Questions from you
You can find all kinds of information about real estate investments in Türkiye on our page. We share frequently asked questions with you under a heading. If you cannot find what you are looking for among these headings, please CONTACT US
CHAPTER 1: ACQUISITION OF REAL ESTATE BY FOREIGNERS (GENERAL INFORMATION) CONTENTS LIST
ACQUISITION OF REAL ESTATE BY FOREIGNERS (GENERAL INFORMATION)
You can access the information by clicking on the relevant topic heading.
a) What documents must be submitted for foreigners to acquire real estate?
b) Which country's citizens can purchase real estate in Turkey?
c) Is the acquisition of real estate in site areas by foreigners subject to any permission?
d) Can Land Registry and Cadastre procedures be carried out from abroad?
f) How can I find out if the real estate is located within military restricted areas?
i) How can I access the contact information of the Land Registry Directorates?
j) How can persons with multiple nationalities acquire real estate?
k) Are the records of real estate sold to foreigners kept confidential from the public?
SECTION 2: ACQUISITION OF UNDEVELOPED REAL ESTATE CONTENTS LIST
SECTION 2: ACQUISITION OF UNDEVELOPED REAL ESTATE
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a) Can foreign nationals acquire undeveloped real estate (land without permanent structures)?
b) Do foreign nationals have any obligations when acquiring undeveloped real estate?
c) What is a permanent structure?
e) How long is the project development obligation period?
f) Under what circumstances does the project development obligation cease to exist?
h) What is natural liquidation?
i) How does the liquidation process take place?
j) Are properties subject to liquidation registered directly in the name of the Treasury?
CHAPTER 3: POWER OF ATTORNEY CONTENTS LIST
CHAPTER 3: POWER OF ATTORNEY
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c) Can Turkish citizens grant power of attorney at foreign consulates?
e) What should the photograph included in the power of attorney look like?
j) Is an apostille certification prepared as a valuable document valid?
CHAPTER 4: INHERITANCE AND LIQUIDATION ISSUES CONTENTS LIST
CHAPTER 4: INHERITANCE AND LIQUIDATION ISSUES
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a) Can foreign nationals be heirs to real estate in our country?
e) Does the project development obligation continue in the event of inheritance?
CHAPTER 5: ACQUISITION OF REAL ESTATE BY FOREIGN-CAPITAL COMPANIES/ GOVERNOR'S OFFICE PERMIT PROCESSES CONTENTS LIST
SECTION 5: REAL ESTATE ACQUISITIONS BY FOREIGN-CAPITAL COMPANIES/GOVERNOR'S OFFICE PERMIT PROCESSES
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a) What is a foreign-capital company?
c) Do leasehold encumbrance requests require provincial governorate approval?
e) Is there a provincial governorate process for establishing mortgages in favor of the company?
CHAPTER 6: ACQUISITION OF REAL ESTATE BY LEGAL ENTITIES CONTENTS LIST
CHAPTER 6: ACQUISITION OF REAL ESTATE BY LEGAL ENTITIES
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a) What should the authorization documents be for commercial companies and banks established abroad in accordance with their own country's laws?
b) Can commercial companies and banks established abroad with legal personality under their own country's laws be represented in our country by power of attorney?
c) Is it possible for commercial companies and banks established abroad with legal personality under their own country's laws to acquire real estate ownership or limited real rights in favor of their branches in our country?
d) Is it possible for legal entities other than commercial companies and banks established abroad with legal personality under their own country's laws (associations, foundations, unions, etc.) to acquire real property or limited real rights in our country?
CHAPTER 7: ACQUISITION OF REAL ESTATE FOR THE PURPOSE OF OBTAINING CITIZENSHIP CONTENTS LIST
CHAPTER 7: ACQUISITION OF REAL ESTATE FOR THE PURPOSE OF OBTAINING CITIZENSHIP
You can access the information by clicking on the relevant topic heading.
a) What should be the value of the real estate to be acquired for the purpose of acquiring citizenship? Can real estate acquired as shares be used to apply for Turkish citizenship through exceptional means?
b) How is the real estate value required to acquire citizenship determined?
c) Where can an appraisal (expert) report for citizenship be obtained?
d) What is a value determination certificate?
e) Is there a validity period for the value determination certificate?
f) Can more than one immovable property be purchased to obtain Turkish citizenship?
g) Do All Properties Need to Be Purchased at the Same Time to Obtain Turkish Citizenship?
h) What Should Be the Nature of the Property to Obtain Turkish Citizenship?
i) Is There Any Obstacle to Purchasing a Property Belonging to a Foreign-Owned Company to Obtain Turkish Citizenship?
j) Can Applications for Real Estate Acquisition for the Purpose of Acquiring Turkish Citizenship by Exceptional Means Be Made by Power of Attorney?
k) Can the Foreign Exchange Purchase Certificate Be Issued in Installments (Part by Part)?
l) How is the cancellation of a pledge (encumbrance) performed?
m) What happens if the valuation report is below USD 400,000?
n) How are sales made by persons who have acquired Turkish citizenship by way of exception to grant Turkish citizenship to another foreigner evaluated?
CHAPTER 8: FOREIGN CURRENCY PURCHASE CERTIFICATE (DAB) CONTENTS LIST
CHAPTER 8: FOREIGN CURRENCY PURCHASE CERTIFICATE (DAB)
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a) For which transactions is a DAB mandatory?
c) Can the DAB be submitted in person?
d) Is it mandatory for foreigners residing in Turkey to obtain a DAB?
e) Is a DAB mandatory for company acquisitions?
f) Are there any exemptions from the DAB requirement?
CHAPTER 9: CONTENT LIST FOR RECEIPT CONTENTS LIST
CHAPTER 9: RECEIPT
You can access information by clicking on the relevant topic heading.
a) In which transactions is a receipt mandatory?
b) What information should be included on the receipt used in land registry transactions?
c) In which cases can a receipt be submitted instead of a foreign currency purchase certificate?
d) Does a statement from the parties serve as a receipt for cash payments?
f) Can a SWIFT payment be used instead of a receipt?
g) Is it possible for someone other than the recipient/representative to make the payment?
CHAPTER 10: CONTENTS LIST FOR THE APPRAISAL REPORT CONTENTS LIST
CHAPTER 10: APPRAISAL REPORT
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a) Is a valuation report mandatory for all transactions involving foreigners?
b) Where should the valuation report be obtained?
CHAPTER 11: WEBTAPU SYSTEM AND YOURKEYTURKIYE PORTAL ACCESS CONTENTS LIST
CHAPTER 11: WEBTAPU SYSTEM AND YOURKEYTURKIYE PORTAL
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Identity Document and Passport: The foreigner's national identity document or passport must be submitted (if not in the Latin alphabet, it must be accompanied by a Turkish translation). The person's nationality must be verifiable.
Identity Information Declaration Form: This form must be completed and signed by the relevant person for all real estate title deed applications by foreign individuals and must include a photograph. (Click here for the form.)
If represented in the transaction: Power of attorney, guardianship decision, authorization document, etc. (If the transaction is to be carried out with a power of attorney issued abroad, the original or certified copy of the power of attorney must be submitted along with its translation).
Click for Detailed Information (Circular on Powers of Attorney Issued Abroad)
Property declaration value: This can be viewed online from some municipalities during the web title deed application stage. Otherwise, it is submitted as a document (obtained from the Mayor's Office where the property is located).
Foreign Currency Purchase Certificate: In accordance with Article 13 of the Capital Movements Circular or within the scope of acquiring Turkish citizenship, the amount equivalent to the sale value is converted into foreign currency at a bank and sent to the land registry office via KEP by the bank.
(The foreign currency purchase certificate must include: property details (block, parcel, independent unit number if applicable, buyer's name, surname, passport number, and the US dollar equivalent of the currency sold).
Mandatory Earthquake Insurance: Required for residential, commercial, and other buildings.
Sworn Translator: Required if any party does not speak Turkish (must be authorized by the regional judicial commission).
Summary Answer:
According to Article 35 of the Land Registry Law No. 2644, the list of countries whose citizens can acquire real estate in Turkey is not publicly available.
The acquisition status can be learned individually on a country-by-country basis from any of our directorates.
Answer:
Based on Article 35 of the Land Registry Law No. 2644, the list of “Countries Whose Citizens Can Acquire Real Estate in Our Country” attached to the Council of Ministers Decision No. 2012/3504 dated 25/06/2012 allows citizens of 185 countries to acquire real estate.
As stated in Article 35 of the Land Registry Law No. 2644; “Subject to legal restrictions, foreign nationals who are citizens of countries determined by the President in cases required by international bilateral relations and the interests of the country may acquire real estate and limited real rights in Turkey.”
