It is required from foreign-invested corporations and foreign real persons wishing to buy immovable properties in Turkey to fulfil a few legal procedures.
.According to the Article 35 of the former Turkish Land Registry Law, The condition of reciprocity that is required for foreign people to acquire immovable properties in Turkey in accordance with the Article 35 of the former Turkish Land Registry Law has been abolished by the Law No 6302
According to the amended Article 35 of the Turkish Land Registry Law " Foreign national real persons, the countries of whom shall be determined by Ministerial Cabinet, when required for the country’s benefits and in accordance with the international bilateral relations, may acquire immovable and limited right in rem, provided that all legal restrictions are complied."
First of all, it is crucial to declare that in order for the real estate sale to be valid, the contract must be officially-executed and certified. Likewise, in order for the preliminary contract for the real estate sale which regulates the real estate sale between the parties to be valid, it has to be executed officially as well.
In order to meet the official form requirement for the contract, the contract must be officially issued by the land registry office of the district or city where said real estate is located. The official form requirement for the preliminary contract for the real estate sale is met by executing the contract before a public notary.
According to the Article 35 of the Turkish Land Registry Law, it is obligatory for foreign real persons to submit their projects that they are intending to implement on real estates they have purchased to the relevant ministry within 2 years.
Pursuant to the last clause of the same article, the immovables which are acquired in violation to provisions of this article, which are determined in use against its acquirement purpose by the related Ministry and administrations, which are not notified to the related Ministry within time or the projects of which are not performed within the stated time are not liquidated by their owners within the period specified by the Ministry of Finance, which cannot exceed one year under no circumstances, shall be liquidated and their value and worth shall be paid to their beneficiaries.”
Documents Required for Real Estate Purchasing Procedures in Turkey:
ID Card or Passport
Residence permits provided by relevant security directorate to foreigners whose acquisition of immovables is subject to residence permit
In the event of that procedures are to be carried out with a letter of proxy issued in another country; the original or one certified copy of the letter of proxy in addition to its translated copy