Property in Alanya. Ideal Estates, +90 532 777 4 777

BUYERS GUIDE

PURCHASE PROCESS

PURCHASE PROCESS FOR BUYING REAL ESTATE AS A FOREIGNER 

There is no difference between Turkish citizens and a foreign person concerning the purchase process for land registry and cadastre procedures. Presently, citizens from 184 countries may acquire real estate in Turkey.

Foreign Natural (Private) Persons;  

Purchase process for Foreign natural person, who would like to acquire real estates in Turkey:

  • Foreign natural persons may buy any real estate in Turkey where private property is allowed (residential homes, commercial workplaces, lands, etc.), providing legal limitations are observed.
  • If foreign natural persons buy unbuilt property (real estate with no built structures, such as land or fields). Then they must develop a project depending on the nature of the real estate. The project must be submitted to the relevant ministry for approval within two years. If an application has yet to be made to the ministry or the project has not been completed within two years, such real estate will be subject to expropriation.
Purchase Process for Companies with Foreign Capital

To carry out the operations specified in their articles of association, Turkish-established corporations are permitted to purchase real estate and limited rights in REMs (a type of legal action directed against property rather than a specific individual).

A corporation must possess fifty percent or more of the shares of foreign legal entities or international organizations founded under the laws of a foreign country in order to be recognized as a foreign capital company. It also needs to have the authority to nominate or remove the majority of those with managerial authority.

As long as the provisions of the Military Forbidden Zone are kept reserved. The governorships will look into the real estate purchases made by these corporations to see if they continue to operate in militarily restricted areas or security zones. The governorship conducts these inquiries in front of the appropriate registry directorate. The Land Registry Directorate gets back to you as soon as possible—three working days, max. Purchasing real estate within special security zones requires permission from the governorship of the area in which the property is situated.

To acquire real estate, companies that have foreign money must present their “certificates of authorization,” which must include a list of authorized representatives in addition to representation and binding. The approval to buy real estate must be included in the certificate of authorization. The personal data of those who are permitted to act on the company’s behalf must be included. It needs to be from the same year as the process.

 
 
For Example.

Shareholders representing 50% or more of the shareholding who are not Turkish citizens yet are established and registered with the Turkish Trade Registry (according to the applicable legislation of our country). It may be qualified as a “Company with Foreign Capital” and may acquire real estate ownership under the provisions of the legislation in force.

Purchase Process for Foreign Companies

In accordance with their respective national laws, trading companies incorporated elsewhere may acquire property and restricted rights. This is applicable only to the extent that the pertinent laws include specific provisions.

A legal entity, whether incorporated or unincorporated, can acquire real estate and hold rights in Turkey only if it is established in other nations in adherence to their legal frameworks. This includes entities such as foundations, associations, cooperatives, societies, groups, communities, etc.

For example, a business established in Germany in accordance with German laws, with shareholders who are German, French, or Turkish nationals, is recognized as a foreign company. Such a company is authorized to obtain restricted rights in real estate ownership and management (REM) within our nation, particularly for business, industrial, or tourism-related activities.

Legal Limitations

Real estate and limited rights in REM may only be purchased by nationals of the nations listed under Turkish Laws and Regulations. Nonetheless, adherence to the following rules and limitations is required:

  • A foreign natural person is limited to purchasing thirty (30) hectares of real estate in Turkey.
  • The maximum amount of real estate that non-domestic foreign individuals may sell is 10% of a district’s allotted space for private property if the “Special Security Zone” is where the purchased real estate is situated. 
  • The governorship of the district in which the real estate is located must provide authorization.
  • Land registry directorates can offer the necessary information. Real estate situated in military-prohibited and security zones is identified in the registry records.
  • Real estate and restricted rights in REM may only be purchased by incorporated trading firms that were founded in accordance with the laws of their respective nations, provided that the relevant laws contain exceptional requirements. Other than these trading corporations, no other legal entity is allowed to purchase real estate or have restricted rights granted to them.

Sales Process Documents

Documents Required for the Purchase Process!

Before preparing the property purchasing contract, we first request all necessary documents to inspect the property. Our next step is to ask for all the required documentation from the seller/s and the buyer/s.

Documents required for the Property: 

The following Documents are required from the seller/buyer for the Property before submitting for purchase.

Copy of Title Deed (Tapu) contains mandatory information: owner’s name, location, type of Property, etc.

Up-to-date Title Deed Investigation Document: searches are carried out to ensure no situations are preventing the sale of Property, such as debts or obstructions, etc.

Habitation Certificate (ISKAN) mandatory document: “Building Usage Authorization Certificate.” A habitation certificate is a building utilization permit that shows the Property is legally habitable.

If the Property for sale is under construction, we obtain all legal documents, such as ownership and construction permissions.

Documents required by the Seller:

Documents required from sellers depend on whether the Seller is a natural person or Company before submitting any real estate to sell or buy. For example: 

  1. If the property owner is a natural person,they need to have the Identity document of the title deed holder.
  2. If the property owner is a Company (Ltd, A.Ş, for example), the Company’s legal documents are required.
Documents required by the Buyer:

The documents required for the buyers depend on whether the Buyer is a natural person or a Company. For example:

  1. If the Buyer is a natural person, we request a copy of a valid identity card from Turkish citizens and a copy of a valid passport from foreign citizens.
  2. If the Buyer is a Company, the companies’ legal documents are required for both Turkish capital companies and foreign capital companies.

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