The third paragraph of the same article states that “In cases where the interests of the country require it, the President may determine the countries whose citizens may acquire real estate and limited real rights in Turkey.” The third paragraph of the same article states: “The President may, where the interests of the country so require, determine, limit, partially or completely suspend, or prohibit the acquisition of immovable property and limited real rights by foreign nationals and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries, in terms of country, person, geographical region, duration, number, ratio, type, quality, area, and quantity.” suspend them partially or entirely, or prohibit them."
Furthermore, since immovable property and limited real rights acquired in violation of the provisions of Article 35 of the Land Registry Law or determined by the relevant authorities to be used contrary to the purpose of acquisition outside of legal necessity must be liquidated, the Land Registry Directorates must notify the relevant local units of the Ministry of Finance for the liquidation of such property and rights and the payment of their value to the rightful owner.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
For requests concerning site areas, depending on the nature of the area, the provincial units of the Ministry of Culture and Tourism or the Ministry of Environment, Urbanization, and Climate Change must be consulted to determine whether the request complies with the relevant legislation.
Answer:
As is known, in accordance with Article 35 of the Land Registry Law No. 2644, within the framework of the Council of Ministers Decision No. 2012/3504 dated 25.06.2012, we published our Circular No. 2012/12 dated 06.08.2012 (1734) dated August 6, 2012, published in accordance with the aforementioned Council of Ministers Decision,
in applications for the acquisition of real estate and limited real rights by foreign natural persons, after the acquisition conditions are examined in terms of the relevant nationality, if the application relates to site areas, the compliance of the request with the legislation of the Ministry of Culture and Tourism or the Ministry of Environment, Urbanization, and Climate Change regional units must be inquired about, depending on the nature of the site area.
The correspondence process with the relevant ministry regarding permission, depending on the status of the site area on the immovable property, applies to applications for the acquisition of immovable property or limited real rights, and there is no need for correspondence for requests other than these.
Summary Answer:
Procedures can be conducted without the need to come to Turkey by applying to the Berlin Land Registry and Cadastre Office.
Answer:
Turkish citizens living abroad and foreigners who own real estate in our country or wish to invest can complete land registry and cadastre procedures by applying to the Berlin Land Registry and Cadastre Office without having to go to the location of the real estate.
Summary Answer:
Real estate cannot be acquired in our country with a Stateless Person Identity Certificate obtained from other countries.
Answer:
The acquisition of real estate and limited real rights by stateless persons is governed by Article 7 of the “United Nations Convention Relating to the Status of Stateless Persons,” which we acceded to on July 1, 2014, under Law No. 6549. This means that the general rules for foreign acquisitions apply to stateless persons.
In our country, stateless persons who are not affiliated with any country and wish to acquire real estate are identified as stateless by the Directorate General of Migration Management of the Ministry of Interior, and the Governor's Offices issue a Stateless Person Identity Card to those identified as stateless. Persons who are considered stateless by other countries cannot benefit from this right.
Click for Detailed Information (Foreign Transaction Guide)
Click for Detailed Information (Convention Relating to the Status of Stateless Persons)
Summary Answer:
Since information regarding military zones is recorded in the land registry in all provinces, acquisition requests are fulfilled based directly on land registry information, without the need to inquire with the relevant command authorities regarding whether the property is located within these zones.
Answer:
As a result of the work carried out within the scope of the “Cooperation Agreement on the Determination of Military Restricted Areas and Strategic Areas” signed between the General Staff and our Directorate General on 05/05/2011, and the relevant 17.05.2017 Military Security Zones, and Strategic Zones" signed between the General Staff and our General Directorate, and as a result of the work carried out within the scope of this agreement; the acquisition requests of foreign nationals for real estate ownership and limited real rights in the provinces and districts listed in our circulars dated 17.05.2017, No. 2014/4, and 11.12.2017, No. 2017/ 7 dated 11.12.2017, it was stated that the requests of foreign nationals for real estate ownership and limited real rights in the provinces and districts listed in our circulars would be directly handled by the land registry offices, provided that other matters related to the acquisition of real estate by foreigners were appropriate, without correspondence with the relevant commands regarding whether the real estate was located within a military restricted area or security zone.
Therefore, since information regarding military zones has been entered into the land registry in all provinces, acquisition requests will be fulfilled based directly on land registry information, without inquiring with the competent command regarding whether the real estate is located in these zones.
Summary Answer:
The principles governing the provision of reported data archived by the Directorate General of Foreign Affairs to public institutions and organizations requiring such data for their services, as well as to individuals requesting it for their work, are explained in detail below.
Answer:
In the request letter regarding requests for reported data, it is mandatory to clearly and explicitly state the purpose of the application, indicate the reason for requesting the information and its legal basis, if any, and commit to limiting subsequent use to the stated purpose.
Required information for the application:
-- If the applicant is a natural person: name, surname, signature, address, Turkish ID number
-- If the applicant is a legal entity: address, letter containing the signature of the authorized person and the authorization document, and tax number, if any
-- Start and end dates of the requested reports
-- Date of application
Data Request Procedure:
-- Natural Persons: In accordance with the Law on the Right to Information and the regulation on the principles and procedures for the implementation of the Law on the Right to Information, data may be provided in the form of general aggregate data without details in response to the justified requests of these persons, prepared in an official letter or electronically.
-- Academics: Statistical data requested by academics may be provided upon application with an official letter written by the authorized units of universities and stating that work has been carried out on issues within the scope of the Foreign Affairs Department.
-- Public Institutions: Reported statistical data may be provided to public institutions and organizations with an official letter containing the reasons for the request.
-- Commercial Companies: Appropriate reported data may be provided to commercial companies that have clearly stated the company's subject matter and areas of activity in their application letters and clearly stated the reasons for their request.
-- Visual, Audio, and Written Media: Reported statistical data requested by visual, audio, and written media may be provided through the relevant unit of the Ministry to which the General Directorate of Land Registry and Cadastre is affiliated.
Summary Answer:
It is possible to access them after obtaining approval from the Ministry of Foreign Affairs upon inquiry to the General Directorate of Land Registry and Cadastre and Land Registry Directorates.
Answer:
According to the circular dated 24.04.2003 and numbered 2003/8 and the “Instruction on Foreign Missions” dated 13/07/2018 and numbered 2008769, foreign public institutions and organizations, foreign representations, embassies, embassies, consulates, and foreign private legal entities, foreigners, or Turkish citizens residing abroad or not, regarding immovable property located in Turkey, must be forwarded to our General Directorate for submission to the Ministry of Foreign Affairs without any investigation.
Answer:
You can access the contact information of the relevant office from the Provincial Units Contact Information section of the General Directorate of Land Registry and Cadastre (TKGM) website.
Summary Answer:
For persons with multiple citizenships, the citizenship with the least rights regarding the real estate to be acquired shall be taken as the basis. If one of these citizenships is Turkish citizenship, Turkish citizenship shall be taken as the basis.
Answer:
If one of the nationalities of a person with multiple nationalities is from a country where acquisition is not permitted, the application for acquisition of real estate or limited real rights must be rejected if this is understood from the documents submitted, the YKN inquiry, or the identity information declaration form.
Similarly, if the documents submitted, YKN inquiry, or identity information declaration form of a person with multiple citizenships show that the applicant has citizenship of a country that is subject to restrictions on real estate acquisition, in addition to citizenship of a country that is permitted to acquire real estate in our country, the citizenship of the country subject to restrictions shall be taken as the basis.
Summary Answer:
When sharing data, provisions regarding the privacy of private life and the protection of personal data contained in the Constitution, international treaties, and national legislation, as well as national security, are taken into consideration.
Answer:
Data requested by visual, audio, and written media; reported data that does not violate the provisions of the legislation in force may be provided by the Directorate General of Foreign Affairs to persons who prove their interest within the framework of the circular dated 18.05.2015 and numbered 2015/2 (1764).
Click for Detailed Information (Circular No. 2015/2)
Furthermore, the reported data is shared with the Turkish Statistical Institute (TUİK), the Central Bank, the Ministry of Foreign Affairs, and the Ministry of Industry. As a result of the data obtained from our institution, TUİK (Turkish Statistical Institute) shares data on sales on its website.
Answer:
Yes. Acquisition is possible under Article 35 of the Title Deed Law. Under Article 35 of the Title Deed Law, citizens of countries permitted to acquire real estate by virtue of the Council of Ministers' decision dated 25/06/2012 and numbered 2012/3504 may acquire real estate with or without structures in our country.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
Yes. There is an obligation to develop the project within two years.
Answer:
The Council of Ministers (Presidency) may, when required in the interests of the country, determine, limit, partially or completely suspend, or prohibit the acquisition of real estate and limited real rights by foreign nationals and commercial companies established in foreign countries with legal personality in accordance with the laws of their own countries, in terms of country, person, geographical region, duration, number, ratio, type, quality, area, and quantity. suspend them partially or completely, or prohibit them.
