ΕλληνικάOwnership is created at the registry, not in the contract
The single most consequential feature of Turkish property law for a foreign buyer is that ownership passes on registration at the Land Registry and not on signature of a sale contract. A private agreement, a deposit receipt, a developer’s reservation form and a notarized undertaking to sell are all capable of creating contractual rights against the seller. None of them makes the buyer the owner.
Foreign buyers frequently arrive at this point having already paid a substantial deposit against a document they were told was binding. It may well bind the seller. It does not transfer the property, and it does not protect against a competing registration or a defect discovered later in the title. The practical rule is that money should follow the checks, not precede them.
Who may buy
Türkiye abolished the former general reciprocity requirement for the acquisition of real estate by foreign natural persons in 2012. However, the right to acquire real estate is not unrestricted for nationals of all countries.
Under Article 35 of the Turkish Land Registry Law No. 2644, eligibility is determined by reference to countries designated by the President. The same provision allows further restrictions to be imposed, or acquisitions to be partially or completely suspended or prohibited, by reference to country, person, geographical area, period, number, ratio, type, nature, surface area or amount.
The buyer’s eligibility should therefore be confirmed under the rules applicable at the time of the transaction. Fixed figures for the number of eligible countries circulate widely, but they are not the legal rule and are subject to change.
The limits that apply to foreign buyers
Certain limits apply irrespective of the buyer’s means, and each is capable of preventing registration after a contract has been signed.
A foreign individual may hold no more than thirty hectares of property in Türkiye in total, taken across all holdings rather than per transaction. Foreign ownership may not exceed ten per cent of the private land area of any single district, which means a purchase can be blocked by the aggregate position of other foreign owners in that district rather than by anything about the buyer.
Military and security areas
Before the transaction it should be confirmed whether the property is located within a military, security or other restricted area. The restrictions applicable to military prohibited zones, military security zones and strategic areas continue to apply under Article 35 of the Land Registry Law, and additional procedures, including permission from the relevant governorate, may apply in special security zones.
Under the current system the maps and coordinates of restricted areas are transmitted to the land registry authorities, and registry transactions are conducted on the basis of that information. The applicable procedure therefore depends on the legal status and location of the property and, in certain cases, on the nature of the purchaser. There is no general two or three month military clearance procedure applicable to every foreign buyer.
A separate regime applies under Article 36 to foreign-capital companies incorporated in Türkiye. The procedures applicable to such companies should not be conflated with those applicable to foreign natural persons.
The valuation report
A valuation report prepared by a licensed appraiser is required for certain transactions involving foreign buyers. It is a distinct concept from the property-tax value and does not automatically determine the sale price or the tax base for the title deed fee. The report has a limited validity period, so its timing in relation to the registry appointment matters.
Fees and property-tax values
For ordinary real estate transfers the title deed fee is generally charged at two per cent to the purchaser and two per cent to the seller, four per cent in total, and is calculated on the declared transfer price provided that it is not lower than the applicable property-tax value.
The statutory allocation of the fee should be distinguished from the contractual allocation of the economic burden. The parties may agree that one of them will bear all or part of the cost, but such an agreement does not alter the statutory tax liability.
A specific legal framework applies to property-tax values for 2026. Under the applicable transitional provision, the property-tax values calculated on the basis of the land and plot unit values determined for 2026 are capped at three times the relevant 2025 values. It would therefore be wrong to describe the 2026 adjustment as a single uniform percentage increase; the current property-tax value of the particular property should be confirmed before transaction costs are calculated.
Buyers should also budget for the recurring position after purchase, including annual property tax, compulsory earthquake insurance and, where the property is let, income tax on the rent.
Buying without travelling to Türkiye
A foreign buyer need not attend the registry in person. The transaction can be completed by a representative acting under a notarized power of attorney. Where the power of attorney is executed abroad it must be prepared in the correct form, apostilled or legalized according to the country of execution, and translated by a sworn translator in Türkiye.
The power of attorney should be drafted narrowly, authorizing the specific transaction and no more.
Residence and citizenship
The acquisition of real estate does not by itself automatically confer a right of residence or Turkish citizenship.
The acquisition of a qualifying residential property may, subject to the applicable statutory conditions, provide a basis for applying for a short-term residence permit. Under current administrative practice the acquisition value must be at least the equivalent of USD 200,000 in Turkish lira as at the date of acquisition, and the property must be residential and used for residential purposes.
The real estate investment route to Turkish citizenship is a separate regime. The current threshold is USD 400,000, together with a three-year restriction on the transfer of the qualifying property and other statutory requirements. The citizenship route also requires additional checks concerning the nature of the property, the payment documentation and the acquisition and transfer history of the property.
It would not be accurate to say generally that a property previously sold to a foreigner cannot be used for citizenship. The current rules contain specific restrictions concerning previous owners and chains of transfers; in particular, certain second-hand properties transferred from foreign natural persons, or from persons who acquired Turkish citizenship through the investment route, to Turkish citizens or Turkish companies may be subject to a three-year look-back restriction.
The USD 400,000 threshold should not be assessed merely by reference to the contractual sale price. Citizenship-related acquisitions are subject to specific rules on payment, foreign-currency conversion and official documentation, so the transaction should be structured to comply with those requirements from the outset. Where a purchase is intended to support a citizenship application, the title history and previous transfer chain should be reviewed as well as the price.
A reasonable sequence
The order in which the steps are taken determines how much exposure the buyer carries. A workable sequence begins with confirming the buyer’s eligibility and obtaining a Turkish tax identification number, then examining the title at the registry for the true owner, mortgages, charges, annotations and any construction servitude, then confirming whether the property lies in a restricted area and the position against the district limit, then checking the zoning position and the occupancy permit, then obtaining the valuation where required, and only then signing and paying. Where citizenship is the objective, the title history should be reviewed at the same stage.
Where a deposit is unavoidable before that work is complete, it should be held on terms that allow recovery if the checks fail.
Frequently asked questions
Do I need to live in Türkiye to buy property there? No. Turkish law places no residence requirement on a foreign purchaser. Ownership and residence are separate questions.
I have signed a contract and paid a deposit. Am I the owner? It binds the seller to the extent of its terms, but it does not make you the owner. Ownership passes only on registration of the transfer at the Land Registry.
Can nationals of any country buy? The general reciprocity requirement was abolished in 2012, but the right to acquire is not unrestricted for all countries. Eligibility is determined by reference to countries designated by the President and should be confirmed before the transaction.
Do I need military clearance? There is no general two or three month military clearance procedure applicable to every foreign buyer. The applicable procedure depends on the location and legal status of the property, and the position should be confirmed before the transaction.
What is the title deed fee? Generally two per cent to the purchaser and two per cent to the seller, four per cent in total, calculated on the declared transfer price provided it is not lower than the applicable property-tax value.
Does buying property give me residence or citizenship? Not automatically. Acquiring a qualifying residential property worth at least the equivalent of USD 200,000 may support an application for a short-term residence permit. Citizenship is a separate regime with a current threshold of USD 400,000 and a three-year transfer restriction.
Contact OIKONOMAKIS LAW, in collaboration with Av. Arb. Necmiye Bildirir.
leads@oikonomakislaw.com / +90 534 461 62 44
This publication provides general legal information and does not constitute legal advice on any individual matter. Turkish property law, the applicable thresholds and Land Registry practice are subject to change, and the position should be verified in relation to the specific property and buyer concerned. Assessment of a specific matter requires advice from a lawyer qualified in Türkiye.
Prepared through the collaboration of Christos Oikonomakis and Av. Arb. Necmiye Bildirir, OIKONOMAKIS LAW