BlogBuying Property in Turkey as a Russian Citizen: 50 Legal Questions and Answers

A legal guide for Russian citizens · Updated October 2026

An attractive property and an agreed price do not yet make a safe transaction. Title, encumbrances, zoning status, the form of the contract and the payment procedure should all be checked before any deposit is paid.

This guide answers 50 legal questions on buying property in Turkey as a Russian citizen: the right to buy, due diligence, contracts and payment, the title deed (tapu), taxes, residence permits, citizenship by investment, renting, inheritance and buyer protection. Each answer states its legal basis.

Key point: ownership passes only on registration in the land registry. Do not pay a deposit until the property, the seller and the payment method have been checked.

Contents

• I. Can Russian citizens buy property in Turkey?
• II. Choosing a property and checking title
• III. Sale contracts, deposits and payments
• IV. Transfer of ownership and title deed (tapu) registration
• V. Taxes, government fees and additional costs
• VI. Property ownership and residence permits
• VII. Turkish citizenship through real estate investment
• VIII. Renting, managing and selling property
• IX. Inheritance, divorce and common ownership
• X. Fraud, construction problems, disputes and legal protection

I. Can Russian citizens buy property in Turkey?

1. Can Russian citizens buy property in Turkey?

Yes. As a rule, Russian citizens may buy property in Türkiye, provided that the rules on the acquisition of real estate by foreigners are complied with.

Under Article 35 of Law No. 2644 on Land Registry, citizens of the states determined by the President may acquire real estate in Türkiye within the limits set by law. The official list of these states is not published. For that reason, whether citizens of a particular state may buy is confirmed by the practice of the land registry authorities and by official information.

Real estate may be acquired to live in, as an investment or to carry on business, provided that it is located in a permitted zone and the other requirements of the law are met. A Turkish residence permit is not required for the purchase.

Legal basis: Law No. 2644 on Land Registry, Article 35.

2. Can Russian citizens buy property in any part of Turkey?

No. Restrictions or prohibitions apply to foreigners in certain zones, including prohibited military zones, security zones and other zones where the rules do not allow foreigners to acquire real estate.

Before paying any money or signing a contract, the buyer should obtain confirmation from the land registry that the property can be registered in the buyer’s name.

The list of states and any additional conditions for citizens of particular states are not officially published. For that reason, whether a specific property can be registered in the buyer’s name is checked with the land registry for that property.

Legal basis: Law No. 2644 on Land Registry, Article 35; rules on prohibited military zones and security zones.

3. Is there a limit on how much property a Russian citizen can own in Turkey?

Yes. Under Article 35 of Law No. 2644 on Land Registry, the total area of real estate and of independent and permanent rights that one foreign individual may acquire across the whole of Türkiye may not, as a rule, exceed 30 hectares.

In addition, the total area of real estate owned by foreigners in each district (ilçe) is limited to 10% of the privately owned land in the district.

Whether these limits allow a specific property to be acquired should be checked with the land registry before the transaction is carried out.

Legal basis: Law No. 2644 on Land Registry, Article 35.

4. Do I need a Turkish residence permit or a Turkish tax number to buy property?

A residence permit is not required to buy property in Türkiye (see question 1). Owning property and the right to live in Türkiye are separate legal matters (see Section VI).

In practice, a Turkish tax identification number is needed to complete the title deed (tapu) transfer transaction and the payments connected with it. A foreigner who does not have a Turkish identification number can obtain one from a Turkish tax office; this number is also used later for tax matters relating to the property.

As a rule, the following are required: a valid passport, a Turkish tax number, the payment documents needed for the transaction and, where necessary, official translations. If the buyer is not present in person, a valid power of attorney with the necessary powers is required (see question 18). Additional documents may be requested depending on the property, the payment method and the buyer’s circumstances. The final list should be confirmed with the relevant land registry office (tapu müdürlüğü) before the date set for the transfer.

Legal basis: Law No. 2644 on Land Registry; secondary rules of the General Directorate of Land Registry and Cadastre (TKGM); Law No. 213, the Tax Procedure Law (tax identification number).

5. Can I buy property through a Turkish company rather than in my own name?

Yes, but the legal position is then different. Buying in the name of a company registered in Türkiye affects ownership, the applicable legal restrictions, taxation and the possibility of using the property to obtain a residence permit or citizenship.

If a Russian citizen buys property in their own name, it is registered in the land registry directly in that person’s name. If the purchase is made by a Turkish company, the legal owner is the company, not its Russian shareholder or member.

Not all Turkish companies with foreign shareholders are subject to the same restrictions. Under Article 36 of Law No. 2644 on Land Registry, whether the special rules for companies with foreign capital apply depends on factors such as the share of foreign participation or control and the structure of the company. Companies to which these special rules do not apply may, as a rule, acquire real estate under the general rules laid down for domestic companies.

This distinction also matters for residence permits and citizenship. Property registered in the name of a company is not regarded as the personal property of the foreign shareholder. It should therefore not be assumed that a purchase through a Turkish company gives the same rights to a residence permit or citizenship as a personal investment.

The tax treatment, accounting, running costs and corporate liability may also differ from those that apply to personal ownership. Before choosing how to buy, the investment purpose, the company’s activities, its shareholder structure, the legal restrictions and the tax consequences should be analysed.

Legal basis: Law No. 2644 on Land Registry, Articles 35 and 36; Turkish Commercial Code No. 6102; Law No. 6458 on Foreigners and International Protection, Article 31; Law No. 5901 on Turkish Citizenship and its secondary legislation.

II. Choosing a property and checking title

6. What is a title deed (tapu) and how do I check that it is genuine?

The title deed (tapu, the TAPU document) is the official title document confirming the rights to real estate registered in Türkiye’s land registry system. The registry records details such as the owner, the plot number, the location, the area, the type of property and the ownership shares.

A photograph or copy of the title deed is not enough to establish the legal status of a property, and receiving such a copy from the seller or an agent guarantees neither ownership nor the absence of legal restrictions. Ownership must be checked against the official land registry records. The seller’s identity must match the registered owner; it is also necessary to check for mortgages, attachments, third-party rights of use and other annotations in the registry. If the seller acts through a representative, the validity and scope of the powers under the power of attorney must also be checked.