Foreign nationals and foreign companies established in accordance with the laws of their own countries must submit the project they intend to develop on the purchased undeveloped real estate to the relevant Ministry for approval within two years. The project, approved by the relevant Ministry with a specified start and completion date, is sent to the land registry office where the immovable property is located to be recorded in the declarations section of the land registry. The relevant Ministry monitors whether the approved project is implemented within the specified period.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012.
Summary Answer:
It refers to a fixed structure on a piece of real estate.
Answer:
The concept of a structure is defined as “any structure or facility built on or under a piece of real estate to remain there more or less permanently and connected to it by technical means.”
A structureless immovable property is an immovable property registered in the land registry that does not contain any structural elements as described in the above definition.
Summary Answer:
Yes. It continues in the event of the sale of the real estate to a foreign natural person or to a commercial company with legal personality established in foreign countries in accordance with their own laws.
Answer:
It continues in the event of the sale of the real estate to a foreign natural person or to a commercial company with legal personality established in foreign countries in accordance with their own laws.
Furthermore, if the owner acquires Turkish citizenship while the project development obligation is still in effect (within the obligation period), the project development obligation will cease to exist in light of the new citizenship, and the relevant entry in the registry must be removed by issuing a request document at the request of the interested party. In cases where the obligation is terminated in this manner, if Turkish citizenship is lost, the project development obligation must continue from where it left off as long as it remains in the name of the foreign real person. In such cases, i.e., in cases of cancellation of the entry made by documenting that the project development obligation was acquired by a foreign natural person through purchase and that Turkish citizenship was obtained, the following statement must be made in the cancellation request document: “The obligation will continue in the event of loss of Turkish citizenship.” and, following the cancellation, the statement “The obligation shall continue in the event of loss of Turkish citizenship” must be recorded in the registry as specified in the undertaking. In this way, even if the owners of immovable property acquired with the obligation to develop a project have acquired Turkish citizenship, if they transfer the said immovable property to real or legal persons who do not have the obligation to develop a project, the obligation will cease to exist. However, if they sell it to a foreign real person who has the obligation, the new buyer's obligation period will be the remaining period as of the date the owner acquired Turkish citizenship. For example, in a scenario where an immovable property purchased on 03.07. 2023, and the owner acquired Turkish citizenship on 07.05.2024, if this property is resold to a foreign natural person on 01.07.2024, the elapsed obligation period will be 10 months and 4 days, so the remaining project obligation period for the new buyer will be 13 months and 26 days. In this case, the new buyer has until July 3, 2025, to complete the project development period.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated August 6, 2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
It is two years from the date of acquisition of the immovable property.
Answer:
Foreign nationals and foreign commercial companies established in accordance with the laws of their own countries must submit the project they intend to develop on the purchased undeveloped real estate to the relevant Ministry for approval within two years. The project, with the start and completion dates determined and approved by the relevant Ministry, is sent to the land registry office where the real estate is located to be recorded in the declarations section of the land registry. The relevant Ministry monitors whether the approved project is implemented within the specified period.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
It ceases to apply if the person acquires Turkish citizenship within two years and/or fulfills the project obligation within two years.
Answer:
The project obligation is waived if the project obligation is fulfilled within the specified period and the person acquires Turkish citizenship. The procedures to be carried out in this regard are conducted under paragraphs B and C of the instruction dated 25.07.2024 and numbered 12979894.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
They are subject to liquidation in the event of failure to fulfill the Project Obligation or revocation of the person's Turkish citizenship.
Answer:
In the event of failure to fulfill the Project Obligation or revocation of the person's Turkish citizenship, the procedures are carried out under the directive dated 07/25/2024, numbered 12979894.
Answer:
It refers to the situation where, if the owner of the immovable property does not develop a project within a two-year period, the property is sold/transferred to a Turkish citizen at the end of the period without the National Property Directorate initiating liquidation proceedings.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
The liquidation of real estate that fails to fulfill its project obligations within the specified time frame is carried out in accordance with the relevant legislation.
Answer:
Instruction No. 12979894 dated 25.07.2024 C) Procedures to be followed in case of failure to fulfill the project development obligation within the specified time frame:
1- For agricultural properties, if the project development obligation is not fulfilled within the specified timeframe, a notification should be submitted to the relevant Provincial Directorate of Agriculture and Forestry to assess whether liquidation is applicable. Based on the response received, proceedings should be directed according to the following provisions.
2- For real estate properties subject to liquidation as per the first article or those not covered by the first article and for which the project development obligation has not been fulfilled within the specified time period, a notification must be submitted to the National Real Estate Directorate, and the necessary declaration must be made regarding the notification. The declaration sentence is: “... The Land Registry Directorate has notified the National Real Estate Directorate of the liquidation of the immovable property with its letter dated ... and numbered ... Date/journal number.”
Answer:
In order to liquidate the real estate, the General Directorate of National Real Estate, affiliated with the Ministry of Finance, ensures the status of the real estate registration and its sale to real or legal persons within the scope of the Law.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
No, since the project related to the immovable property must be completed before the two-year period expires, projects completed at the end of this period do not halt the liquidation process.
Answer:
Pursuant to Article 35 of the Land Registry Law, since the project related to the immovable property must be completed before the two-year period expires, projects completed at the end of this period do not halt the liquidation process. Projects implemented two years after the date of acquisition do not halt liquidation; the liquidation process continues.
Click for Detailed Information (Articles 35 and 36 of Land Registry Law No. 2644)
See Circular No. 2012/12 dated 06/08/2012
Click for Detailed Information (Circular No. 2013/15)
Summary Answer:
There is no such practice regarding the certification and approval of powers of attorney issued by foreign notaries.
Answer:
The certification and approval procedures for powers of attorney issued by notaries in foreign countries are as follows:
-- If issued in a country that is a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague), it must contain an apostille and meet the required characteristics of the apostille.
-- If issued in a country that is not a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague), the signature of the notary who issued the power of attorney must be certified by the relevant authority, and the signature and seal of that authority must be certified by the Turkish Consulate in that location.
No other regulations are envisaged regarding the certification and approval of powers of attorney other than those listed above. Exceptionally, there are differences in this regard for some countries. The approval and certification procedures for powers of attorney from Yemen, Iran, and Somalia are different. In addition, powers of attorney issued in the USA are evaluated under the Hague Convention but have regional characteristics.
Therefore, powers of attorney issued by notaries in foreign countries cannot be used in land registry transactions unless they are certified by the relevant diplomatic missions in our country and approved by the Ministry of Foreign Affairs.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
Since a power of attorney must be drawn up with a photograph of the person granting the power of attorney, if a power of attorney without a photograph is presented, the transaction must be rejected.
However, if a photograph is present but a fingerprint has been used, it is sufficient for the mark (fingerprint/signature) to be certified by the relevant person in the presence of a notary public.
Answer:
-- Since it is stated that contracts requiring a transaction at the land registry and powers of attorney must be prepared with a photograph, the power of attorney must be prepared with a photograph of the person granting the power of attorney.
-- On the other hand, to ensure that the photograph has not been affixed later, it must be certified with the seal of the authority issuing the power of attorney, if there is a seal; if there is no seal, it must be certified with a cold stamp, signature, or stamp.
-- It is not a requirement that the photograph be affixed to the power of attorney later; it is also acceptable if it is presented printed on the power of attorney. In cases where the photograph is digitally printed on the power of attorney (i.e., the photograph has not been affixed later), it must be certified by the seal, stamp, or signature of the notary, as appropriate, to prove that the photograph has been seen by the authority issuing the power of attorney.
-- Furthermore, provided that the photograph is included in the content of the power of attorney, it is sufficient for it to appear on any page of the power of attorney.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
Although consulates have duties such as notarial services, transactions related to real estate are excluded from these notarial duties, and therefore powers of attorney granted by foreign consulates cannot be used as a basis for land registry transactions.
Answer:
-- Notarial services are included among consular duties under the Vienna Convention on Consular Relations of 1963. However, transactions related to real estate in the country of residence are excluded from these notarial duties. In other words, since foreign state consulates in our country do not have the authority to perform notarial acts that enable transactions on real estate in our country, the acceptance of powers of attorney issued by these authorities is not possible.
-- Furthermore, since the notarial services of foreign missions in other countries are intended for their own citizens' transactions in their own countries, it is not possible to use these powers of attorney for real estate transactions in our country.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
Yes, powers of attorney issued by foreign notaries public based on a passport issued by our country, in addition to an identity card, can also be used as a basis for land registry transactions.
Answer:
-- Powers of attorney issued by our Consulates abroad for Turkish citizens must be based on these individuals' Turkish ID cards.
