Why a foreign buyer needs an independent lawyer in Türkiye
In Türkiye, ownership of real estate is created and proven by the tapu — the official title deed entered in the Land Registry (Tapu Sicili). You do not truly own a property until the transfer is registered there in your name, no matter what contract you have signed or how much you have paid. This single fact catches out more foreign buyers than any other.
Unlike the English or American system, there is no neutral closing agent and no built-in escrow in an ordinary Turkish purchase. The estate agent works for the seller. The developer's lawyer protects the developer. The notary authenticates signatures but does not check whether the property is a good buy. Nobody in that room is looking after the buyer — unless you bring your own lawyer.
What "acting for you alone" actually means
Lexin Legal acts for you and only you. Before any money moves, we independently verify who legally owns the property, whether it is free of debts and restrictions, whether it can lawfully be sold to a foreigner, and whether the building itself is legal. We then manage the transfer at the Land Registry so the deed passes cleanly into your name and the price you pay is the price you agreed.
Your lawyer vs. the agent's or developer's lawyer
Foreign buyers often assume the lawyer at the table is "the lawyer for the deal." There is no such role. Here is who actually protects whom.
| What you need done | Your independent lawyer | Agent's / developer's lawyer |
|---|---|---|
| Acts in whose interest | Yours, exclusively | The seller's / developer's |
| Runs independent title due diligence | Yes | No — relies on seller's papers |
| Flags hidden mortgages, liens, missing iskan | Yes, before you pay | Not their job to warn you |
| Structures payments to protect the buyer | Yes | Structures them to close the sale |
| Explains the Turkish deed in English | Yes | Not owed to you |
Can a foreigner buy? Eligibility, area limits and military clearance
Most foreign nationals can own property in Türkiye, but three legal gates must be cleared before you commit. We confirm all three at the very start of a file, because each one can quietly kill a deal you have already funded.
Who is eligible — and why "reciprocity" is the wrong word
You may still read that foreign ownership depends on reciprocity (mütekabiliyet) between Türkiye and your country. That has not been the law for over a decade. Reciprocity was abolished in 2012 by Law No. 6302, which amended Article 35 of the Land Registry Law. Eligibility now turns on a list of permitted countries set at government level — currently around 183 nationalities can acquire property without any reciprocity test.
A small number of nationalities remain restricted or barred, and eligibility can depend on both who you are and exactly where the property sits. We confirm that your nationality is currently permitted to acquire the specific property in question.
The 30-hectare cap and the 10% district limit
Two quantity limits apply to foreign ownership:
- A foreign individual may own a maximum of 30 hectares of land in Türkiye in total, extendable up to double by Presidential decision.
- Foreigners as a group may not own more than 10% of the surface area of any one district.
For a single city apartment these limits are almost never a problem. For land, villas with large plots, or a buyer assembling a portfolio, they matter and must be checked against the cadastre.
Military and special security zone clearance
Property inside or near a military forbidden zone or special security zone cannot be sold to foreigners. The Land Registry runs a clearance check during the transfer, but we screen for it before you pay a deposit.
Due diligence: exactly what we check before you pay
Property due diligence in Turkey is the heart of a safe purchase, and it is where a real estate lawyer earns the fee many times over. The title register, the cadastre and the municipal records hold most of the answers — we read them so you never have to take an agent's or a seller's word for anything.
Title and the right to sell
- Ownership and identity — confirming the person named on the tapu is the real, current, sole owner, has full legal capacity, and has authority to sell (including, where relevant, spousal or co-owner consent).
- Inheritance and co-ownership — checking the property is not tied up in an undivided estate or owned in shares (hisseli) by people who are not all selling.
Debts and restrictions on the title
- Mortgages and liens — any mortgage (ipotek), attachment (haciz), preliminary injunction or annotation (şerh) recorded against the property that could survive the sale or block it.
- Attached debts — outstanding property tax, utility arrears and building management dues (aidat) that can follow the asset to a new owner.
The building itself
- Zoning and development plan (imar) — the plan status and permitted use, so a "residential flat" is not in fact built on agricultural, forest or otherwise restricted land.
- Occupancy permit (iskan / yapı kullanma izni) — whether the building has its iskan, confirming it was completed in line with its approved project and is legal to occupy.
- Unauthorised changes — illegal extensions, enclosed balconies, added floors or converted uses that may face fines or demolition.
- Earthquake compliance and DASK — whether the building carries mandatory DASK compulsory earthquake insurance, and a sensible prompt to ask harder questions about the building's age and resilience.