Legal basis: Turkish Civil Code No. 4721; rules on keeping the land registry.

7. What legal checks should be carried out before buying?

Before buying, the legal, registration and construction status of the property should be checked. This legal review (due diligence) makes it possible to identify risks that may affect ownership, the use of the property or the value of the investment. The main checks are:

• Ownership and registry entries: whether the seller is the registered owner; mortgages, attachments, easements, restrictions on disposal and other third-party rights.
• Construction status: the building permit (yapı ruhsatı), the occupancy permit (yapı kullanma izin belgesi, usually called iskân), the lawful designated use of the property, and whether the actual property matches the official documents.
• Restrictions on foreigners: whether a Russian citizen may lawfully acquire property in the zone concerned.
• Debts and obligations: possible debts connected with the property, building maintenance contributions and existing tenancy agreements.
• Contract and payment terms: the price, the payment method, the transfer date, the parties’ obligations, and the conditions for terminating the contract or refunding money.

If the buyer intends to apply for a residence permit on the basis of the property, it should also be checked whether a restriction on the registration of foreigners applies to the property’s address (see question 27). Under the requirements of the Migration Administration, the value of the property on the date of purchase must be at least the Turkish lira equivalent of USD 200,000. The property must be residential and used by the applicant as their own home; it may not be let or used to generate income (see Section VI).

These conditions differ from the minimum threshold of USD 400,000 for obtaining citizenship through real estate investment (see Section VII). Meeting them does not by itself guarantee that a residence permit will be granted, so they should be checked before the contract is signed and before any payments are made.

Legal basis: Turkish Civil Code No. 4721; Law No. 2644 on Land Registry, Article 35; Law No. 3194 on Zoning; Law No. 6458 on Foreigners and International Protection, Articles 31(1)(b) and 31(6); requirements and practice of the Migration Administration.

8. How do I find out whether a property has debts, a mortgage or attachments?

The official land registry records (tapu sicili) and the section showing registered restrictions and rights (takyidat) must be checked. This makes it possible to identify a bank mortgage (ipotek), an attachment (haciz), an easement (irtifak hakkı), a restriction on disposal or other third-party rights.

However, not all debts connected with a property appear in the land registry. Building maintenance contributions, certain tax liabilities and utility arrears may have to be checked separately. The buyer should therefore not rely only on a copy of the title deed or on the seller’s statements. Before the transfer, the official records must be examined and documents on possible debts obtained.

Legal basis: Turkish Civil Code No. 4721, Article 1020, and rules on keeping the land registry; Law No. 634 on Condominium Ownership (building maintenance contributions).

9. Can I buy a property that is subject to a bank mortgage?

Yes. A bank mortgage (ipotek) does not necessarily prevent a sale, but buying a mortgaged property may create significant legal and financial risks for the buyer.

A mortgage is a right in rem registered against a property to secure the claim of a creditor, as a rule a bank. The transfer of ownership to a new buyer does not by itself extinguish the mortgage. If it remains registered and the secured debt is not repaid, the property may be enforced against.

Before buying, the amount and status of the debt, the terms for its repayment, the necessary consents and the procedure for officially releasing the mortgage at the land registry should be checked. If the debt is to be repaid out of the purchase price, the payment and the release of the mortgage should be arranged so that the buyer is not exposed to unnecessary risk before the property is freed from the encumbrance.

Legal basis: Turkish Civil Code No. 4721, Article 888, and rules on mortgages over immovable property.

10. What are the risks relating to the building permit, iskân and unlawful construction?

The existence of a title deed (tapu) does not mean that every part of a building is lawful or complies with the permits issued. The key document is the building permit (yapı ruhsatı), which is usually issued by the municipality or the competent authority and sets out the plans and conditions on which construction was permitted. The buyer should compare the property with the building permit, the approved architectural plan (onaylı mimari proje), the zoning status and the municipality’s records.

‘İskân’ is the commonly used name for the occupancy permit (yapı kullanma izin belgesi). As a rule, it is issued after construction is completed, if the building is found to comply with the building permit, the approved plans and the technical requirements. Its absence may affect the lawfulness of using the property, connection to utility networks and certain administrative procedures. The building permit, the occupancy permit, kat irtifakı (the right to a future unit in a building under construction) and condominium ownership (kat mülkiyeti) are different documents and legal statuses.

If a property has no occupancy permit or was built in breach of the permit, the competent authorities may, on the conditions laid down by law, suspend construction, require the breach to be remedied, issue a demolition decision or impose administrative fines. The absence of iskân does not in every case mean a demolition decision. Each building must be assessed in the light of its documents, the date of construction, the type of breach and the administrative decisions already taken.

Some older buildings have a building registration certificate (yapı kayıt belgesi) issued under the 2018 zoning amnesty (imar barışı). This certificate is not equivalent to an occupancy permit and does not by itself guarantee that the building is fully lawful or earthquake-resistant. Its validity, and the legal and technical condition of the building, should be checked before purchase.

If the actual building differs from the official documents, it is advisable to have a review carried out with a lawyer and a technical expert before any payments are made.

Legal basis: Law No. 3194 on Zoning, Articles 20, 21, 30, 31, 32, 42 and Provisional Article 16 (added by Law No. 7143); Law No. 634 on Condominium Ownership.

III. Sale contracts, deposits and payments

11. Are a private contract and payment enough to become the owner?

No. Ownership of real estate in Türkiye passes when the transfer is officially registered in the land registry in the buyer’s name.

A private sale contract that does not meet the formal requirements laid down by law cannot transfer ownership. A payment receipt does not by itself create a right of ownership. It nevertheless remains important evidence of payment and of the right to claim a refund if the contract proves to be invalid.

A promise-to-sell contract (satış vaadi sözleşmesi) is an agreement under which the seller undertakes to transfer the property to the buyer in the future on agreed terms. It must be concluded in official form before a notary. A promise-to-sell contract that does not meet this formal requirement is void. Such a contract does not by itself transfer ownership, but, in the cases permitted by law, having it annotated in the land registry may protect the buyer’s contractual rights (see question 49).