-- However, it is considered appropriate to accept powers of attorney issued by notaries in foreign countries based on identity cards or passports issued by our country as a basis for land registry transactions.
-- However, powers of attorney issued based on documents other than passports or Turkish ID cards, such as driver's licenses, professional IDs, travel passports, temporary protection certificates, etc., or those issued based on another country's passport, cannot be accepted.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
The photograph must be suitable for identification purposes and stamped.
Answer:
-- Since it is stated that contracts requiring registration with the Land Registry and powers of attorney must be drawn up with photographs, the power of attorney must be drawn up to include a photograph of the person granting the power of attorney.
-- To ensure that the photograph has not been affixed later, it must be certified with the seal of the authority issuing the power of attorney, if available; if not, it must be certified with a cold stamp, signature, or stamp.
-- It is not mandatory for the photograph to be affixed to the power of attorney later; it is also acceptable if it is presented printed on the power of attorney. In cases where the photograph is digitally printed on the power of attorney (i.e., the photograph has not been affixed later), it must be certified by the seal, stamp, or signature of the notary, as appropriate, to prove that the photograph has been seen by the authority issuing the power of attorney.
-- Furthermore, provided that the photograph is included in the content of the power of attorney, it is sufficient for it to appear on any page of the power of attorney. It is observed that the photograph physically affixed to the power of attorney is certified with the notary's stamp, and if the other required conditions are also met, this power of attorney may be used as a basis for land registry transactions.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
Since the photo must be included separately in the power of attorney, the passport photo in the passport sample alone is not sufficient.
Answer:
Circular No. 2015/5 (1767) states that “...power of attorney documents to be used as a basis for land registry transactions must be prepared in the prescribed format and must include a photograph of the person concerned...”
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
The duties and authorities of our institution are limited to general examination of documents regarding transactions within the framework of statutory provisions, and we do not have the duty or authority to conduct criminological investigations.
Answer:
Essentially, since there is no requirement for the Land Registry Directorates to verify the official documents submitted to them, and our Administration's (review of the applicability of the documents submitted, absence of obvious deficiencies, consistency of the document with the identification of the right holder, etc.) and that it has no authority or responsibility to conduct any research or criminological investigation beyond this general review. Therefore, there is no need for any verification process beyond the review of applicability for powers of attorney issued by our consulates or the official authorities of other countries. Powers of attorney whose applicability is in doubt must be rejected by the relevant directorate with justification.
However, powers of attorney issued by notaries in foreign countries based on identity cards or passports issued by our country are also considered appropriate for use in land registry transactions.
Click for Detailed Information (Circular No. 2015/5)
Answer:
There is no special arrangement for citizens of the country who cannot grant power of attorney due to extraordinary circumstances in their country. Matters related to powers of attorney issued abroad are regulated in Circular No. 2015/5, and no special arrangement is provided for citizens of the country who cannot grant power of attorney due to extraordinary circumstances.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
For documents submitted under this scope, if a QR code is available, it should be scanned first. If not, the apostille certification and the power of attorney link should be accessed via the website address provided on the document.
Answer:
-- Some countries have switched to the digitally signed certification (e-apostille) system. Under this system, the documents submitted consist of a copy of the power of attorney in .pdf, .jpeg, etc. format and the electronically signed certification (e-apostille).
-- If the submitted power of attorney documents have an e-apostille, you must first access the apostille certification and link to the relevant power of attorney document via the QR code, if available, or by visiting the website address provided on the document. Where a link has been established between the e-signed apostille and the document, these documents may be used for processing.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
It is valid. In this type of apostille certification, the apostille certification is produced specifically for the document it certifies and in a single copy. Copies of this type of apostille certification cannot be produced.
Answer:
Regarding this matter, US authorities base their practice of issuing the apostille physically separate from the document on the absence of mandatory provisions in the 1967 Hague Convention on this subject. however, they have taken various measures to ensure the reliability of the apostille. In this context, for example, it has been noted that in Florida, special paper is used to prevent the apostille from being photocopied, and the upper part of the apostille document bears the statement “black and white copies of this document are not official,” and almost the entire document is covered with the word “VOID.”
Source: Undated letter from the General Directorate of Consular Affairs, Ministry of Foreign Affairs.
Answer:
Since it cannot be copied, the copy also bears a statement indicating that it is a copy.
Summary Answer:
The relevant legislation details how the apostille certification should be. Apostille certifications that do not comply with the relevant conditions cannot be used as a basis for land registry procedures.
Answer:
-- The certification note, i.e., the apostille, must be prepared in the form of a square with at least nine-centimeter sides, in accordance with the example provided in the annex to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, and must be affixed directly to the document or to a sheet attached to it.
-- The certification note may be written in the official language of the authority affixing it or in a second language, but the heading of the certification note must be written in French as “Apostille Convention de La Haye Du 5 Octobre 1961.”
-- Pursuant to Article 4 of the Convention, the certification, drawn up in accordance with the model annexed to the Convention, may be affixed directly to the document itself, or it may be affixed to a sheet of paper attached to the power of attorney. If the certification is on a separate document, it shall be combined with the certified document, and the seal of the certifying authority shall be affixed to the place of combination. It must be clearly determined that the certification and the document are related to each other.
-- It has been observed that some (apostille) certification notes are submitted by the authority issuing the power of attorney as a photocopy attached to the power of attorney. The acceptance of (apostille) certification notes that are not specifically issued for the document in question (e.g., printed) and whose relevance to the document cannot be understood is not possible.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
If all pages of the document are inseparable from each other without alteration, it is sufficient for the first and last pages of the power of attorney to be certified with a stamp/seal.
Answer:
-- Since the signature of the principal is mandatory for powers of attorney to be drawn up for land registry transactions, the signature of the principal is also required for powers of attorney drawn up abroad. However, it is not a validity requirement for powers of attorney drawn up by foreign notaries that each page of the power of attorney be signed by the principal.
-- Nevertheless, in powers of attorney where each page or the first and subsequent pages are connected in such a way that they cannot be separated without being altered, the first and last pages must be certified by the authority issuing the power of attorney; if the power of attorney is certified with a stamp, it must be certified with a stamp, and if it is certified with a seal, it must be certified with a seal.
Click for Detailed Information (Circular No. 2015/5)
Summary Answer:
Foreign nationals can be heirs to real estate in our country.
Answer:
Article 35 of our Constitution states that everyone has the right to inheritance, and that this right can only be restricted by law for the public good and in accordance with international law for foreigners.
Since inheritance is considered an unregistered acquisition under Article 705 of the Turkish Civil Code, inheritance generally passes to all foreigners. However, whether a foreigner can retain ownership of the immovable property after inheritance is transferred must be assessed within the framework of the legislation in force at that time.
Article 35 of the Land Registry Law No. 2644, as amended by Law No. 6302 dated May 18, 2012:
"Subject to legal restrictions, foreign nationals who are citizens of countries determined by the Council of Ministers in terms of international bilateral relations and where required by the interests of the country may acquire real estate and limited real rights in Turkey. The total area of immovable property and independent and permanent limited real rights acquired by foreign nationals may not exceed ten percent of the total area of the district subject to private ownership and thirty hectares per person nationwide. The Council of Ministers is authorized to increase these amounts up to twice the specified limits.
....
The Council of Ministers may, where required in the national interest, determine, limit, partially or completely suspend, or prohibit the acquisition of immovable property and limited real rights by foreign nationals and commercial companies with legal personality established in foreign countries in accordance with their own laws, in terms of country, person, geographical region, duration, number, ratio, type, quality, area, and quantity. suspend them partially or completely, or prohibit them.....
Real estate and limited real rights acquired in violation of the provisions of this article, determined by the relevant ministries and administrations to be used contrary to the purpose of acquisition, not applied to the relevant ministry within the specified period, or whose projects are not implemented within the specified period, as well as real estate and limited real rights acquired by inheritance outside the scope of the restrictions in the first paragraph of this article, shall be liquidated and converted into cash if not liquidated by the owner within a period not exceeding one year to be determined by the Ministry of Finance, and the proceeds shall be paid to the rightful owner."
Pursuant to the authority granted to it by the provisions of Article 35 of the Land Registry Law No. 2644, the Council of Ministers has the authority to determine the acquisition of immovable property and limited real rights by foreigners for the reasons listed in the article; and to restrict, partially or completely suspend, or prohibit such acquisition. Although the Council of Ministers' Decision is decisive in the acquisition of immovable property and limited real rights by foreign nationals in our country, in accordance with Article 35, this situation is decisive in determining whether foreign persons can retain the immovable property after the transfer.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
The inheritance proceedings of foreign natural persons are conducted based on inheritance certificates issued by the courts of the Republic of Turkey or issued by their own competent authorities and certified by Turkish courts.