The tapu transfer: how ownership actually passes
This is the moment that matters. Ownership transfers when the change is registered at the Land Registry Directorate (Tapu Müdürlüğü) — not when a private sale contract is signed, not when you pay, and not when you receive keys. Both parties, or their authorised representatives, attend the registry; the registrar reads out the transaction; the deed is updated; and the property becomes legally yours.
What has to be ready before transfer day
- A Turkish tax number (vergi numarası) for the buyer — quick to obtain and required.
- A Turkish bank account, because the transaction is routed through the banking system (see the foreign-currency conversion rule below).
- A sworn translator present at the registry if you do not speak Turkish — this is legally required, not optional, so you genuinely understand what you are signing.
- An SPK-licensed real-estate valuation report (see the next section — now required for every foreign-party sale).
- Valid passport, photographs, the DASK earthquake insurance policy and proof the transfer fees and taxes are paid.
The contract behind the deed
A properly drafted bilingual sale agreement sits behind all of this. It fixes the price, the payment schedule, the handover date, who pays which costs, and exactly what happens if either side defaults. The contract is governed by the Turkish Code of Obligations No. 6098 (TBK), while the transfer itself runs under the Land Registry Law No. 2644 and the Turkish Civil Code No. 4721 (TMK).
For complex purchases, off-plan deals or developer contracts, we draw on our wider commercial contract law practice to lock the terms down. We attend the transfer with you or on your behalf and check every line of the deed before a signature is given. Talk to us before you sign anything.
Costs, the transfer fee and the foreign-currency rule (DAB)
Foreign buyers are frequently surprised — and sometimes quietly overcharged — at the cost stage, so it pays to understand the structure before you sit at the registry counter. Here is the typical breakdown.
What a purchase actually costs
| Cost item | Roughly how much (indicative) | Notes |
|---|---|---|
| Title-deed transfer fee (tapu harcı) | 4% of the declared sale value | Legal default 2% buyer + 2% seller; on the real price |
| Revolving fund fee (döner sermaye) | Fixed service charge | Set annually by the registry |
| SPK valuation report | A few thousand TL | Mandatory for every foreign-party sale |
| DASK earthquake insurance | Modest annual premium | By property size and location |
| Sworn translator + notary | Varies | PoA, contract, registry appointment |
| Annual property tax (emlak vergisi) | Small % of tax value, yearly | Paid by the owner each year |
The transfer fee must sit on the real price
The tapu harcı is charged under the Fees Law (Harçlar Kanunu) No. 492 — a total of 4% of the declared sale value, with the legal default split being 2% on the buyer and 2% on the seller. Parties sometimes privately agree who actually pays, but that agreement does not change the legal liability set by the statute.
The DAB foreign-currency conversion rule
If you pay in foreign currency, there is a hard requirement many buyers never hear about. Since 24 January 2022, a foreign buyer must sell the foreign currency to the Central Bank (CBRT) through a Turkish bank and present a Döviz Alım Belgesi (DAB) — a foreign-currency purchase certificate — to the Land Registry before the transaction completes.
Capital gains on resale
If you sell at a profit within five years (60 months) of buying, the gain is taxable (değer artış kazancı) under the Income Tax Law (GVK). Sell after five full years and the gain is exempt. The cost basis is inflation-indexed and an annual exemption applies.
Off-plan and under-construction property: the real risks
Buying off-plan or in an unfinished development can mean a lower price and payment by instalments — but the legal risk is fundamentally different from buying a finished, registered flat. You are buying a promise, which means the contract is everything and the developer's reliability is your main protection.
Finished flat vs. off-plan: how the risk compares
| Factor | Finished, registered flat | Off-plan / under construction |
|---|---|---|
| What you get on payment | Individual freehold tapu now | Often only a land share (kat irtifakı) for years |
| Iskan (occupancy permit) | Should already exist — verify it | Not yet issued; depends on completion |
| Main risk | Hidden debts / title defects | Delivery delay, defects, developer insolvency |
| Your key protection | Due diligence on the title | The contract terms and developer's standing |
Where off-plan deals go wrong
- Delivery delays — developers commonly hand over late, sometimes by years. A well-drafted contract sets a firm delivery date and clear remedies (daily penalties, price reductions, or the right to terminate and reclaim funds) if it slips.
- The deed you actually receive — confirm whether and when you get an individual freehold tapu, rather than only a share in undivided land (arsa payı / kat irtifakı) while the building completes.