Before paying significant sums, the buyer should check the legal form of the contract, the conditions for the transfer of ownership and the safeguards for the buyer’s money.

Legal basis: Turkish Civil Code No. 4721, Article 705; Turkish Code of Obligations No. 6098, Article 237.

12. The seller has taken my deposit and refuses to transfer the property: can I get my money back?

The buyer’s rights depend on whether the contract is valid, on the type of transaction, the payment terms and the reason for the refusal.

Under Article 237 of the Turkish Code of Obligations No. 6098, a contract for the sale of real estate and a promise-to-sell contract must be concluded in the official form prescribed by law. A private contract that is not in that form is not, as a rule, by itself a sufficient basis for compelling the seller to transfer ownership. Where there is a valid and enforceable contract, the buyer may, depending on the circumstances, claim performance, transfer of ownership by court decision or compensation for losses caused by the breach of contract.

For off-plan (prepaid) housing sales, Article 41 of Law No. 6502 on Consumer Protection provides special protection: the seller may not later rely against the consumer on a failure to comply with the form of contract required by law.

The word ‘kapora’ does not by itself mean that the seller is entitled to keep the money if the transaction does not go ahead. Turkish law distinguishes three types of payment:

• Earnest money (bağlanma parası): under Article 177, a payment made when the contract is concluded is, as a rule, evidence that the contract was concluded, not a payment for the right to withdraw from it. Unless otherwise agreed, it is set off against the price.
• Forfeit money (cayma parası): under Article 178, if this has been agreed, the party who made the payment and withdraws from the contract loses it, while the party who received it must, as a rule, return double the amount if that party withdraws.
• Advance payment (avans): a part of the price that is refundable depending on the terms of the contract and on whether the obligations have been performed.

These rules should not be applied without first checking the validity of the main contract. If the contract is invalid because the required form was not observed, a refund may be claimed under the rules on unjust enrichment. However, invalidity does not mean that all costs or losses are compensated automatically.

A buyer cannot unilaterally terminate any real estate contract merely because the buyer has had a change of mind. If the seller breaches material obligations, the buyer may withdraw from the contract, claim a refund of the money paid or claim compensation for losses in accordance with the Turkish Code of Obligations No. 6098. If the contract was concluded under the influence of fraud, the rules on defects of consent apply (see question 49). In off-plan (prepaid) housing sales to consumers, special rights of withdrawal and termination apply (see question 47).

Keep the contract, the payment receipts, the correspondence and the evidence of the seller’s obligations.

Legal basis: Turkish Code of Obligations No. 6098, Articles 36, 39, 77, 112, 117, 123–125, 177, 178 and 237; Law No. 6502 on Consumer Protection, Articles 40–45.

13. How can a Russian buyer pay for a property?

Having an account with a Turkish bank is not by itself a legal condition for owning real estate. What matters is that the payments can be proved and that the foreign exchange and banking rules are complied with. When foreign individuals buy real estate, the price is, as a rule, paid in the manner provided for by the foreign exchange procedure described in question 14.

Whether funds can be transferred from Russia, and how, depends on the rules of the banks involved, the compliance checks they carry out and the restrictions affecting the parties or the payment. Turkish banks apply anti-money laundering rules and check the source of funds, and in practice they may scrutinise transfers connected with Russia more closely. It therefore cannot be assumed that any transfer from Russia will be accepted. Before signing the contract, the buyer should agree with the receiving bank the payment method, the documents evidencing the source of funds and the other requirements.

Payment through non-transparent channels or without proper documents may lead to banking and tax problems and make it harder to prove payment in the event of a later dispute. It may also prevent the purchase from being registered or from being counted for the purposes of obtaining citizenship (see Section VII).

Tercan Legal advises on Turkish law and does not assist in circumventing sanctions, foreign exchange or banking restrictions. Restrictions under Russian law on transfers abroad should be clarified with a Russian bank or adviser.

Legal basis: Turkish foreign exchange legislation and TKGM Circular 2022/1; Turkish banking legislation and anti-money laundering legislation.

14. What is a foreign exchange purchase certificate (DAB)?

A foreign exchange purchase certificate (Döviz Alım Belgesi, DAB) is a bank document confirming the sale of foreign currency to a Turkish bank as part of the procedure for the acquisition of real estate by foreigners.

Since 24 January 2022, as a general rule, foreign individuals acquiring real estate in Türkiye have been required to obtain a DAB through the prescribed banking procedure before the title deed (tapu) transfer. Exceptions and transitional provisions are set out in TKGM Circular 2022/1 and must be checked for each transaction.

A DAB is not equivalent to a receipt for payment of the price to the seller. For a purchase made in order to obtain Turkish citizenship, a bank transfer receipt confirming the buyer’s payment to the seller is also required (see Section VII). Both the foreign exchange documents and the payment documents should therefore be kept.

Legal basis: TKGM Circular 2022/1 (dated 21 January 2022, as amended in August 2022); TKGM announcement of 26 January 2022; rules of the Central Bank of the Republic of Türkiye.

15. Can the price be set in US dollars or euros?

For a Russian buyer, as a rule, yes.

As a general rule, persons who are residents of Türkiye may not agree between themselves the price or other payment obligations under contracts for the sale or lease of real estate in Türkiye in foreign currency or indexed to foreign currency. This applies to both housing and commercial premises. ‘Resident of Türkiye’ means a person who has their legal domicile (kanuni yerleşim yeri) in Türkiye, and this status does not depend on citizenship.

This rule does not prevent a Russian buyer from agreeing a price in foreign currency, for two reasons:

• A Russian citizen living in Russia is not a resident of Türkiye, so the restriction, which applies only between residents, does not apply to the contract.
• A Russian citizen living in Türkiye is covered by an express exception: foreigners who are residents of Türkiye and do not hold Turkish citizenship may agree a price in foreign currency if they act as buyer or tenant.

