Abstract
This article examines the statutory restrictions affecting foreign acquisition of immovable property in Türkiye. It distinguishes foreign natural persons, overseas companies and Turkish companies with foreign capital, and considers nationality conditions, quantitative limits, military and security areas, project obligations and liquidation risks. The Constitutional Court decisions cited in the text are considered against the development of the statutory regime. The analysis emphasises that a valid title deed does not establish a particular buyer's eligibility. Transaction planning must connect the identity of the acquirer, the location and character of the property, and the proposed ownership and use arrangements.
Introduction
For a foreign buyer, the fact that a property has a valid Turkish title deed does not necessarily mean that the buyer is legally entitled to acquire it.
The first legal question is the buyer.
The second is the property.
Only after both have been examined should the transaction structure be treated as secure. Turkish law permits qualifying foreign natural persons to acquire real estate, but that right is subject to nationality rules, quantitative limitations, military and security restrictions, special rules for undeveloped land and separate regimes for companies.
These restrictions are principally found in Articles 35 and 36 of Land Registry Law No. 2644, Tapu Kanunu, together with Law No. 2565 on Military Forbidden Zones and Security Zones and the implementing regulations and circulars maintained by the General Directorate of Land Registry and
Cadastre, TKGM.1
For foreign investors, the practical point is straightforward. A property transaction should be reviewed for acquisition eligibility before the buyer signs a binding agreement or transfers a substantial deposit.
Article 35 Does Not Give Every Foreigner an Unrestricted Right to Buy Property
Article 35 permits foreign natural persons who are nationals of countries determined within the statutory framework to acquire immovable property and qualifying limited rights in rem, subject to legal restrictions.2
This does not mean that every foreign nationality is treated identically. The applicable nationality and acquisition conditions are determined within the statutory framework and implemented through TKGM's land-registry system.
TKGM's official materials explain that the eligible-country and condition information is incorporated into the administrative system used by land-registry offices.3
For this reason, nationality should be checked at the beginning of the transaction. A foreign buyer should not rely solely on the fact that another person with a different nationality previously purchased property in Türkiye.
Reciprocity Was Removed in 2012
One of the most significant changes in Turkish foreign-property law occurred through Law No. 6302 of 2012. Before that reform, reciprocity, or mütekabiliyet, played a central role in determining whether foreign natural persons could acquire Turkish real estate.
Law No. 6302 removed the general reciprocity requirement from Article 35. The current approach therefore does not ask, as a general condition, whether Turkish citizens enjoy equivalent property-acquisition rights in the foreign buyer's home country.4
That does not make nationality irrelevant. The current system instead authorises acquisition by nationals of countries determined under the statutory framework and allows the President to impose restrictions where national interests require them.
Constitutional Court: The 2012 Regime Survived Constitutional Review
The removal of reciprocity and the broader 2012 structure were challenged before the Turkish Constitutional Court.
Constitutional Court E. 2012/75, K. 2013/88, 10 July 2013
The challenge concerned provisions introduced by Law No. 6302, including the revised framework governing acquisition by foreign natural persons. Among the arguments raised were objections to removal of reciprocity, expansion of foreign acquisition rights and the authority given to the executive regarding limitations.
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Footnotes
1. Land Registry Law No. 2644, particularly Articles 35 and 36, as amended by Law No. 6302. TKGM official statutory text and foreign-property transaction guidance.
2. Land Registry Law No. 2644, particularly Articles 35 and 36, as amended by Law No. 6302. TKGM official statutory text and foreign-property transaction guidance.
3. General Directorate of Land Registry and Cadastre, Taşınmaz Hukukunda Yabancılara İlişkin Mevzuat, TKGM Yabancı İşler Dairesi Başkanlığı, Publication No. 1, 2021, including the official explanation of nationality and acquisition restrictions.
4. Land Registry Law No. 2644, particularly Articles 35 and 36, as amended by Law No. 6302. TKGM official statutory text and foreign-property transaction guidance.
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.
