REAL ESTATE LAW

Real estate law in Turkey turns on one thing above all: what the land register says. This page sets out the framework. It covers how ownership passes, what condominium title means, the rules that apply to buyers who are not Turkish nationals, and where the figures come from. If you want to know how a matter is actually run and what instructing us involves, see Real Estate Lawyer in Turkey. Every provision referred to below is listed with its source at the end of the page.

The land register decides

Ownership of immovable property is acquired by registration, not by signature or payment. Contracts intended to transfer ownership are valid only if made in official form, which in practice means before a registrar at the land registry office (Art. 705 and 706 Civil Code No. 4721). A private written agreement with an agent or a developer creates no title, whatever it is called.

The register carries more than the owner’s name. Mortgages, attachments, annotations and declarations sit in their own columns, and they bind a later buyer. The State is liable for all loss arising from the keeping of the land register, and such claims are heard by the court of the place where the register is kept.

A promise to sell (taşınmaz satış vaadi) must be executed before a notary and can be annotated on the title, where it binds subsequent owners. The annotation is not permanent: if no sale takes place within five years of it, the registry deletes it of its own motion. Pre-emption, repurchase and purchase rights can be agreed for a maximum of ten years.

Condominium title and the occupancy permit

Two different rights are often both called a title deed. Construction servitude (kat irtifakı) is a right over a plot that is not yet built or not yet finished, allocated to a future unit and recorded with the land share in the declarations column. Condominium ownership (kat mülkiyeti) applies to the completed building. Where the register shows only construction servitude, the building is not complete as a matter of registration.

Completion is defined by the occupancy permit: the day construction is finished is the day the permit is issued. Until it is granted, the building is not connected to electricity, water or sewerage, although individual units that have obtained it are supplied (Art. 31 Zoning Act No. 3194).

Acquisition by foreign nationals

Nationals of countries determined by the President may acquire immovable property and limited rights in rem, subject to statutory limits. The total area held by one person cannot exceed ten per cent of the privately owned area of the district concerned, and thirty hectares nationwide. The President may raise the per-person figure up to double (Art. 35 Land Registry Act No. 2644, as amended by Act No. 6302 of 03.05.2012). The same article governs the points below.

• Foreign commercial companies formed under the law of their own country may acquire only within the framework of specific statutes; other foreign legal persons may not acquire at all, and no limited right in rem may be created in their favour.
• Where unbuilt land is acquired, the buyer must submit the planned project to the relevant Ministry for approval within two years. The approved project is entered in the declarations column and its implementation is monitored.
• Military prohibited zones, military security zones and special security zones are handled through maps and coordinates supplied to the land registry administration. The check runs at the registry; it is not a separate application by the buyer.
• Property acquired by inheritance beyond the limits, or acquired contrary to the article, is liquidated and the proceeds paid to the person entitled if it is not disposed of within the period set.

Where a party does not speak Turkish, a sworn interpreter must attend the land registry, signs the official deed and is identified in it. Staff of the office carrying out the transaction cannot act as interpreter. Where the parties are at different land registry offices or at a Turkish mission abroad, their declarations may be taken separately and the contract completed afterwards.

Buying off plan

Sales of housing paid for in advance of completion have their own regime under the Consumer Protection Act No. 6502. Either the sale is registered on the title or the promise to sell is executed before a notary; until a valid contract exists the seller may not ask for payment under any description, or for any document placing the buyer under an obligation.

• Withdrawal within fourteen days, without reason and without penalty.
• Delivery must take place within the period agreed, and in no case later than forty-eight months from the date of contract.
• Cancellation without reason is possible for up to twenty-four months from the date of contract; the seller may then claim taxes and charges arising from the sale plus a compensation rising in steps from two to eight per cent of the contract value according to how much time has passed.

Costs, insurance and currency

• Transfer fee. Charged on the declared transfer value, which cannot be lower than the property tax value, and levied separately on the transferor and the transferee. The rate is 20 per mille on each side, four per cent in total (as of 23 August 2026).
• Compulsory earthquake insurance. Required for units under the Condominium Act and for buildings constructed as dwellings on registered private land, and renewed annually. The land registry cannot complete a registration or deletion without proof of a policy valid on the date of the transaction.
• Currency. Persons resident in Turkey may not agree a sale or rental price, or payment obligations arising from such contracts, in foreign currency or indexed to it. A person resident in Turkey is one whose legal domicile is in Turkey, so the rule does not catch a buyer domiciled abroad.
• Capital gains. Gains from disposal within five years of acquisition fall within income tax.
• Valuation report. A report by a licensed valuation firm is required under a circular of the General Directorate of Land Registry and Cadastre where the acquisition is to be used for a citizenship or residence permit application. It is an administrative requirement, not a condition of the Land Registry Act, and it does not apply to a purchase made without that purpose.

Succession

Turkish law applies to the succession of immovable property situated in Turkey, whatever the nationality of the deceased; succession to the rest of the estate follows the deceased’s national law. The rules on grounds for opening the estate, its acquisition and its division follow the law of the country where the estate is located.

Citizenship through property

Acquiring property does not lead to naturalisation by itself. A separate route exists under the regulation implementing the citizenship law, with a minimum value and a three-year holding period recorded on the title. The thresholds, the categories and the procedure are set out in Turkish citizenship by investment in real estate, and the checks that matter beforehand in due diligence when buying property.

Legislation referred to on this page

As of 23 August 2026. Checked against the official texts on mevzuat.gov.tr. Thresholds and rates change, so check the date before relying on a figure.

How these rules play out in a particular purchase, and what instructing us involves, is set out on Real Estate Lawyer in Turkey. To discuss a specific property, use the contact form or call +90 242 242 34 42.

This page gives general information and does not replace advice on the individual case. Kunut Law Firm.