The position is different in two cases:

• The Russian owner acts as seller or landlord and lives in Türkiye, and the buyer or tenant is also a resident of Türkiye (for example, a Turkish citizen living in Türkiye). In that case the price must be set in Turkish lira.
• The buyer has also become a Turkish citizen, for example by obtaining citizenship through investment, and lives in Türkiye, and the seller or landlord is also a resident of Türkiye. In that case the exception for foreigners no longer applies to the buyer.

Agreeing a price in foreign currency in breach of these rules may lead to an administrative fine, and the price must be determined in Turkish lira.

Whatever the currency of the contract, for the purposes of the title deed transfer fee (tapu harcı) the price is stated in the title deed in Turkish lira (see question 22). For purchases made in order to obtain citizenship, the value of the investment is confirmed in US dollars under a special procedure (see Section VII).

Legal basis: Decree No. 32 on the Protection of the Value of Turkish Currency, Article 4(g); Communiqué No. 2008-32/34, Article 8; Law No. 1567 on the Protection of the Value of Turkish Currency.

IV. Transfer of ownership and title deed (tapu) registration

16. What are the legal steps in a purchase, from the start of the transaction to receiving the title deed (tapu)?

As a rule, a purchase begins with choosing a property and carrying out legal due diligence on it (see question 7). The identities of the parties and their documents, the title deed (tapu) details, and the existence of debts and registered restrictions are then checked.

Once the price and terms have been agreed, payment is made and the necessary foreign exchange procedures are completed (see questions 13–14). The parties then attend the land registry office (tapu müdürlüğü) for the official transfer of ownership. If the property is subject to compulsory earthquake insurance, the buyer must take out a compulsory earthquake insurance (DASK) policy in the buyer’s own name before the transfer (see question 20).

Ownership passes at the moment the transfer is registered in the land registry in the buyer’s name. Paying the price or signing a private contract is not enough to transfer ownership (see question 11).

Legal basis: Turkish Civil Code No. 4721, Article 705; Law No. 2644 on Land Registry.

17. What documents does a Russian citizen buyer need?

As a rule, the list of documents includes:

• a valid passport and, if the land registry so requires, a notarised translation of it into Turkish;
• a Turkish tax identification number (see question 4);
• recent photographs, if the land registry office requires them;
• the payment and foreign exchange documents needed for the transaction (see questions 13–14);
• a DASK policy in the buyer’s name, if the property is subject to compulsory earthquake insurance (see question 20).

If the buyer is not present in person, a valid power of attorney with the necessary powers is required (see question 18). Additional documents may be requested depending on the property, the payment method and the buyer’s circumstances. The final list should be confirmed with the relevant land registry office before the date set for the transfer.

Legal basis: Law No. 2644 on Land Registry; secondary rules of the General Directorate of Land Registry and Cadastre (TKGM).

18. Can I buy property without travelling to Turkey?

Yes. A Russian citizen buyer can make the purchase through a representative who holds a valid power of attorney with sufficient powers.

Russia and Türkiye are parties to the 1961 Hague Apostille Convention. For that reason, a power of attorney executed before a notary in Russia must, as a rule, bear an apostille and be accompanied by a notarised translation into Turkish in order to be used at the Turkish land registry. A power of attorney can also be executed at a Turkish consulate. A power of attorney executed in Russia without these formalities is not sufficient for carrying out registration transactions at the Turkish land registry.

The power of attorney must expressly cover the intended acts, including the purchase and the transfer of the property. It is best to agree the wording of the powers with the land registry, or with the lawyer handling the transaction, before it is signed.

Legal basis: Turkish Code of Obligations No. 6098 (representation); 1961 Hague Apostille Convention; TKGM Circular 2015/5 and its supplementary guide.

19. Is it mandatory to use a lawyer?

No. As a general rule, the law does not require a lawyer to be involved in an ordinary property purchase.

Nevertheless, an independent lawyer can play a significant role in checking ownership, registered restrictions, the contracts, the payment arrangements, the seller’s liability and the legal risks of the transaction. Legal due diligence before signing is particularly important in complex transactions, purchases from a developer, purchases by power of attorney and purchases made in order to obtain citizenship.

Legal basis: Turkish Civil Code No. 4721; Turkish Code of Obligations No. 6098; rules on carrying out registration transactions at the land registry.

20. Is a valuation report or DASK insurance required for an ordinary purchase?

Valuation report: no. Under the current rules of the General Directorate of Land Registry and Cadastre (TKGM), a valuation report is not, as a general rule, required when a foreigner buys real estate in an ordinary transaction. The general requirement for a valuation report on purchases of real estate by foreigners was abolished in 2024. Nevertheless, an independent valuation can help the buyer to check the real market price and identify certain investment risks. The position is different for a purchase made in order to obtain Turkish citizenship: the value of the investment must be confirmed under a special procedure (see question 32).

DASK: DASK is the compulsory earthquake insurance in Türkiye. It covers certain damage caused by an earthquake to the buildings to which it applies, within the policy limits. From 5 September 2026, on a sale, the previous owner’s policy ends on the day the transfer is registered and does not pass to the buyer; the land registry checks that there is a DASK policy in the new owner’s name. The buyer therefore needs to take out their own policy before registration. This applies to the transfer of ownership. Signing a notarised promise-to-sell contract (satış vaadi sözleşmesi) does not by itself require a DASK policy to be taken out in the buyer’s name. DASK is not a substitute for comprehensive buildings or home contents insurance.

Legal basis: TKGM Circular 2024/4; General Conditions of Compulsory Earthquake Insurance, Article C.4 (in the version published in the Official Gazette on 21 August 2026); Law No. 6305 on Catastrophe Insurance.

V. Taxes, government fees and additional costs

21. What additional costs are involved in a purchase?

In addition to the price, the buyer should budget for:

• the title deed transfer fee (see question 22) and land registry service charges;
• official translations and, if the buyer does not speak Turkish, the services of a sworn interpreter at the transfer;
• notary costs, for example for a power of attorney or a promise-to-sell contract;
• compulsory earthquake insurance (DASK), if it applies (see question 20);
• professional fees, for example for legal services and valuation services;
• bank charges.

Depending on the transaction, VAT (KDV) (see question 23) or the cost of a valuation report may also arise. The exact amounts depend on the declared value, the type of property, the parties’ circumstances and the tariffs in force at the relevant time. The total budget should be calculated before any commitments are entered into.