- Specification and defects — what the brochure promises must be written into binding terms: finishes, square metres, common areas and the iskan.
- Developer solvency — we check the developer's track record, company standing and the project's permits before you part with money.
If a developer has already let you down
If a developer has delayed delivery, failed to obtain the iskan, or handed over a flat that does not match the contract, you may have a breach claim under the TBK for penalties, compensation, or termination and refund.
We assess your contract, send a formal notice, and where needed litigate the claim — then pursue recovery through debt collection and enforcement if a judgment or settlement is not voluntarily honoured.
Buying remotely: power of attorney and the role of the notary
You do not have to be in Türkiye for the whole process, and many of our foreign clients complete their purchase without ever sitting in a registry queue. A properly scoped power of attorney (PoA) lets us search title, handle the paperwork and, if you wish, complete the tapu transfer on your behalf.
How a valid power of attorney is granted
A PoA to deal with immovable property in Türkiye must be in official notarial form. You can grant it in one of three ways:
- Before a Turkish notary while you are in Türkiye, with a sworn translator present if you do not speak Turkish; or
- Abroad at a Turkish consulate; or
- Before a local notary in your home country, then legalised with an apostille (under the Hague Apostille Convention, to which Türkiye is a party) and accompanied by a sworn Turkish translation.
We draft it narrowly, on purpose
A power of attorney is a powerful and potentially dangerous document. We draft it tightly: limited to exactly what the transaction requires, naming the specific property where possible, and excluding open-ended powers to sell, mortgage or take on debt on your behalf. We tell you in plain English precisely what every clause allows before you sign.
How property ties into citizenship and residence
For many foreign buyers, the property is also a route to a Turkish passport or a residence permit. Getting the legal structure right from day one is essential — these programmes have strict, technical requirements that a purchase done casually will fail.
Property and Turkish citizenship
Buying real estate worth at least USD 400,000 and committing not to sell it for three years is one of the qualifying routes to Turkish citizenship by investment. The valuation, the way funds are transferred, the three-year non-sale annotation on the tapu and the timing all have to be done correctly, or the citizenship file is refused even though you own the flat.
We coordinate the purchase and the application so they fit together — see our dedicated page on Turkish citizenship by investment.
Property and residence permits
Owning a home in Türkiye can support a short-term residence permit, though eligibility has tightened and some districts are closed to new applications. Property ownership is helpful but not automatic. Our residence permit and immigration team aligns your purchase with your residence strategy so the two reinforce each other.
Renting it out, rent caps and landlord–tenant basics
Many foreign owners let their Turkish property — to long-term tenants, or as a short-stay holiday rental. The legal regime is firmly tenant-protective, so it helps to understand the basics before you sign anyone in.
The lease and rent increases
Residential leases are governed by the Turkish Code of Obligations No. 6098 (TBK). Annual rent increases on a renewing lease are capped, and you cannot simply raise the rent to market level each year.
Ending a tenancy is not easy
Turkish law makes it genuinely difficult to evict a tenant who pays the rent. Leases effectively renew, and a landlord can usually only recover possession on specific legal grounds — and often only by court order.
Short-term and holiday rentals are now licensed
If you plan to list a flat on a holiday platform, you almost certainly need a permit first.
We advise on the lease, the permits and, where it goes wrong, recovering unpaid rent or pursuing eviction.
What happens to your Turkish property on death
Anxious buyers often ask what becomes of a Turkish flat if the owner dies — especially when the family and the rest of the estate are abroad. The answer is more settled than most people fear, but it is governed by Turkish, not foreign, rules.
In practice this means the heirs obtain a Turkish certificate of inheritance (veraset ilamı), the property is registered into their names at the Land Registry, and any Turkish inheritance tax is settled. Planning the ownership structure during the purchase — sole, joint, or held through an entity — can make this far smoother later. Our inheritance and estate team can advise on this alongside the purchase.
Common mistakes foreign buyers make — and how we prevent them
Almost every property dispute we are asked to clean up traces back to one of a handful of avoidable mistakes. Here are the ones we see most.
- Paying before checking. Handing over a deposit or the full price on trust, before independent title due diligence. We tie payments to verified legal milestones.
- Relying on the agent's lawyer. Assuming the agent or developer's lawyer is "the lawyer for the deal." They are not your lawyer.
- Under-declaring the price. Recording a low value on the tapu to cut the transfer fee. This is tax evasion and weakens your legal position.
