What is the Law of Foreigners?

Foreigners’ law is a branch of law formed by the laws applied by a state or country for foreigners arriving in a country. A foreigner is under the rule of the country in which he is located. A citizen has the diplomatic patronage of the state in which he is located. If foreigners are granted fewer rights than the rights determined by international treaties with the law, rules and regulations, the state of which the foreigner is a citizen applies for diplomatic patronage.

Acquisition of Real Estate by Foreigners in Turkey

Integration into the European Union within the framework of the various laws that allow foreigners to acquire real estate in Turkey and the law on the amendment of the decree on the organization and duties of Ministry of Finance No. 4916 foreigners to acquire real estate in Turkey has made with reducing the current limitations.

“Foreign natural persons may acquire real estate that is separated and registered for these purposes in the application zoning plan or location zoning plan for use as a workplace or residence in Turkey, provided that it is mutual and subject to legal restrictions. The same conditions are also sought for the establishment of limited rights in kind. The total area of real estate that a foreign natural person can acquire throughout the country and limited real rights of an independent and permanent nature cannot exceed two and a half hectares. The Council of Ministers is authorized to increase the amount of surface area up to thirty hectares under the conditions specified in this paragraph.

Commercial companies with a legal entity established in foreign countries according to the laws of their own countries can acquire real estate and limited real rights on real estate only within the framework of the provisions of the special law.

Registration and restrictions contained in the first and second paragraphs of the real estate pledge facility in Turkey in favor of foreign natural persons and trading companies with legal entities established in foreign countries according to the laws of their own countries are not sought. Foreign natural persons and those other than trading companies with legal entities established in foreign countries according to the laws of their own countries cannot acquire real estate in Turkey and limited real rights cannot be established in their favor.

The registration and restrictions specified in the first paragraph shall not apply to the immovables of citizens of the state with reciprocity between the Republic of Turkey and Decrees transferred by legal inheritance. Registration and restrictions specified in the above paragraphs are applied for death-related savings. Real estate and limited real rights acquired by citizens of a state without reciprocity between the Republic of Turkey and the legal inheritance are liquidated by Decoupling transactions.

The legal and actual situation shall be taken as the basis in the determination of reciprocity. It is essential that this principle is applied to the citizens of the country where the right to land ownership is not recognized to individuals, and the rights that a foreign state recognizes to its own citizens in the acquisition of real estate are also recognized to the citizens of the Republic of Turkey.

Real persons of foreign nationality and commercial companies with legal personality established in foreign countries according to the laws of their own countries; irrigation, energy, agriculture, mining, sit, beliefs, and due to the cultural characteristics that need to be protected areas, special protection areas and sensitive areas that should be protected because of a feature of flora and fauna in strategic locations in terms of public interest and national security areas that cannot acquire real estates and limited real rights, on the proposal of the relevant public enterprises foreign real persons allowed to acquire real estate and to identify the main coordinated, according to the provinces and the provincial area, the Council of Ministers is authorized to determine the ratio, not to exceed five per thousand.The General Directorate of land registry and cadastre that is attached to the relevant administration within the Ministry of representatives of the Council of ministers by the commission in accordance with this article within the limits of power by making proposals will be evaluated in this context the work of public institutions and the Council of Ministers shall be submitted to and examined.

The map and coordinate values of the military forbidden zones, military and private security zones, strategic zones and amendment decisions to be determined after the effective date of this law shall be given to the Ministry to which the General Directorate of Land Registry and Cadastre is affiliated by the Ministry of National Defense without delay.

Because nationalized remain within the regions mentioned above should be annotated in the registry or land parcels required to land registry offices of the relevant administrations is made.

Acquired in violation of the provisions of this article used contrary to the purpose of acquisition of immovable property out of necessity or legal identified with limited real rights, are liquidated by the owner within the period given by the Ministry of Finance and the price is converted to a liquidation unless the owner is paid.”

Legal restrictions on the acquisition of real estate by foreigners:

a) Throughout the country, a real person of foreign nationality can purchase up to 30 hectares of real estate and obtain limited rights in kind.

b)Whether the real estate is outside the military forbidden and security zones, it is necessary to ask the authorized command by the Land Registry Directorate and get a positive answer for the acquisition.

This procedure has been abolished in 76 cities (EXCEPT some districts) where military prohibition and security zones measurement studies have been completed.

c)Real persons of foreign nationality may obtain immovable and limited real rights up to 10% of the district’s face measurement subject to private ownership.

d)Legal restrictions are not applied in favor of real persons and commercial companies with legal entities established in foreign countries according to their own legislation in the real estate pledge facility.

e)Acquired in violation of the provisions of the Law; determined by the relevant Ministries and administrations that it was used contrary to the acquisition purpose; purchases on the condition of the project were not applied to the relevant Ministry within the period or projects were not realized within the period; immovables are subject to liquidation provisions.

Application and method followed:

The buyer must be ”One of the Citizens of the Country who can Obtain Real Estate and Limited Real Rights in Our Country and carry the Acquisition Conditions”.

Application:

The owner of the real estate or his authorized representative must make a preliminary application to the Land Registry Directorate.

(Preliminary applications are usually made before the lunch break by taking the sequence number at the Land Registry Directorate.)

If there is a deficiency in the pre-application conditions and it is in a condition to be completed, the pre-application file is kept pending.

Online Application:

Citizens of the Republic of Turkey, (http://turkiye.gov.tr ) or the General Directorate of Land Registry and Cadastre(https://randevu.tkgm.gov.tr /) he can get a sequence number from the appointment system. In addition, HELLO 181 line and our citizens who call from abroad can also make an appointment with the line 90312.593 99 00.

Required documents:

a) Title Deed Document of the real estate or village/neighborhood, island, parcel, building, independent department information,

b)Identity document or passport (with translation if necessary),

c) Receipt of the ”Real Estate Fair Value Certificate” of the immovable property from the relevant Municipality,

d)For buildings (housing, workplace… etc.) compulsory earthquake insurance policy,

e)1 photo of the seller, 2 photos of the buyer (within the last 6 months, 6×4 size).

f) If there is a party who does not speak Turkish, a sworn translator,

g)If a transaction is made with a power of attorney issued abroad, the original or approved copy of the power of attorney together with its translation.

Characteristics of power of attorney issued abroad:

Powers of attorney issued by the Embassy or Consulate of the Republic of Turkey.

The language of the country concerned noterlerinc certified in a foreign country, organized in a way that includes a picture, powers of attorney, and certified are certified according to The Hague Convention of 5 October 1961 commentary of the language of the country alongside the French “Apostille (convention De La Haye du octobre 1961)” the phrase also carry in the event that such documents and powers of attorney in place with the approval of the Turkish consulate in the Turkish translation shall not be required.

In addition, the notary public of foreign countries that are not parties to the Hague convention of October 5, 1961, includes a certified photo of the relevant person in the language of the country, the signature and seal of this authority are approved by the authority to which the notary’s signature is attached, by the Turkish Consulate at that location.

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