Legal basis: Law No. 492 on Fees; Law No. 3065 on VAT; tariffs for land registry services.

22. How much is the title deed transfer fee (tapu harcı)?

On an ordinary sale, the title deed transfer fee is, as a rule, 4% in total of the declared actual transfer value: 2% is charged to the buyer and 2% to the seller. The value applied may not be lower than the property’s assessed tax value (emlak vergi değeri).

The parties may agree between themselves who actually pays the fee, but such an agreement does not change each party’s legal liability towards the tax authority. Understating the real price in the official documents may lead to an additional assessment of fees and other legal consequences. Land registry service charges are payable in addition to the fee.

Legal basis: Law No. 492 on Fees, Tariff No. 4 (land registry transactions).

23. Are foreign buyers exempt from VAT?

Not automatically. Under Article 13(i) of the VAT Law, the first supply of a residential or commercial unit built for that purpose may be exempt from VAT when sold to buyers who meet the prescribed requirements. These include foreign individuals who are not residents of Türkiye. An essential condition is that the price is paid in foreign currency brought into Türkiye: at least 50% of the price must be brought in before the invoice date, and the balance within one year at the latest.

Before relying on the exemption, Russian citizen buyers should therefore check two points. Are they regarded as persons who are not residents of Türkiye? And can the price be transferred to Türkiye in foreign currency through a banking channel (see question 13)? The exemption does not apply to property on the resale market.

If a property acquired under the exemption is sold within three years of the transfer, the unpaid VAT must be paid, together with deferral interest, before the title deed transaction is carried out. This rule has applied since 1 May 2022 (previously one year). It should be distinguished from the three-year undertaking not to sell the property for the purposes of obtaining citizenship (see question 33).

Legal basis: Law No. 3065 on VAT, Article 13(i), as amended by Law No. 7394; VAT General Implementation Communiqué.

24. What are the annual costs of owning a property?

Owners pay property tax (emlak vergisi) to the municipality every year. It is calculated on the property’s tax value as set by the municipality (emlak vergi değeri), not automatically on the purchase price. The standard rates are:

• Residential property: 0.1% outside metropolitan cities; 0.2% within metropolitan boundaries
• Commercial buildings: 0.2% outside metropolitan cities; 0.4% within metropolitan boundaries
• Building plots (arsa): 0.3% outside metropolitan cities; 0.6% within metropolitan boundaries
• Other land (arazi): 0.1% outside metropolitan cities; 0.2% within metropolitan boundaries

The tax is usually paid in two instalments: in March–May and in November. Exemptions and reduced rates exist, but whether they apply must be checked in each individual case.

Owners should also budget for building maintenance contributions (aidat, see question 39), utility bills, insurance and upkeep.

Legal basis: Law No. 1319 on Property Tax, Articles 8, 18 and 30.

25. The double taxation agreement between Russia and Turkey: where is income from property taxed?

A double taxation agreement is in force between Russia and Türkiye. It was signed on 15 December 1997, approved in Türkiye by Law No. 4426 and has applied since 1 January 2000.

Under the agreement:

• Rental income and other income from real estate located in Türkiye may be taxed in Türkiye (Article 6). This applies to income from the use of real estate, from letting it or from its use in any other form.
• Gains from the sale of real estate located in Türkiye may also be taxed in Türkiye (Article 13(1)).
• Double taxation is eliminated in the owner’s country of residence: tax paid in Türkiye may be credited against the tax due there on the same income, up to the amount of tax which that country charges on such income (Article 22).

Income from Turkish real estate is therefore, as a rule, taxed in Türkiye under Turkish rules (see questions 37 and 40), and the owner’s country of residence gives a credit for the Turkish tax.

Tax residence is not determined by citizenship. A Russian citizen may be a tax resident of Türkiye, Russia or another country, depending on where they live and on other factors. Tercan Legal advises on Turkish law. Tax obligations in Russia, including declaring income from real estate in Türkiye and obtaining the credit, should be clarified with a Russian tax adviser.

Legal basis: Agreement between the Government of the Republic of Türkiye and the Government of the Russian Federation for the Avoidance of Double Taxation with respect to Taxes on Income (Law No. 4426), Articles 6, 13(1) and 22.

VI. Property ownership and residence permits

26. Does buying property give me the right to a residence permit?

Owning residential property may serve as a basis for obtaining a short-term residence permit, but it does not guarantee one. Under the requirements that the Migration Administration has applied since 16 October 2023:

• the value of the property on the date of purchase must be at least the Turkish lira equivalent of USD 200,000;
• the property must be residential and must be used by the foreigner as their own home;
• under these requirements, the property may not be rented out or otherwise used to generate income.

For inherited or gifted property, an up-to-date valuation report is generally requested.

These conditions should not be confused with the USD 400,000 minimum for obtaining citizenship through real estate investment (see Section VII). The decision to grant or renew a residence permit is made by the Migration Administration, and the rules in force at the time of application apply.

Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 31(1)(b) and 31(6); requirements and practice of the Migration Administration.

27. What are “closed neighbourhoods” and do I need to check them before buying?

From 2022 onwards, the Migration Administration closed certain neighbourhoods (mahalle), in which the share of foreigners exceeded the set threshold, to new address registrations by foreigners and to first-time residence permit applications.

According to reports from practising lawyers, this restriction has not been applied in Istanbul since June 2026. However, as at the date of this update we were unable to find an official announcement by the Migration Administration lifting it, and the restrictions may be reintroduced.

Anyone buying or renting a home in order to obtain a residence permit should therefore check with the provincial migration directorate, before the purchase, whether an application is accepted for the specific address. Being able to buy a property does not mean being able to obtain a residence permit on the basis of it.

Legal basis: Announcements and practice of the Migration Administration.

28. What happens to my residence permit if I sell the property?

A residence permit based on property ownership is issued for a limited period and must be renewed under the general renewal rules. Under the Migration Administration’s requirements, a first application generally requires an address number certificate (numarataj) from the municipality, and a renewal requires a document confirming that ownership continues (tapu devam belgesi).