- Ignoring the iskan. Buying a building with no occupancy permit, then struggling with utilities, resale and value.
- Signing a Turkish-only contract you cannot read. We provide and explain a bilingual contract, with a sworn translator at the registry.
- Granting a broad power of attorney. Giving an agent open-ended powers. We draft narrow, single-purpose PoAs.
- Forgetting the building debts. Inheriting the previous owner's unpaid management dues and taxes. We clear these in due diligence.
A worked example: a remote apartment purchase in Istanbul
To make this concrete, here is a typical illustrative file the way Lexin Legal runs it.
The situation
A buyer in the United Kingdom agrees to buy a EUR 250,000 apartment in Istanbul, found through an agent, without travelling to Türkiye for the purchase. The agent is pressing for a 10% deposit "to reserve it."
What we do
- Before any deposit, we run title due diligence: we confirm the seller on the tapu, find an existing ipotek (mortgage) from the seller's own bank loan, confirm the building has its iskan, and confirm the flat is not in a restricted zone and the buyer's nationality is eligible.
- We restructure the deal so the deposit is held back or conditional until the seller's mortgage is discharged.
- We prepare a narrow power of attorney, signed at the Turkish consulate in London with apostille and sworn translation, authorising us to complete this one purchase.
- We obtain the buyer's tax number, arrange the bank routing and the DAB foreign-currency conversion, and commission the SPK valuation report and DASK.
- We attend the tapu transfer on the buyer's behalf, confirm the mortgage is lifted, check the deed line by line, and the apartment registers in the buyer's name.
The outcome
The buyer completes a clean purchase from London without travelling, the seller's mortgage never becomes the buyer's problem, and the price recorded on the tapu is honest — protecting the buyer on any future resale or citizenship application.
Realistic timeline and how Lexin Legal handles your file
A straightforward apartment purchase, once due diligence is clear and documents are ready, can move from instruction to registered tapu in a matter of weeks rather than months. The variables are how quickly title checks clear, whether a power of attorney must be apostilled abroad, and whether any defects need fixing before completion. Off-plan and citizenship-linked purchases run on their own, longer schedules.
What you get from us
- Everything in English. Every document, every step and every cost explained in plain English by lawyers who act for you alone.
- A clear written cost estimate. Agreed before we start, so you know what your legal protection involves — no surprises on the day.
- Independent due diligence. We tell you the truth about the property, early, while you can still act on it.
- End-to-end handling. Title search, contract, tax number, DAB conversion, valuation, DASK, power of attorney and the registry appointment — with us beside you or acting on your behalf.
- One firm for the whole picture. Where your purchase touches citizenship, residence or inheritance, the same team coordinates it.
If you are weeks or even days from paying a deposit, that is exactly the moment to talk to us. Contact Lexin Legal for a clear, no-pressure assessment of your purchase.
How we handle your property purchase
Initial assessment
You tell us about the property and your goals — a home, an investment, citizenship or residence. We confirm eligibility, flag any obvious red flags, and quote a transparent fixed fee before you commit to anything.
Title and legal due diligence
Before any money moves, we verify ownership at the Land Registry, search for mortgages, liens and annotations, check the iskan and zoning, and confirm the property is not in a restricted military or security zone.
Structuring and the contract
We draft or review a bilingual sale agreement that ties payments to verified milestones, fixes the handover date and remedies, and protects you under the Code of Obligations No. 6098.
Power of attorney, if remote
If you are buying from abroad, we prepare a narrow, single-purpose power of attorney — at a Turkish consulate or apostilled at home — so we can complete on your behalf without you travelling.
Pre-completion paperwork
We obtain your Turkish tax number, arrange bank routing, commission the valuation report where required, and set up DASK earthquake insurance ready for transfer day.
The tapu transfer
We attend the Land Registry with you or on your behalf, with a sworn translator present, confirm any mortgage is discharged, check the deed line by line, and register the property in your name.
After completion
We hand over your new tapu and a clear file, sort utilities and tax registration, and — where relevant — move straight into your citizenship or residence application or your rental setup.
Buying property in Türkiye: FAQ
Can foreigners legally buy property in Türkiye?
Yes. Citizens of around 183 countries can own property in Türkiye. The old reciprocity requirement was abolished in 2012 by Law No. 6302 amending Article 35 of the Land Registry Law, so eligibility now rests on a permitted-country list rather than reciprocity. A 30-hectare per-person land cap and a ban on properties in military or special security zones still apply, and a small number of nationalities remain restricted. We confirm your specific eligibility before you commit.
