and share ratios of the Company obtained through MERSİS
- Letter of Undertaking
- Articles of association in companies where the share of a foreign shareholder is below 50% and the foreign shareholder has the authority to appoint or dismiss the majority of the company's directors.
Following the application to the Provincial Planning and Coordination Directorate of the Provincial Governorate where the immovable is located with these documents, a letter of conformity is issued after the examination made by the Governorate.
G. Sale Transaction
Following the above-mentioned principles and the issuance of a certificate of conformity by the governorship, the application process is carried out with the authorization certificate obtained from the land registry office, the signature circular of the company official, the power of attorney if there is a proxy, and other documents required for real person sales. The process works and concludes in the same way as the procedure described for real person applications.
CONCLUSION
The acquisition of real estate in Türkiye by foreign natural and legal persons is subject to restrictions determined in accordance with both national interests and international relations, and requires a detailed and careful procedure. In accordance with the information provided in this guide, foreign individuals wishing to acquire real estate must submit a complete set of required documents through the WebTapu system, obtain a foreign currency purchase certificate, obtain a real estate appraisal report where necessary, and complete the title deed procedures. When the purpose is to obtain citizenship, it is of great importance that additional documents and procedures are carried out with the utmost care.
For foreign legal entities, acquisition is regulated more restrictively under Article 36 of the Land Registry Law, and permission is granted only to companies operating in specific sectors; the acquisition of real estate by foreign-capital companies is subject to the approval of the Governor's Office, taking into account their capital structure and management control. In cases of unlawful acquisition, the liquidation of the relevant real estate is envisaged, and such violations of the legislation may result in serious penalties.
In conclusion, for foreign individuals or legal entities seeking to acquire real estate in Türkiye, it is essential to carefully assess each specific case in light of the relevant legal regulations and to conduct the application process with the support of expert consultancy services. This will ensure that the procedures are completed swiftly and that any potential legal risks are prevented in the future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
