Acquising real estate in Turkey and Legal Process

October 10, 2023
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This is the trajectory and explanatory of foreigners’ guides in the Republic of Turkey. The primary purpose of this guide is to provide information on how foreigners can acquire real estate in the Republic of Turkey and how they can acquire Turkish citizenship with such an investment.

A. LEGAL BASIS
Property of foreigners in Turkey is regulated by the Land Registry Law No. 2644 (“TK”). Turkish Citizenship Training Law No. 5901 Regulations on the implementation of the regulations regarding the performance of the Turkish Citizenship legislation. “Reforms to surpass the Turk” published in the Official Gazette dated 19.09.2018 and numbered 106.

B. LEGAL ADVICE SERVICES
Our legal consultancy services regarding real estate and Turkish citizenship in Turkey are given under 5 (five) main headings as follows:

I. ISSUING A POWER OF ATTORNEY
According to the legal consultancy service to be provided, a power of attorney is issued on behalf of the client, which includes the authorization to purchase real estate and apply for Turkish citizenship. Then, at the appointment received from the relevant Turkish Consulate, the necessary documents are delivered, and a power of attorney with a data matrix is approved and issued. This QR code in the power of attorney and the original power of attorney can be obtained from any notary public in the Republic of Turkey without the need to send it physically.

II. PREPARING A BRIEF LEGAL EXAMINATION REPORT ON Immovable
Property
Following the issuance of a power of attorney, if any of our clients decide to acquire immovable property in the Republic of Turkey, a legal review report is prepared to inform our clients about whether there are any restrictions on the immovable, whether the zoning status of the immovable reflects the truth and whether it has any responsibility in terms of property tax. If it is decided to
acquire the immovable property after the legal examination report, the application procedures regarding the acquisition of the immovable property are carried out. After the preparation of the short legal review report, real estate sales transactions are carried out by us with the client’s approval.

III. TRANSACTIONS REGARDING THE SALE OF PROPERTY

1. PREPARATION OF PRE-SALE AGREEMENT

If the client decides to purchase the immovable as a result of the short legal review report, the pre-sale contract regulating the rights and obligations of the buyer and the seller is negotiated with the owner and his authorized representative. This pre-sale contract obliges the seller to perform the title deed transactions and protects the buyer.

2. PRE-APPLICATIONS

Following the conclusion of the pre-sale contract, the owner of the immovable or its authorized representative must make a preliminary application to the Land Registry Directorate.
In case the seller is a Turkish citizen, the e-government portal (http://turkiye.gov.tr) or the online appointment system of the Land Registry Directorate (https://randevu.tkgm.gov.tr/) or “181” or “+ A preliminary appointment can be made by calling 90 (312) 593 99 00” (from abroad).

3. PREPARATION OF REQUIRED DOCUMENTS
After the appointment is scheduled by the Land Registry Directorate, it is obligatory to be present with the following documents on the appointment date.

These are as follows;
1. Title Deed (to be provided by the seller),
2. Photocopy of the Buyer’s Passport (with notarized translation),
3. “Current Value Statement of the Property” (provided by the seller from the relevant municipality),
4. Real Estate Valuation Report (obligatory to be obtained from authorized institutions – immovable properties of 250,000 USD or more are eligible for naturalization),
5. Compulsory Earthquake Insurance Policy (to be provided by the seller),
6. 1 (one) Seller’s Photograph / 2 (two) Buyer’s Photograph (6×4 size must have been taken within the last six months),
7. Identity Information Declaration Form (to be filled by us on behalf of the client),
8. Power of Attorney containing the authority to purchase real estate.
9. Original receipt (In case of real estate acquisition for the purpose of obtaining Turkish citizenship, it is necessary to prove that at least $250,000 has been transferred from the buyer to the seller.)

4. TRANSFER OF IMMOVABLE PROPERTY

On the date and time of the appointment;
• Documents of the seller and the buyer or their authorized persons are submitted,
• The sales contract is concluded by both parties in the presence of the land registry officer,
• The property is registered in the name of the buyer,
• The official title deed is delivered to the buyer.
We would like to point out that if the immovable is purchased for Turkish citizenship, a 3-year annotation/commitment is given. In addition, a written confirmation letter (certificate of conformity) to the Ministry of Environment and Urbanization is requested for the suitability of the said investment for the purpose of Turkish citizenship. A letter of approval is received from the Ministry of Environment and Urbanization within 1 (one) week at the latest, and the Turkish citizenship application process begins.

C. APPLICATION FOR RESIDENCE PERMIT FOR CITIZENSHIP
PURPOSE

If the immovable property is acquired for Turkish citizenship, a purposeful residence permit application for Turkish citizenship is made as a prerequisite for Turkish citizenship application. Necessary information and documents are prepared within 3 (three) days, and this residence permit is obtained.

D. APPLICATION FOR TURKISH CITIZENSHIP
Pursuant to the above-mentioned Law and Regulation, foreigners who purchase real estate worth at least 250.000 USD or equivalent in Turkish Lira can apply for Turkish citizenship, provided that an annotation stating that the real estate will not be sold for three years is added to the title deed. Necessary information and documents are prepared by us for the foreigner who meets these
requirements, and the Turkish citizenship application is submitted by us. It will take 3 (three) – 6 (six) months. It should not be forgotten that the spouse and child of the foreigner under the
age of 18 also have the right to apply for Turkish citizenship. If the application is approved, it is deemed to have acquired Turkish citizenship. Subsequently, the client is invited to Turkey for the issuance of a Turkish passport and registration of identity and fingerprints.

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