Answer:
Article 20 of Law No. 5718 on International Private Law and Procedural Law clearly regulates which country's law applies to disputes arising from inheritance law.
Accordingly, “Inheritance is subject to the national law of the deceased. Turkish law applies to immovable property located in Turkey.”
Article 37 of the Land Registry Law No. 2644 states: “The inheritance proceedings of foreign natural persons shall be conducted based on inheritance certificates issued by the courts of the Republic of Turkey or issued by their own competent authorities and certified by Turkish courts as complying with the provisions of Turkish law on inheritance procedures.”
Therefore, as a rule, for an inheritance certificate obtained abroad to be considered valid in Turkey, it must be approved by Turkish courts.
Summary Answer:
The inheritance proceedings of foreign natural persons are conducted based on inheritance documents issued by the courts of the Republic of Turkey or issued by their own competent authorities and certified by Turkish courts.
Answer:
Article 20 of Law No. 5718 on International Private Law and Procedural Law clearly regulates which country's law applies to disputes arising from inheritance law.
Accordingly, “Inheritance is subject to the national law of the deceased. Turkish law applies to immovable property located in Turkey.”
Article 37 of the Land Registry Law No. 2644 states: “The inheritance proceedings of foreign natural persons shall be conducted based on inheritance certificates issued by the courts of the Republic of Turkey or issued by their own competent authorities and certified by Turkish courts as complying with the provisions of Turkish law on inheritance procedures.”
Therefore, as a rule, for an inheritance certificate obtained abroad to be considered valid in Turkey, it must be approved by Turkish courts.
Summary Answer:
If citizens of countries whose citizens cannot acquire real estate in our country become heirs, the property will be liquidated within a period not exceeding one year, as determined by the Ministry of Finance, and the proceeds will be paid to the rightful owner.
Answer:
Inheritance is generally transferred to all foreigners, as it is considered an unregistered acquisition under Article 705 of the Turkish Civil Code. However, whether the foreigner can retain the real estate after the inheritance is transferred is evaluated within the framework of the legislation in force at that time.
Whether a foreigner who inherits real estate can retain it depends on a Presidential Decree issued in accordance with Article 35 of the Title Deed Law.
The countries whose citizens can acquire real estate and limited real rights in our country are determined by a list specified in the Presidential Decree. In this context, if the country of nationality of the foreigner inheriting the property is not on this list, in accordance with the last paragraph of Article 35 of the Land Registry Law No. 2644, if the property is not liquidated by the owner within a period not exceeding one year to be determined by the Ministry of Finance, it shall be liquidated and converted into cash, and the cash shall be paid to the rightful owner.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Answer:
Since the inheritance includes all of the deceased's assets and liabilities, all obligations related to the acquired real estate continue unchanged.
Summary Answer:
They are Turkish companies with legal personality established or participated in by foreign investors in Turkey.
Answer:
Foreign-owned companies are Turkish companies with legal personality established or participated in by foreign investors in Turkey. However, not every foreign-owned company is subject to Article 36 of the Land Registry Law No. 2644. In this context, which foreign-capital companies are considered under Article 36 of the Land Registry Law No. 2644 is specified in the first two paragraphs of Article 36 of the said Law.
For companies to be considered foreign-capital companies (Foreign-Capital Companies under Article 36 of the Land Registry Law No. 2644), foreign nationals (excluding Turkish citizens and persons covered by Article 28 of the Turkish Citizenship Law No. 5901), legal entities established under the laws of foreign countries, and international organizations must hold 50% or more of the shares or have the authority to appoint or dismiss the majority of persons with management rights.
If these companies are directly or indirectly partners in another company established in Turkey, and the foreign investor's final partnership ratio in the partner company is fifty percent or more; The same principles apply if foreign investors directly or indirectly acquire fifty percent or more of the shares of real estate owner domestic capital companies and if the partnership ratio of foreign investors in existing foreign capital companies that are real estate owners reaches fifty percent or more as a result of the share transfer.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
The acquisition of real estate by all foreign-owned companies is not subject to the provincial governorate approval process.
Answer:
Foreign-owned companies listed in the first two paragraphs of Article 36 of the Land Registry Law No. 2644 are subject to the provincial governorate approval process.
In this context, Article 36 of the Land Registry Law states that: "Foreign nationals (excluding Turkish citizens and persons covered by Article 28 of Turkish Citizenship Law No. 5901), legal entities established under the laws of foreign countries, and international organizations must hold 50% or more of the shares or have the authority to appoint or dismiss the majority of persons with management rights.
"If these companies are directly or indirectly partners in another company established in Turkey, and the foreign investor's final partnership ratio in the partner company is fifty percent or more; the same principles apply if foreign investors directly or indirectly acquire fifty percent or more of the shares of domestic capital companies that own real estate, and if the partnership ratio of foreign investors in existing foreign capital companies that own real estate reaches fifty percent or more as a result of the share transfer."
Article 36, paragraph 4 of the Land Registry Law states that foreign-capital companies not covered by the above paragraphs may acquire real estate ownership and limited real rights without being subject to the provincial governorate approval process, i.e., under the provisions applicable to domestic-capital companies.
Furthermore, the fifth paragraph of Article 36 of the Land Registry Law states that "In the establishment of real estate mortgages, in the acquisition of ownership within the scope of the conversion of real estate mortgages into cash, in the transfer of real estate ownership and limited real rights arising from company mergers and divisions, in the acquisition of immovable property and limited real rights in special investment zones such as organized industrial zones, industrial zones, technology development zones, and free zones, and in the acquisition of immovable property and limited real rights by banks, provided that the obligation to dispose of such property within a certain period of time continues in accordance with the relevant legislation, The provisions of this article shall not apply to real estate acquired by banks as a result of transactions considered as credit under the Banking Law No. 5411 dated 19/10/2005 or for the purpose of collecting their receivables." It is stipulated that these acquisitions are not subject to the governorate approval process.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
Governor's office permission is not required for lease annotation requests from foreign-capital companies under Article 36.
Answer:
Foreign-capital companies under Article 36 of the Land Registry Law No. 2644 may acquire and use real estate ownership or limited real rights to carry out the activities specified in their articles of association.
Limited real rights are regulated in Articles 779 to 972 of the Turkish Civil Code. Since the registration of lease agreements is not considered a limited real right, it is not evaluated under Article 36 of the Land Registry Law No. 2644. Therefore, no provincial governorate permission or review is required for the registration of lease agreements.
Summary Answer:
Under Article 36 of the Land Registry Law No. 2644, provincial governorate approval is required for the acquisition of mortgages through conversion to cash by companies where the mortgagee company is not involved.
Answer:
Under Article 36 of the Land Registry Law No. 2644, provincial government permission is required for companies to acquire property through the conversion of mortgages into cash if the mortgagee company is not the beneficiary.
However, if the auction remains in the name of the mortgagee company in the acquisition of real estate by companies under Article 36 of the Land Registry Law No. 2644 through the conversion of the mortgage into cash, provincial governorate approval is not required.
Otherwise, the purchase of real estate by foreign-capital companies through the conversion of mortgages into cash will be subject to provincial governorate permission.
Here, an exception has been made for the beneficiary solely for the purpose of protecting the mortgage claim.
Summary Answer:
There is no governor's office process for establishing a mortgage in favor of a foreign-capital company.
Answer:
Article 36, paragraph 5 of the Land Registry Law No. 2644 excludes “establishment of real estate mortgage” from the scope of Article 36.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
Foreign-owned companies do not have nationality.
Answer:
Nationality is a term used in relation to natural persons. In this regard, whether companies are domestic or foreign is assessed based on the country to which their headquarters are affiliated. Foreign-owned companies established in our country are considered Turkish companies; however, an assessment is possible based on the nationality of the partner holding the majority of shares in terms of the partnership structure.
Answer:
Authorization certificates issued by the competent authorities of foreign commercial companies and banks established under their own country's laws, which indicate their authority and powers, must be submitted with an Apostille certification if the country is a party to the Hague Convention, or with a certification from the Turkish Consulate in that location if the country is not a party to the Convention.
Summary Answer:
Commercial companies and banks established abroad with legal personality under their own country's laws can be represented in our country by power of attorney.
Answer:
Since it is generally not possible for the authorized representatives of commercial companies and banks established abroad with legal personality under their own country's laws to participate in person, they are mostly represented by proxy.
The Guide attached to the Circular No. 2015/5 on Powers of Attorney Issued Abroad states the following on this subject: "In the case of powers of attorney issued on behalf of foreign commercial companies, if the power of attorney does not include the authorization document as specified in the content, the power of attorney must be accepted provided that a certified copy of this document is submitted. "
Summary Answer:
It is not possible to acquire real estate ownership or limited real rights in favor of commercial companies with legal personality established abroad under their own country's laws and the branches of banks in our country.