If the basis for the residence permit has ceased to exist, for example because the property has been sold, the short-term residence permit is not renewed or is cancelled. In that case, a move to another type of residence permit should be considered in advance.

Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 24, 29 and 33(1)(a); requirements and practice of the Migration Administration.

29. Can my family obtain residence permits on the basis of my property?

Two options are possible.

Co-owners: if the property belongs to family members in co-ownership in shares or joint ownership, the Migration Administration generally requires a document proving the family relationship with the persons named in the title deed (tapu). Documents issued in Russia generally require an apostille and a notarised translation into Turkish. Whether each family member can obtain a residence permit on this basis, and whether the requirements on the value and use of the property are met, is assessed for each application.

Family residence permit: the spouse and minor or dependent children may apply for a family residence permit, with the property owner who holds a residence permit acting as the sponsor (destekleyici). The sponsor must meet the conditions laid down by law. These include sufficient monthly income, health insurance and, as a rule, at least one year of residence in Türkiye on a residence permit (see our guide Turkey Residence Permit for Russian Citizens: 50 Questions and Answers, questions 16–17).

Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 31(1)(b), 34 and 35; requirements and practice of the Migration Administration.

30. Can I rent out the property and keep the residence permit based on it?

As a rule, no. If the property is the basis for the owner’s residence permit, the Migration Administration’s requirements do not allow it to be rented out or otherwise used to generate income. An owner who wants to rent out the property should not use it as the basis for a residence permit; they should consider another basis for residence in advance.

In other cases, Turkish law permits property to be rented out; the rules on long-term and short-term rentals are explained in question 36.

Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 31(1)(b) and 31(6); requirements and practice of the Migration Administration.

VII. Turkish citizenship through real estate investment

31. Can I obtain Turkish citizenship by buying property?

Yes. Russian citizens may apply for Turkish citizenship through investment in Turkish real estate if they meet the conditions laid down by law.

Under Article 20(2)(b) of the Regulation on the Implementation of the Turkish Citizenship Law, the minimum real estate investment is USD 400,000 or the equivalent of that amount in foreign currency. The property must meet the conditions laid down by law, and an undertaking not to sell it for three years must be entered in the land registry as an annotation.

Since 12 December 2023, only the following count for citizenship purposes:

• independent units (bağımsız bölüm) separated in the registry under Law No. 634 on Condominium Ownership, that is, with kat mülkiyeti or kat irtifakı established;
• building plots (arsa) on which there is a lawfully constructed permanent building with an occupancy permit.

Agricultural land and undeveloped plots do not count. Several properties may be combined, provided that together they reach the threshold amount, each of them meets the requirements and all of them are registered in the applicant’s own name. Property bought before 12 January 2017 does not count. Property registered in the name of the applicant’s spouse, children or company is not counted towards the applicant’s threshold amount.

Payment must be made in the prescribed manner. The foreign currency is sold to a bank operating in Türkiye and a foreign exchange purchase certificate (Döviz Alım Belgesi, DAB) is issued; in addition, a receipt for the bank transfer from the buyer to the seller is required (see question 14). Payment in cash, payment by third parties, and payment without a foreign exchange purchase certificate (DAB) or before the currency has been sold to the bank may make the purchase ineligible for citizenship. Russian buyers should therefore agree the transfer method with the banks before the main payment (see question 13).

Buying property does not confer citizenship automatically. Citizenship is granted by decision of the President after checks, including checks relating to security and public order.

Legal basis: Law No. 5901, the Turkish Citizenship Law, Article 12(1)(b); Regulation on the Implementation of the Turkish Citizenship Law, Article 20(2)(b); TKGM Circular 2024/4 and the guide (Kılavuz) annexed to it, as currently in force; TKGM Circular 2022/1.

32. What valuation and payment conditions apply for obtaining citizenship?

For citizenship purposes, the value of the investment is certified by an investment amount certificate (Tutar Tespit Belgesi, TTB). It is issued on the basis of an official valuation report.

Under the amendments that entered into force on 28 September 2026:

• the report may be prepared by any valuation company that holds a licence from the Capital Markets Board (SPK), has current membership of the Association of Appraisers of Türkiye and is registered in the TADEBİS system;
• the report is ordered through the Web Tapu system, and the documents are sent to the land registry electronically;
• no more than 12 months (previously six months) may pass between the date of the TTB and the filing of the application for the relevant title deed (tapu) transaction. If this period is exceeded, the valuation report on which the TTB is based must be updated. Changes affecting the value of the property or its status in the registry may also require a new report.

The certified value, the amount in the official transfer document and the payments actually made must all meet the threshold amount. For example, a contract for USD 420,000 with a valuation of USD 380,000 does not meet the requirements. It is therefore sensible to obtain a preliminary valuation before paying a deposit, rather than relying on the seller’s price.

A property under construction may qualify on the basis of a single notarised promise-to-sell contract (satış vaadi sözleşmesi), if kat mülkiyeti or kat irtifakı has been established over the property and an annotation of the undertaking not to assign or terminate the contract for three years has been entered in the registry. The required amount must be paid in the prescribed manner and evidenced by a DAB certificate; several such contracts cannot be added together.

Legal basis: TKGM Circular 2024/4 and the guide (Kılavuz) annexed to it, as amended on 28 September 2026; Regulation on the Implementation of the Turkish Citizenship Law, Article 20.

33. What restrictions apply to the property and the seller?

Not every property on sale is suitable for obtaining citizenship. Under the land registry guide (Kılavuz), the current owner, previous transactions and the relationship between the parties are checked. In particular:

• The property must not be registered in the name of a foreign person, or in the name of first-degree relatives of the applicant (by blood, by marriage or by adoption) who are Turkish citizens. In other words, a purchase from a foreign owner generally does not count for citizenship purposes.
• A resale property that the applicant or their first-degree relatives previously transferred to a Turkish person or a Turkish company does not qualify; the guide sets no time limit for this restriction.
• A resale property transferred to a Turkish person or a Turkish company within the last three years by a foreigner or by a person who obtained citizenship by exceptional procedure does not qualify. Acquisitions based on a contract for work (eser sözleşmesi) are an exception.
• A property registered in the name of a person who obtained citizenship by exceptional procedure under Article 12(1)(b) of the Turkish Citizenship Law does not qualify.
• A property owned by companies in which the applicant or their first-degree relatives are shareholders or managers does not qualify.
• A property already used by one investor to obtain citizenship cannot be used again by another applicant.
• The purchase of a share in a property does not qualify. If a foreign investor buys the whole property from several co-owners, the situation is assessed separately.
• Separate conditions apply to properties owned by companies with foreign capital; these are checked for the specific property.

