Legal assistance when purchasing real estate in Turkey

Purchasing real estate in Turkey requires careful legal due diligence at every stage of the transaction. The services of a qualified real estate lawyer play a key role in ensuring the legal purity of the transaction and protecting the interests of the buyer. It is important to take into account such aspects as ownership, legality of documents, encumbrances, as well as compliance with Turkish legislation.

What are the first actions after selecting an object?

As noted, the key step before concluding a transaction is to check the “cleanliness” of the property. This will allow you to avoid delays in the transaction, its failure or violation of the law. Our lawyers conduct a full inspection of the property using all state registers and documents, certifying the legality of the sale, the absence of outstanding debts (mortgage, arrests), tax debts, encumbrances and other things. The existence of third party rights to property is also analyzed.

According to the Legislation of the Republic of Turkey (Law No. 2644 on the registration of real estate rights and land management), all real estate, including residential and commercial, must be registered with the Cadastral Office. The lawyer checks the legality of their registration, as well as the availability of all necessary permits.

What are the risks when purchasing new buildings from a developer and investing in construction?

When purchasing real estate under construction or investing in new buildings, it is especially important to carefully check the developer. A real estate lawyer will check the following aspects:

• Registration with the Cadastral Office - availability of rights to the site where construction is planned or underway.
• Certification of the object - the presence of an appropriate certificate confirming that the developer has passed all the necessary stages of certification and complies with the requirements of building codes.
• Building permit - checks whether official permission has been issued for the construction of the facility.

It is important to remember that the Construction Act (Law No. 3194) in Turkey obliges developers to obtain all necessary permits to begin construction, and failure to comply with these requirements may lead to legal consequences for the buyer.

Can foreigners buy property in Turkey?

Yes, foreign citizens have the right to buy real estate in Turkey. Türkiye is open to foreign investors, and it is one of the attractive destinations for citizens of other countries, including Russia, Ukraine, European Union countries and others. According to the Turkish Real Estate Law (Law No. 2644), individuals and companies with foreign capital can purchase real estate in Turkey, but with a number of restrictions regarding the type and size of the plot.

Also, a foreign buyer can apply for Turkish citizenship if the real estate purchase amount is at least 400,000 US dollars according to the cadastre.

To complete the transaction, a foreign buyer will need:

• Tax number.
• Passport.
• Expert assessment of real estate (from 06/13/2024 is mandatory only when purchasing to obtain citizenship).

Our company's lawyers can help you not only with the legal side of the transaction, but also with the preparation of the necessary documents for obtaining citizenship.

How do you pay for the purchase of real estate?

Turkish legislation provides for several payment options when purchasing real estate:

• Transfer funds to the seller's bank account (the safest payment method).
• Cash transfer.
• Transfer of funds from a foreign bank account.

Usually the transfer is carried out through a Turkish bank, which allows you to document the fact of payment and the purpose of the payment. In the case of foreign buyers, it will be necessary to exchange currency (Euros or dollars) into Turkish lira. To do this, the buyer must obtain a certificate of currency exchange - DAB (certificate of sale of foreign currency), which is issued by the bank, and also directly sends information about the transaction to the Cadastral Department. This procedure is necessary to establish the equivalent of the cadastral value of real estate in Turkish lira.

Does the buyer have to be present when completing the transaction?

No, the presence of the buyer when completing the transaction is not mandatory. This question often worries those who cannot stay in Turkey permanently. In this case, the buyer can issue a power of attorney to our lawyer, who will represent his interests, draw up all the necessary documents and conduct the purchase process on behalf of the client.

A power of attorney is executed in notarized form and gives the lawyer the authority to act in the interests of the buyer, including signing contracts, registering property rights and other actions. This allows the client to avoid wasting time and quickly complete the transaction. Important!The power of attorney for any actions with real estate must include a photograph of the principal.

Legal support when purchasing real estate in Turkey will help you avoid risks associated with property rights, encumbrances and other possible legal problems. By attracting qualified specialists, you can minimize all potential risks and carry out a safe and profitable transaction.

If you want to get advice on buying real estate in Turkey or supporting a transaction, you can contact our real estate lawyers. We will provide you with support at every stage of the transaction, from choosing an object to receiving Tapu.