Answer:
Pursuant to Article 35 of the Land Registry Law No. 2644 dated 22.12.1934, as amended by Law No. 6302, which entered into force upon its publication in the Official Gazette dated 18.05.2012; Commercial companies established in foreign countries with legal personality under their own laws may only acquire real estate and limited real rights in our country within the framework of special law provisions (Law No. 4737 on Industrial Zones, Law No. 2634 on the Promotion of Tourism, Law No. 6491 on Turkish Petroleum).
Article 2 of the Land Registry Law No. 2644 states that "In land registry matters involving legal entities, it is mandatory to obtain a document from the highest administrative authority in the location of their headquarters or branches, certifying that they are authorized to dispose of real estate in accordance with their bylaws and that the representative performing the registration has the necessary authority. Commercial companies obtain this document from the trade registry clerk."
On the other hand, while the concepts of headquarters and branch are defined in Turkish Commercial Code No. 6102, there are many regulatory provisions regarding headquarters and branches. Article 9 of the Turkish Chambers and Commodity Exchanges Union and Chambers and Commodity Exchanges Law No. 5174 provides a very detailed definition of a branch.
Accordingly;
-- The branch is subordinate to the head office. (The head office should be understood as “the place where all commercial, legal, and administrative transactions related to the commercial enterprise are conducted.”)
-- The branch has limited independence from external influences.
-- The branch should be authorized to conduct transactions similar to those conducted by the head office.
-- The headquarters and branch must belong to the same natural or legal person.
-- Essentially, since the branch arises from the need to expand the trader's commercial enterprise activities, there must be a geographical separation between the headquarters and the branch.
Therefore, branches cannot be considered separate businesses since they do not operate independently but are subordinate to the headquarters and do not have a legal personality independent of the headquarters.
Consequently, since the branches of commercial enterprises with headquarters outside Turkey do not have a separate legal personality independent of their headquarters, it is not possible for these branches to acquire real estate or limited real rights in their own name in Turkey.
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
It is not possible for legal entities established abroad under their own country's laws, other than commercial companies with legal personality and banks (associations, foundations, unions, etc.), to acquire real estate or limited real rights in our country.
Answer:
All legal entities (including foundations, associations, cooperatives, societies, communities, congregations, etc., whether or not they have legal personality) other than foreign nationals and commercial companies established in foreign countries in accordance with their own laws are not permitted to acquire real estate in Turkey or have limited real rights established in their favor.
However, foreign public legal entities, i.e., foreign states and public institutions, are not granted the right to acquire real estate. Only real estate to be used as ambassador's residences, representative buildings, and lodgings for mission members of foreign country representations may be acquired through exchange, long-term lease, or purchase within the framework of the principle of reciprocity (in line with the assessment and notifications of the Ministry of Foreign Affairs). (According to the provisions of Law No. 6593 dated 20/05/1955 on the Allocation of Land Free of Charge to Foreign States for the Construction of Embassies and Consulates in Ankara; land may be allocated and transferred free of charge by the Treasury to foreign states for the construction of embassies and consulates in Ankara. (m.1))
Click for Detailed Information (Articles 35 and 36 of the Land Registry Law No. 2644)
Summary Answer:
The value of the real estate to be acquired for the purpose of obtaining citizenship must be 400,000 US dollars.
It is not possible to apply for citizenship by acquiring real estate through shares.
Answer:
Under Article 20, Paragraph 2, Subparagraph (b) of the Regulation on the Implementation of the Turkish Citizenship Law; "Real estate classified as land with condominium ownership or condominium rights established or with a building on it, worth at least 400,000 US dollars or the equivalent in foreign currency (Amendment published in the Official Gazette dated 12.12.2023 and entered into force) provided that a restriction not to sell for three years is placed on the land registry records, or provided that a contract is drawn up by a notary public promising the sale of the real estate, with at least 400,000 US dollars or the equivalent in foreign currency paid in advance and a note in the land registry stating that the transfer and abandonment will not be made for three years, foreign persons identified by the Ministry of Environment, Urbanization and Climate Change may acquire Turkish citizenship by presidential decree.
It is not possible to apply for Turkish citizenship on an exceptional basis through the acquisition of shares in real estate. For example, if real estate is acquired by more than one foreign person in such a way that shared ownership is created, this real estate cannot be used for citizenship purposes; however, if all of the real estate registered in the name of more than one person is acquired by a foreign person, this real estate can be used for citizenship purposes.
Summary Answer:
The amount declared to the Land Registry Office (official deed) and the payment receipt amount must each be at least 400,000 US Dollars, and these values must be confirmed by the Certificate of Determination of the Amount Based on Acquisition of Citizenship Through Real Estate Purchase.
Answer:
The basis for determining the investment amount is the total of the sale price(s) declared in the official deed or the price(s) specified in the promise of sale, and the total of the price transfers/ payments must separately meet the amount of US$1,000,000 or at least US$400,000 required by the Regulation on the date of acquisition, and these values must be confirmed by the Certificate of Determination of the Amount Based on Citizenship Acquisition through Real Estate Acquisition.
Summary Answer:
The appraisal report, now called the TTB appraisal report, can be obtained through the WebTapu/TADEBİS system.
Answer:
The request for the appraisal report based on TTB will be made through the WebTapu/TADEBİS system from the menu for requesting an appraisal report for citizenship purposes. (CLICK TO ACCESS)
Summary Answer:
It is a document showing the investment amount of the immovable property subject to Turkish citizenship acquisition.
Answer:
The Amount Determination Certificate is a document prepared in accordance with our General Directorate's Circular No. 2024/2, based on the real estate valuation report prepared by GEDAŞ, and sent to the TAKBİS/Webtapu system via the TADEBİS application as an annex to the relevant real estate valuation report, indicating the real estate investment amount that can be accepted for the purpose of acquiring citizenship for the relevant real estate.
Summary Answer:
The validity period of the Amount Determination Certificate is 6 months.
Answer:
The difference between the TTB and the application period for citizenship acquisition shall not exceed six months. For TTBs exceeding six months, the valuation report on which the certificate is based shall be renewed.
Summary Answer:
There is no limit on the number of properties that can be acquired through sale. However, in applications based on a promise of sale, the amount specified in the Regulation must be provided through a single contract.
Answer:
There is no limit on the number of properties that can be acquired through sale. The amount specified in the Regulation must be provided.
In applications based on a promise of sale, the amount required by the Regulation must be provided through a single contract, and the real estate subject to the promise must be specified in this contract. In this context, it is possible for more than one real estate to be subject to a promise of sale under a single contract. However, applications based on more than one promise of sale contract will not be considered.
Furthermore, if the acquired real estate does not meet the amount required for citizenship, it is not possible to make up the remaining amount with a promise of sale agreement.
Summary Answer:
It must be real estate registered as an independent unit in the registry under the Condominium Law.
For land-qualified real estate, a permanent structure with a building use permit must be present.
Answer:
It must be separated as an independent unit in the registry under the Condominium Law No. 634, or in the case of land-qualified real estate, the real estate must be registered as land and it must be determined that there is a permanent structure on it that complies with the legislation and has a building use permit. Therefore, it is not possible to acquire real estate that is unbuilt and subject to a two-year project development requirement, as specified in the fourth paragraph of Article 35 of the Land Registry Law No. 2644, or agricultural land for this purpose.
Summary Answer:
There is no requirement that all real estate properties to be acquired for the purpose of gaining Turkish citizenship be purchased at the same time.
Answer:
It is not necessary to purchase all real estate at the same time to acquire Turkish citizenship. Regarding payments made after the foreign currency purchase certificate application, receipts related to money transfers made before the foreign currency purchase certificate is issued must be in foreign currency, while receipts issued afterwards must be in Turkish Lira.
Summary Answer:
It must be real estate registered as an independent unit under the Condominium Law.
For land-type real estate, a permanent structure with a building use permit must be present.
Answer:
Under the Condominium Law No. 634, it must be registered as an independent unit in the registry or, for land-type real estate, the real estate must be registered as land and it must be determined that there is a permanent structure on it that complies with the legislation and has a building use permit. Therefore, it is not possible to acquire real estate that is unbuilt and subject to a two-year project development requirement, as specified in the fourth paragraph of Article 35 of the Land Registry Law No. 2644, or agricultural land for this purpose.
Detailed explanations regarding this question are provided under the heading “Powers of Attorney.”
Summary Answer:
If the power of attorney contains the authority to perform the requested transaction, the application may be made by power of attorney. However, a power of attorney issued abroad must meet the necessary conditions to be used in land registry transactions.