The three-year undertaking is a statutory condition of the programme, not a recommendation. If, before the three years have expired, the owner applies to have the annotation removed or ownership passes to another person, the authorities handling the citizenship file are notified, which may affect the investor’s status. Once the three years have expired, the owner may apply to have the annotation removed and may consider selling. Certain subsequent transactions, including transferring the property back to the previous owner or to persons connected with the previous owner, may lead to additional checks into how the citizenship was obtained.

The seller’s name on the current title deed (tapu) is not enough. The entire chain of title should be checked before any deposit is paid.

Legal basis: TKGM Circular 2024/4 and the guide (Kılavuz) annexed to it, as currently in force; Law No. 5901, the Turkish Citizenship Law, Article 12(1)(b); Regulation on the Implementation of the Turkish Citizenship Law, Article 20.

34. Can my spouse and children also obtain citizenship?

Yes, if they meet the conditions laid down by law. Under Article 12(1)(b) of the Turkish Citizenship Law, the following may obtain citizenship together with the investor:

• the investor’s spouse, if a foreigner;
• the minor or dependent children of the investor or of the investor’s spouse, if foreigners.

Whether an adult dependent child can be included in the application is assessed case by case. Financially supporting an adult child does not by itself guarantee that the child will be included. A family member who is not included in the application does not become a citizen automatically. If a child is close to the age of majority, the timing of the application is particularly important.

Property registered in the name of a spouse or child is not counted towards the investor’s USD 400,000 threshold (see question 31).

Legal basis: Law No. 5901, the Turkish Citizenship Law, Article 12(1)(b); Regulation on the Implementation of the Turkish Citizenship Law, Article 20.

35. What should I do if my application is refused, and can I keep my Russian citizenship?

Refusal. Buying property does not guarantee a residence permit or citizenship; these are separate procedures with their own criteria. Under Article 10(1) of the Turkish Citizenship Law, meeting the conditions does not confer an unconditional right to citizenship. A refusal does not by itself annul the property purchase and does not entitle the buyer to claim the money back from the seller. The buyer’s rights against the seller depend on the contract and on the obligations the parties have assumed.

Challenging a refusal. A refusal may be challenged, in particular, on grounds relating to compliance with the conditions laid down by law, the documents submitted and the lawfulness of the administrative decision. Under Article 7 of Law No. 2577 on Administrative Procedure, the general time limit for applying to the administrative courts is 60 days from the day following the day of written notification, unless a special law provides otherwise. Under Article 11, an application to the higher authority, or to the authority that took the decision, asking for the decision to be revoked, amended or reconsidered suspends this time limit, provided the conditions laid down by law are met. If such an application is rejected, or no reply is received within 30 days, the remainder of the time limit starts to run again. Decisions of the Migration Administration, decisions on compliance with the investment conditions and the final decision on citizenship may be taken by different authorities and challenged under different procedures. The date of notification, the authority, the grounds and the available remedies should be checked without delay.

Dual citizenship. Türkiye permits multiple citizenship and, as a rule, does not require applicants to renounce their previous citizenship. Russian law has its own rules for Russian citizens who acquire a second citizenship. Tercan Legal advises on Turkish law; we recommend checking the requirements of Russian law with specialists in Russian law.

Legal basis: Law No. 6458 on Foreigners and International Protection, Articles 31–33; Law No. 5901, the Turkish Citizenship Law, Articles 10(1), 12 and 44; Law No. 2577 on Administrative Procedure, Articles 7 and 11.

VIII. Renting, managing and selling property

36. Can I rent out my property on a long-term or short-term basis?

Yes. A Russian owner may, as a rule, rent out property in Türkiye and earn income from it in accordance with Turkish law.

Ordinary residential leases are governed by the Turkish Code of Obligations No. 6098: its provisions on lease contracts and on the rights of tenants and landlords apply. A contract cannot override the mandatory rules that protect tenants.

Short-term letting of residential property for tourism purposes, for up to 100 days per contract, falls under the special rules of Law No. 7464 and, as a rule, requires a permit. Before letting begins, the rules in force in the building and the requirements of the law should be checked. Ownership of the property does not automatically give the right to use it for short-term tourist rentals.

If the property is the basis for the owner’s residence permit, it may not be rented out (see question 30). The taxation of rental income is explained in question 37.

Legal basis: Turkish Code of Obligations No. 6098; Law No. 7464 on the Rental of Residential Property for Tourism Purposes; requirements and practice of the Migration Administration.

37. How is rental income taxed in Turkey?

Income from renting out property in Türkiye is subject to Turkish income tax. It may give rise to an obligation to file an annual tax return in Türkiye.

For tax purposes, what matters is not the owner’s citizenship but whether the owner is a tax resident of Türkiye. A Russian citizen living in Türkiye is, as a rule, a full taxpayer in respect of income from all sources worldwide. A Russian citizen living in Russia is a limited taxpayer (dar mükellef), that is, a non-resident, and is taxed in Türkiye only on income from Turkish sources, for example rent from Turkish property.

• Residential rentals: owners who meet the conditions benefit from an annual exemption, a tax-free amount (58,000 Turkish lira for 2026 income). Non-resident owners may also use it if the conditions are met. Some owners are not entitled to use it, depending on their other income. If residential rental income covered by the exemption exceeds the tax-free amount, a Turkish tax return is generally required.
• Commercial rentals: rent paid by companies for business premises is usually taxed by withholding at source, and the rules on filing a return are different.
• Short-term tourist rentals are also subject to separate rules on permits (see question 36).

Because the outcome depends on the owner’s situation, the obligation to file a return should be checked with a Turkish tax adviser before the property is rented out. Tax obligations in Russia are a separate matter (see question 25).

