General Laws

The ownership is anchored in article 35 of the Turkish Constitution. This article stipulates that anyone is entitled to ownership and that these rights can only be restricted by other legal stipulations. The restrictions may consist, for instance, of zoning schemes, restrictions applicable to foreigners and matters such as having the right of way.

The ownership regulations are elaborated in the Turkish Civil Code. This describes how ownership is acquired. For the purchase of real estate by a foreign person, especially the entry in the land register is important.

In Turkey there are regional directorates of the land register in 15 places, which are subdivided in provincial or district offices. In principle, the land register is accessible to everyone.

In turkey the ownership of the real estate is obtained by entry in the Land register (article 633 Turkish Civil Code) and the simultaneous delivery of the real estate. These two steps must be taken in the way described in the Turkish Civil Code; moreover, all formalities must be fulfilled. Any non-observance of the formalities will result in failure to acquire the real estate, which in turn causes great disappointment to both the buyer and the seller.

If you are relocating to Turkey for more than six months then you are well advised to apply to the Turkish Government Office for residents. They will issue a document for you to present the police neared your new home who in return will process the application.

Real property acquisition of foreigners in Turkey

The article 12 of the Constitution of the Republic of Turkey has stated ‘Every person has individual, inviolable, untrasferable and unrenouncable fundamental rights and freedoms’ and has also involved the foreigners in the content of this provision. However, the article 16 of our constitution concerning the status of the foreigners has stated ‘the fundamental rights and freedom may be limited for foreigners by law in accordance with the international law ‘and clarified by this provision that the rights and the freedoms pf the foreigners in our country may be arranged and limited as different from what it is for the Turkish citizens, if necessary.

The article 1 of the Protocol under the European Human Rights and Main Provision Agreement has also guarantied with the General Principles of the Law of Nations.

Taking these facts into consideration and considering the political, economic and social conditions and public order, sovereignty and security of our country, some legal restrictions have been brought on the real property acquisition of foreigners in Turkey.

• Real property acquisition of foreign natural (physical) person in Turkey
• Real property acquisition of foreign legal (entity) in Turkey
• Transfer of founds
• Application place

1. Real property acquisition of foreign natural (physical) person in Turkey:

Real property acquisition of foreign natural person in Turkey has been arranged by the article 35 of the Land Registry act numbered 2644.

The article 35 of the Land Registry Act has stipulated that purchasing and acquiring real property of foreign natural person via inheritance and other ways in Turkey must be mutual and must be suitable for legal limitations.

2. Real property acquisition of foreign legal (Entity) in Turkey:

As a general rule, (exclusion of some exceptions) real property acquisition right has not been recognized to the foreign legal entities in our legislation. Although foreign legal entities have no possibility to acquire real property in our country as a general rule, changing conditions and legal arrangements put out concerning the enterprises necessary for economy of our country have brought out some exceptions for the rule of inability to acquire real property of foreign legal entities.