Question 1

Can foreign nationals buy property anywhere in Türkiye?

Accepted Answer

No. Article 35 of Land Registry Law No. 2644 provides for a limit of thirty hectares nationwide and ten percent of the area subject to private ownership in each district, restrictions on military prohibited and security zones, and restrictions determined on a country basis. Before purchase, whether the property is caught by these limits is checked through the land registry directorate.

Question 2

What risks does buying a home without an occupancy permit involve?

Accepted Answer

In buildings without an occupancy permit, it may not be possible to convert to condominium ownership, problems may arise with utility subscriptions, and administrative sanctions may apply if the building is contrary to zoning legislation. The use of mortgage loans and future sales are also affected.

Question 3

What is the difference between a construction servitude and condominium ownership?

Accepted Answer

A construction servitude (kat irtifakı) is a right established on the basis of the land share before the building is completed. After the building is completed and the occupancy permit is obtained, the construction servitude is converted into condominium ownership under Condominium Law No. 634, and full ownership arises over the independent unit.

Question 4

Is a promise to sell that was not made before a notary valid?

Accepted Answer

A promise to sell immovable property is subject to official form and must be executed before a notary (TBK Art. 237 and the Notaries Law). Promises made in simple written form are, as a rule, invalid; in that case, claims such as the return of the price paid are assessed separately.

Question 5

Is there a risk in declaring a sale price at the land registry below the real price?

Accepted Answer

Yes. Title deed fees are charged on the declared price under Fees Law No. 492; a declaration below the real price, if discovered later, may result in a fee difference and a tax loss penalty. In addition, in a later dispute such as withdrawal from the contract, defects or title cancellation, it becomes difficult to prove the price to be refunded. Making payments through a bank with a description also provides protection in this respect.

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