Answer:
If the power of attorney contains the authority to perform the requested transaction, the application can be made with a power of attorney. However, a power of attorney issued abroad must meet certain conditions in order to be used.
In order for a power of attorney issued abroad to be used as a basis for land registry transactions, it must:
-- It must be drawn up in the form of a power of attorney issued by a Turkish Consulate,
-- It must be a power of attorney drawn up in the language of the country of origin, in accordance with the law of immovable property of one of the countries party to the Hague Convention, containing the photograph of the person concerned, and bearing an apostille,
-- Whether or not the country is a party to the Hague Convention, the signature of the notary on the power of attorney must be certified by the relevant authority, and the signature and seal of that authority must be certified by the Turkish Consulate in that location. The power of attorney must be issued by foreign notaries in accordance with their national legislation, in their own language, and must include the photograph of the person concerned (without an apostille).
Summary Answer:
Since payments for installment sales are not made in a single cash payment, it is possible for the foreign currency purchase certificate to be issued in installments.
Answer:
Since payments in installment sales are made in installments, it is possible for the foreign exchange purchase certificate to be issued in installments based on the payments. However, receipts for payments made before January 24, 2022, when the foreign exchange purchase certificate application came into effect, are also accepted for transactions. The US dollar equivalent of the amount stated on these payment receipts is calculated based on the TCMB effective selling rate or cross exchange rates on the business day preceding the date of payment.
However, the amount stated in the official deed of real estate paid for before the date the foreign exchange purchase certificate application came into effect (January 24, 2022) must be equal to the total of the receipts prior to January 24, 2022, and the amounts stated in the foreign exchange purchase certificate.
Summary Answer:
Upon the expiration of the 3-year commitment period, the cancellation is performed at the request of the owner.
Answer:
The commitment notice recorded in the declarations section under the Regulation is canceled upon the expiration of the three-year period at the request of the owner. However, declarations cannot be canceled without a sale transaction being made on behalf of foreign individuals who have acquired Turkish citizenship through a pledge of sale annotation.
Summary Answer:
If the submitted valuation report is below USD 400,000, the Land Registry Office will directly refer the matter to the Foreign Affairs Department for the necessary assessment, and the process will proceed according to the response received.
However, for transactions involving citizenship acquisition after June 13, 2024, the investment amount stated in the Real Estate Investment Determination Certificate will be verified with the TTB. If the amount in the TTB is below the value required by the regulation, the application will be rejected.
Answer:
The amount determined shall be based on the total of the sale price(s) stated in the official deed or the price(s) specified in the promise of sale, the total of the value(s) in the valuation report (now called TTB), and the total of the price transfers/payments, each of which must meet the amount required by the Regulation according to the date of acquisition.
In cases where the DAB and payment receipts related to the immovable property purchased for the purpose of acquiring Turkish citizenship meet the required amount, but the immovable property valuation reports prepared by GEDAŞ within the scope of Circular No. 2024/2 do not confirm the investment amount, the Land Registry Office must refer the matter directly to the General Directorate (Foreign Affairs Department) for the necessary review, and the procedures should be directed according to the response received.
However, for procedures involving citizenship acquisition after June 13, 2024, the investment amount stated in the Real Estate Investment Determination Certificate must be confirmed with the TTB. If the amount in the TTB is below the value required by the regulation, the application will be rejected.
Summary Answer:
Those who have acquired Turkish citizenship exceptionally under Article 12(1)(b) of the TVK are considered to have foreign status. Therefore, the real estate to be invested in must not belong to persons who have acquired Turkish citizenship on an exceptional basis (under Article 12/1-b of the TVK) or to real estate transferred by such persons to a Turkish citizen/company within the last three years.
Answer:
According to Turkish Citizenship Law No. 5901, foreigners may acquire Turkish citizenship by presidential decree, provided that they do not pose a threat to national security or public order. However, pursuant to Article 12, Paragraph 1, Subparagraph (b) of the TVK (b), i.e., foreigners who have obtained a residence permit or a Turquoise Card, and their foreign spouses, as well as their minor or dependent foreign children, are considered foreigners under our legislation. Therefore, the real estate purchased for the purpose of acquiring Turkish citizenship must not have been transferred to a Turkish citizen/company within the last three years.
Summary Answer:
In our country, foreign individuals wishing to acquire real estate through purchase are required to sell the foreign currency equivalent of the real estate sale price to a bank for sale to the Central Bank and, in return, submit a foreign currency purchase certificate to the land registry office.
Answer:
In sales transactions where foreign individuals are the buyers, the sale price must be sold by the buyer, seller, their agents, or representatives to a bank to be sold to the Central Bank in USD or the equivalent foreign currency amount, and the “Foreign Currency Purchase Certificate” issued by the bank must be submitted to the Land Registry Office prior to the sale transaction.
Article 13, paragraph 3 of the Capital Movements Circular states: "The parties concerned are obliged to submit to the Land Registry Office a foreign currency purchase certificate proving that the foreign currency constituting the sale price has been sold to a bank when applying for land registry transactions. The Turkish lira amount recorded in the foreign exchange purchase certificate is declared to the land registry office as the sale price.“ Therefore, the official document must be prepared based on the TL value indicated in the ”Foreign Exchange Purchase Certificate."
Click for Detailed Information (Relevant Instruction)
Click for Detailed Information (Relevant Circular)
Click for Detailed Information (Capital Movements Circular)
Click for Detailed Information (SHG-Application Instruction)
Click for Detailed Information (Relevant Guide)
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Summary Answer:
The sale price of the immovable property should be the same as the value indicated on the DAB.
In a real estate sales promise agreement, the DAB must be issued for at least the down payment portion and no later than the date of the agreement.
As a rule, the sale price stated in the official deed and the DAB value should be the same; however, if they differ, the value on the official deed should be taken into account.
Answer:
In our country, foreign individuals wishing to acquire real estate through purchase are required to sell the foreign currency equivalent of the real estate sale price to a bank for sale to the Central Bank and to submit a foreign currency purchase certificate to the land registry office in return.
Article 13, paragraph 3 of the Capital Movements Circular states: "The parties concerned are obliged to submit to the land registry office a foreign currency purchase certificate proving that the foreign currency corresponding to the sale price has been sold to a bank when applying for land registry procedures. The Turkish lira amount recorded in the foreign exchange purchase certificate is declared to the land registry office as the sale price.“ Therefore, the official deed must be drawn up by the Land Registry Offices based on the TL value shown in the ”Foreign Exchange Purchase Certificate."
For these reasons, the buyer, seller, their agents, or representatives of the real estate must sell the sale price in US dollars or the equivalent foreign currency amount to a bank for sale to the Central Bank, and the foreign exchange purchase certificate to be issued by the bank must be sent to the relevant Land Registry Office. The sale price in the official deed prepared by the office and the value on the DAB must be the same.
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Click for Detailed Information (Relevant Circular Attachment Instructions)
Summary Answer:
The DAB cannot be delivered in person.
It must be sent by the relevant Bank to the relevant Land Registry Office via KEP.
Answer:
The sale price of the immovable property in US Dollars or the equivalent foreign currency amount must be sold to a bank for sale to the Central Bank, and the foreign currency purchase document to be issued by the bank must be sent to the relevant Land Registry Office via KEP.
Summary Answer:
Foreign individuals who wish to acquire real estate in our country through purchase are required to sell the foreign currency equivalent of the sale price of the real estate to a bank for sale to the Central Bank and to submit a foreign currency purchase certificate to the land registry office in return.
Answer:
In sales transactions where foreign individuals are the buyers, the sale price must be sold to a bank for sale to the Central Bank in USD or the equivalent foreign currency amount by the buyer, seller, their agents, or representatives of the real estate, and the “Foreign Exchange Purchase Certificate” issued by the bank must be submitted to the Land Registry Office prior to the sale transaction.
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Summary Answer:
Not mandatory
Answer:
Under Circular No. 2022/1, DAB is only mandatory for foreign individuals; by implication, it is not mandatory for company acquisitions.
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Click for Detailed Information (Relevant Circular)
Click for Detailed Information (Capital Movements Circular)
Click for Detailed Information (SHG-Implementation Instruction)
Answer:
Generally, there are no exemptions from DAB.
For example, those with a Long-Term Residence Permit, foreign individuals married to Turkish citizens, etc., are not exempt from DAB.
Summary Answer:
The foreign exchange purchase document must contain, at a minimum, the name and surname of the person for whom the foreign exchange is being converted, their passport number or foreign ID number, the real estate number, the US dollar equivalent of the foreign currency purchased, and a statement indicating that this transaction is being carried out for the purpose of acquiring Turkish citizenship or under Article 13 of the Capital Movements General Directive. If the real estate number cannot be obtained, the block and independent section numbers must be provided if the property has an island/parcel number.
