How does a foreigner buy a house in Turkey?
2644 numaralı Tapu Kanunu’nun 35. maddesine göre yabancı uyruklu kişiler, yasal sınırlamalara uymak kaydıyla Türkiye’den ev satın alabilirler. Yabancıların gayrimenkul satın almaları için Türkiye’de oturum iznine sahip olmaları gerekmemektedir. İlgili kanunun 35. maddesinde yabancıların ev alması için getirilen sınırlamalara şu ifadelerle yer verilmiştir:
“Kanuni sınırlamalara uyulmak kaydıyla, uluslararası ikili ilişkiler yönünden ve ülke menfaatlerinin gerektirdiği hallerde Cumhurbaşkanı tarafından belirlenen ülkelerin vatandaşı olan yabancı uyruklu gerçek kişiler Türkiye’de taşınmaz ve sınırlı ayni hak edinebilirler. Yabancı uyruklu gerçek kişilerin edindikleri taşınmazlar ile bağımsız ve sürekli nitelikteki sınırlı ayni hakların toplam alanı, özel mülkiyete konu ilçe yüz ölçümünün yüzde onunu ve kişi başına ülke genelinde otuz hektarı geçemez.”
What do foreigners who want to buy a house in Turkey need to know?
Foreign nationals who want to buy a house in Turkey should obtain the following information before the sale process:
- It is necessary to find out which country’s citizens can buy real estate in Turkey by applying to the General Directorate of Land Registry and Cadastre (Foreign Affairs Department), Land Registry Directorates or Embassies/Consulates of the Republic of Turkey.
- It is necessary to confirm that the residence to be purchased is not within the borders of the military security zone. This information can be obtained by asking the authorized command by the Land Registry Directorate. If the real estate is within the borders of the security zone, it is not possible to sell houses to foreigners.
After obtaining information about the restrictions imposed on the purchase of real estate by foreigners in Turkey, the sale can be made.
What are the procedures that foreigners need to perform when buying a house?
Foreign nationals who want to buy a house in Turkey must first make an appointment in order to carry out the title deed transfer process. Online appointments can be made through the Land Registry Appointment System of the General Directorate of Land Registry and Cadastre. Appointments can be made by calling 181 in the country and +90 312 593 99 00 from abroad. The documents required for real estate sales to foreign nationals are as follows:
- real estate deed
- Identity document or passport (Translation of these documents can be requested if necessary.)
- Real estate market certificate obtained from the municipality
- Compulsory Earthquake Insurance (DASK) policy
- Real estate valuation report
It is also necessary to obtain a real estate appraisal report. The real estate valuation report is considered valid for 3 months from the date it is issued. The appraisal report, which indicates the value of the real estate in the period to be purchased, must also be recorded in the online TAKBİS system of the General Directorate of Land Registry and Cadastre.
If the power of attorney is to be processed, the original and certified copy of the power of attorney issued abroad is required.
If one of the parties does not speak Turkish, it is obligatory to make the transactions with a sworn translator.
What are the things that foreign nationals need to pay attention to when buying a house?
The issues that foreign nationals who want to buy real estate in Turkey should pay attention to are as follows:
- Find out if the home to be purchased has a condition that prevents sale, such as a mortgage or foreclosure. This information can be obtained from the General Directorate of Land Registry and Cadastre.
- An agreement must be concluded with an intermediary company whose reliability is ascertained.
- In the event of a dispute between the parties regarding the sale of real estate, it is necessary to file a lawsuit in the courts of the Republic of Turkey.
- Concluding a preliminary sale contract in the presence of a notary is not enough for sales. Official transactions must take place at the land registry offices.
- The title deed fee to be paid in the purchase of a home is paid by both the buyer and the property owner.