Is it safe to buy property in Turkey as a foreigner?
Yes — buying property in Turkey is safe when an independent lawyer runs proper due diligence for you before any money moves. The main risks are hidden mortgages or liens on the title, a missing iskan (occupancy permit), and paying deposits on trust. Each is preventable with independent title checks and payments tied to verified legal milestones. The danger comes from skipping these steps, not from the system itself.
Do I have to be in Türkiye to buy a property?
No. With a properly scoped, notarised power of attorney — granted before a Turkish notary, at a Turkish consulate abroad, or apostilled in your home country with a sworn translation — we can complete the entire purchase on your behalf. Many of our foreign clients buy without ever travelling.
What is a tapu and why does it matter so much?
The tapu is the official title deed registered at the Land Registry. In Türkiye you only legally own a property when the transfer is registered in your name on the tapu — not when you sign a contract or pay. Everything in a purchase is built around getting that registration done cleanly.
Do I need an SPK valuation report to buy?
Yes. Since 4 March 2019, an SPK-licensed real-estate valuation report has been mandatory for every property sale where a foreigner is a party — buyer or seller — not only for foreign-currency or citizenship purchases. The report is valid for three months. We commission it as part of handling your file.
What is the DAB foreign-currency rule when buying with foreign money?
If you pay in foreign currency, since 24 January 2022 (TKGM Circular 2022/1) you must sell that currency to the Central Bank through a Turkish bank and present a Döviz Alım Belgesi (DAB) to the Land Registry before the transfer. The DAB amount becomes the deed value, so it also sets the figure used for your tapu harcı and any future capital gains tax.
How much are the taxes and fees when buying?
The main cost is the title-deed transfer fee (tapu harcı) — a total of 4% of the declared sale value under the Fees Law No. 492, with a legal default split of 2% buyer and 2% seller. Add a revolving-fund fee, the SPK valuation report, DASK insurance, and translator and notary costs. These figures are indicative and change by budget law; we give you a written breakdown for your specific purchase.
Should I declare a lower price on the tapu to save on the fee?
No. Under-declaring the sale value is tax evasion, can trigger penalties, and weakens your legal position if the deal goes wrong or you resell. In practice the DAB foreign-currency rule now ties the deed value to the amount you actually convert, so honest declaration is also the only clean route. We always advise declaring the real price.
What is the iskan and should I worry if a property doesn't have one?
The iskan (occupancy permit) confirms a building was completed in line with its approved project and is legal to occupy. A missing iskan is a serious red flag affecting utilities, resale and value, and can signal an illegal or non-compliant building. We always check it during due diligence, before you pay.
Can buying property get me Turkish citizenship?
Yes — buying real estate worth at least USD 400,000 and holding it (with a three-year non-sale annotation on the deed) is one qualifying route to Turkish citizenship under Law No. 5901 and its regulation. The valuation, fund transfer and title annotation must be done precisely, or the application is refused. We coordinate the purchase and the citizenship file together.
Is it risky to buy off-plan or under construction?
It carries different and higher risk than buying a finished flat, because you are buying a promise. The main dangers are delivery delays, defects, and receiving only a land share (kat irtifakı) rather than an individual deed for years. A strong contract and a check of the developer's solvency and permits are essential — both of which we handle. If a developer breaches, your remedies sit in the Code of Obligations No. 6098.
Can I easily evict a tenant if I rent the property out?
No — Turkish law strongly protects tenants who pay their rent. Under the Code of Obligations No. 6098 (arts. 347–352) leases effectively renew, and annual increases are capped by TBK art. 344 at the previous year's 12-month average TÜFE (the temporary 25% cap ended on 1 July 2024). Recovering possession usually needs a specific legal ground and a court order, so the lease must be set up carefully from the start.
Do I need a permit for short-term or Airbnb-style rentals?
Yes. Under Law No. 7464 (in force from 1 January 2024) short-term tourist rentals need a permit from the Ministry of Culture and Tourism via e-Devlet, the unanimous consent of all co-owners in the building, and registration, with stays capped at 100 days per agreement and significant fines for non-compliance. Do not assume you can simply list a flat without checking.
Why use Lexin Legal instead of the agent's lawyer?
The agent's or developer's lawyer protects the seller, not you. Lexin Legal acts for you alone, runs independent due diligence in your interest, explains everything in English, and gives you a clear written cost estimate — so the person checking your purchase has no stake in the deal simply closing.