Click for Detailed Information (Relevant Instructions)
Click for Detailed Information (Relevant Circular)
Click for Detailed Information (Capital Movements Circular)
Click for Detailed Information (SHG-Implementation Instruction)
Summary Answer:
It is also possible to sell foreign currency in exchange for the sales price using multiple foreign currency purchase documents. In this case, the total amount of the foreign currency purchase documents must be used as the basis for the transaction.
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Click for Detailed Information (Relevant Circular)
Click for Detailed Information (Capital Movements Circular)
Click for Detailed Information (SHG-Implementation Instruction)
Summary Answer:
Under Turkish Citizenship, a receipt must be submitted to the Land Registry Office for TYTB applications involving the acquisition of real estate.
Answer:
Although the amount stated on the receipt must be equal to the amount shown on the foreign currency purchase certificate, if there is a difference between these two amounts, it is sufficient for the amount stated on the receipt to meet the minimum amount required by the Regulation based on the exchange rate stated on the foreign currency purchase certificate. In addition, the payment receipt must be submitted before the declaration of commitment is made.
Regarding payments made after the foreign exchange purchase certificate application: receipts related to money transfers made before the foreign exchange purchase certificate is issued must be in foreign currency, while receipts issued afterwards must be in Turkish Lira.
The secure payment systems offered by banks may be used at the discretion of the parties when making real estate price transfers/payments.
Summary Answer:
The receipt must contain the real estate information included on the foreign currency purchase document or refer to the transaction on the relevant foreign currency purchase document.
Answer:
It is sufficient for the receipt to contain any of the following information: the name and surname of the person in whose name the foreign currency was exchanged, their passport number or foreign ID number, the real estate number, or, if the real estate number cannot be obtained, the block and independent section number if the island/parcel is available.
Summary Answer:
A receipt proving that the investment was made in relation to a money transfer that took place before the date on which the foreign currency purchase certificate became mandatory MAY BE SUBMITTED.
Answer:
Receipts related to payments made before January 24, 2022, when the Foreign Exchange Purchase Certificate application came into effect, will continue to be accepted for transactions. In calculating the US dollar equivalent of the amount stated on these payment receipts, the TCMB effective selling rate or cross exchange rates of the business day preceding the date of payment will be used.
However, receipts related to money transfers made before the Foreign Exchange Purchase Certificate was issued must be in foreign currency.
Receipts for payments made before January 12, 2017, will not be considered for citizenship acquisition through real estate purchase.
Summary Answer:
A statement by the parties does NOT replace a receipt for payments made in cash.
Answer:
Land Registry Offices must make a reasonable assessment of whether the transfer of the price/payment was made to the account of the seller or related persons (Proxy, Spouse, Construction Contract Holder in Exchange for Shares, Attachment or Mortgage Creditor, Company Owner's Account, etc.) by the buyer or related persons.
Therefore, a foreign natural person applying for a TYTB is obliged to prove that they have transferred the price of the acquired immovable property to the other party and must submit a receipt or similar document for the transaction.
Summary Answer:
Within the scope of the TYTB application, a single payment receipt for multiple properties or multiple payment receipts for the same property MAY BE SUBMITTED.
Answer:
In a single payment receipt for multiple properties, there must be an explanation of how much was paid for each property.
If there are multiple receipts for the same property, the total amount must be equal to the amount shown on the foreign currency purchase document.
However, in both cases, if there is a difference between the values stated on the foreign exchange purchase certificate and the receipt, it is sufficient for the amount stated on the receipt to meet the minimum amount required by the Regulation based on the exchange rate stated on the foreign exchange purchase certificate.
Summary Answer:
A SWIFT payment can be used instead of a receipt.
Answer:
According to our legislation, a foreign individual must submit a receipt or similar document proving that they have transferred the price of the real estate they have acquired to the other party.
The system used for foreign exchange transfers between domestic and foreign banks is called SWIFT.
Therefore, in TYTB applications to be made to our Land Registry Directorates, SWIFT, which will be submitted as proof of the money transfer between the parties, will be accepted if it meets the other conditions (reasonable interest in the real estate or proving the parties).
Summary Answer:
It is POSSIBLE for the payment to be made by someone other than the recipient/agent.
Answer:
Land Registry Offices must make a reasonable assessment of whether the transfer of funds/payment was made by the RECIPIENT OR RELEVANT PERSONS to the account of the seller or relevant persons (Agent, Spouse, Construction Contract Rights Holder in Exchange for Shares, Attachment or Mortgage Creditor, Company Owner's Account, etc.).
It will be accepted if a reasonable connection between the buyer and the relevant person (spouse, child, etc.) can be proven that does not cause any collusion.
Summary Answer:
A valuation report is NOT MANDATORY for all transactions involving foreigners.
Answer:
Transactions involving the acquisition of citizenship by public institutions and organizations, their economic enterprises, establishments, subsidiaries, and affiliates, as well as transactions involving real estate investment partnerships, do not need to be confirmed by the TTB. However, in transactions carried out by legal entities exempted from TTB, the General Directorate (Directorate of Foreign Affairs) may request TTB in cases deemed necessary.
Summary Answer:
As of March 4, 2024, appraisal reports must be prepared by GEDAŞ Gayrimenkul Değerleme A.Ş. in order to be used in applications for Turkish citizenship.
With the amendment made to Circular No. 2024/4 on 09.12.2024, the “Real Estate Acquisition-Based Citizenship Acquisition Amount Determination Certificate (TTB)” system has been implemented.
Answer:
The TTB is a document prepared in accordance with Circular No. 2024/2 of our General Directorate, based on the real estate appraisal report prepared by GEDAŞ, and sent to the TAKBİS/Webtapu system via the TADEBİS application as an annex to the relevant real estate appraisal report, showing the real estate investment amount that can be accepted for the purpose of acquiring citizenship for the relevant real estate.
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Summary Answer:
Appraisal reports CANNOT be delivered in person.
Answer:
TTB must be sent through the specified system; physically presented TTB will not be processed.
Summary Answer:
YES, IT IS POSSIBLE.
Answer:
If appraisal reports prepared by GEDAŞ Real Estate Appraisal Inc. are available, the most recent report shall be used as the basis for the transaction. However, if requested by the applicant, any of these reports may be used as the basis for the transaction. No value difference check is performed between these reports.
Answer:
The General Directorate of Land Registry and Cadastre, which acts as a bridge between the past and the future with the services it provides and effectively utilizes the opportunities offered by the digital age, has implemented the Web-Tapu project with the aim of reducing the processes involved in land registry transactions and providing higher quality and faster services in an electronic environment.
The Web Tapu System is integrated with the E-Government system, and access to the system is provided under the security of E-Government identity verification.
All services offered to citizens through the Web-Tapu “individual login” are also available to companies through the Web-Tapu “corporate login,” allowing company representatives to access real estate registration information and apply for land registry transactions without having to visit the land registry offices.
The Web-Tapu system, which is available to our citizens, has also been opened for use by our commercial companies. Commercial companies and legal entities registered in the commercial registry have also taken their place in the Web-Tapu system, which was implemented with the slogans “Shortcut to the land registry,” “Land registry with a single click,” and “You're always next in line.”
The Web-Tapu system has been implemented through the Institution portal, and with the addition of many features for the work and transactions of public institutions, the application is also used by public institutions and organizations.
The Web-Tapu system has been implemented through the Institution portal with Real Estate Agent Login and Real Estate Appraisal Expert Login, adding numerous features for the work and transactions of real estate agents and real estate appraisal experts, and the application is also used by these stakeholders.
Web-Tapu allows our citizens to manage their real estate electronically without having to visit the land registry and cadastre offices and to apply electronically for 46 land registry transactions (sale, donation, inheritance, etc.), 20 cadastral transactions, 2 cartography transactions, and 5 Ottoman documents and old record document transactions. They can send the information and documents required for the transactions in a secure electronic environment, verify documents, and authorize third parties or real estate agents in these matters.
Web-Tapu is a system that allows citizens to manage their real estate online without having to visit the land registry offices and to view the title deed records and location information of their real estate.
Answer:
The YourKeyTurkiye portal is the first and only portal prepared in 6 different languages (Turkish, English, German, Arabic, French, Russian) to provide foreigners with access to all kinds of up-to-date data, application channels, and processes related to real estate acquisition in Turkey under state guarantee.
It provides statistical data, information on obtaining citizenship through real estate acquisition, and access to information such as scheduling appointments with land registry offices, all designed to guide foreigners seeking to acquire real estate in Turkiye through the application process.
Your Key Türkiye bir Tapu ve Kadastro Genel Müdürlüğü hizmetidir. Your Key Türkiye © 2019 Tüm Hakları Saklıdır.