Legal basis: Law No. 193, the Income Tax Law, Articles 3, 6, 21, 70 and 94; Law No. 7464 (tourist rentals).

38. I have bought a property with a tenant living in it: what are my rights?

Buying a property with a tenant does not automatically terminate the lease and does not give the new owner the right to immediate eviction.

Under Article 310 of the Turkish Code of Obligations No. 6098, if the leased property is transferred after the lease has been concluded, the new owner, as a rule, takes the place of the former landlord in the lease. The new owner must therefore respect the tenant’s lawful rights and the obligations under the lease.

Under Article 351, a new owner who genuinely needs the property as a home for themselves, their spouse, children, parents or other persons specified by law may seek eviction. The new owner may notify the tenant of this need in writing within one month of acquiring the property and, provided the conditions laid down by law are met, bring an eviction claim once six months have passed since the acquisition. The law also allows a claim based on the new owner’s need to be brought within the prescribed period after the lease term ends.

In the event of a dispute, the genuine need must be proved. Registration of the lease in the land registry and other terms of the lease may affect whether eviction can be sought and by what procedure. Under Article 18/B of Law No. 6325 on Mediation in Civil Disputes, mediation is, as a rule, mandatory before going to court in disputes arising from a lease.

Before buying a property with a tenant, the lease, its term, the amount of the rent, the deposit, the payment history and any registered rights of the tenant should be examined.

Legal basis: Turkish Code of Obligations No. 6098, Articles 310 and 351; Law No. 6325 on Mediation in Civil Disputes, Article 18/B; Turkish Civil Code No. 4721 (registration of rights in the land registry).

39. Unpaid building maintenance dues (aidat): can they become my problem?

Yes. Unpaid building maintenance dues and common expenses (aidat) can create financial or legal problems for a new buyer, but the previous owner’s debts should be distinguished from the new owner’s obligations.

Under Article 20 of Law No. 634 on Condominium Ownership, the owners of independent units must contribute to the common expenses of the building, including maintenance, cleaning, management and repairs. Non-payment may lead to claims for recovery of the debt, compensation for late payment or enforcement proceedings.

According to the approach prevailing in Turkish case law, a new buyer is, as a rule, not personally liable for dues relating to the seller’s period of ownership. However, if a statutory mortgage (lien) under Article 22 of Law No. 634 has been registered in the registry before the transfer, it remains in place even when the owner changes. Liability for new dues and extraordinary expenses depends on when the obligation arose, on the decisions of the building management and on the terms of the sale. Decisions on major repairs, renovation or extraordinary expenses may have been taken before the purchase, with the financial consequences arising after the transfer.

Before the transfer, the buyer should obtain from the building management (site yönetimi) information on arrears of dues, common expenses, important financial decisions and any enforcement measures. The contract should also state who will pay the debts that arose before the transfer.

Legal basis: Law No. 634 on Condominium Ownership, in particular Articles 20 and 22; Turkish Code of Obligations No. 6098 (general provisions); relevant case law on owners’ liability for common expenses.

40. Can I sell the property, and is the gain taxed?

Yes. A Russian citizen who lawfully owns property in Türkiye may, as a rule, sell it, gift it or transfer it to another person in accordance with the law.

The transfer may be affected by:

• registered restrictions, mortgages or attachments;
• third-party rights;
• contractual obligations;
• the three-year undertaking not to sell the property, if it was used to obtain citizenship (see Section VII).

If the property was acquired with a VAT (KDV) exemption and is sold within three years, the VAT not previously paid must be paid, together with deferral interest, before the title deed (tapu) transaction is carried out (see question 23). These two three-year rules are different.

If the buyer is another foreigner, their right to acquire the property must be checked separately. Before the sale is completed, the owner should agree on how payment will be received and when possession will be handed over.

Tax on the gain from a sale: a sale may have tax consequences. Two separate rules apply.

• Holding period: if property acquired for consideration is sold within five years of acquisition, the gain may be subject to income tax after deduction of the annual tax-free amount for such gains (150,000 Turkish lira for 2026). A gain on a sale made after five years is, as a rule, not subject to this tax. Property received by inheritance or as a gift is taxed under different rules.
• Inflation indexation: when the taxable gain is calculated, the acquisition cost may be increased in line with the domestic producer price index (Yİ-ÜFE), but only if the index rose by at least 10% over the relevant period. If the increase was smaller, no indexation is made.

A tax return may be required for the year of sale, so the tax position should be checked before the sale is completed.

Legal basis: Turkish Civil Code No. 4721; Law No. 2644 on Land Registry; Law No. 193, the Income Tax Law, Repeated Article 80 and Article 81; Regulation on the Implementation of the Turkish Citizenship Law, Article 20; Law No. 3065 on VAT, Article 13(i).

IX. Inheritance, divorce and common ownership

41. How does property pass to heirs when the owner dies, and which country’s law applies?

Under Article 20 of the Turkish Law on Private International Law and Procedural Law, succession is, as a rule, governed by the national law of the deceased, but Turkish law applies to immovable property located in Türkiye. The heirs’ rights in respect of a Russian citizen’s property in Türkiye are therefore determined under Turkish inheritance and property law.

Under Article 599 of the Turkish Civil Code, the heirs acquire by operation of law, at the moment of the deceased’s death, those rights and obligations of the deceased that can pass by inheritance. Under Article 705, in cases such as inheritance, ownership may arise before registration in the land registry. However, before the heirs can sell the property or otherwise dispose of it in the registry, the registration procedures at the land registry must be completed.

The transfer and its registration may be affected by the deceased’s debts, a will, disputes between the heirs and the restrictions laid down by law on the ownership of property by foreigners.

Legal basis: Law No. 5718 on Private International Law and Procedural Law, Article 20; Turkish Civil Code No. 4721, Articles 599 and 705; Law No. 2644 on Land Registry, Article 35.

42. How can Russian heirs register inherited property?

In principle this is possible, but registration depends on whether the heirs have been lawfully determined, whether the necessary documents have been submitted and whether the rules on the ownership of property by foreigners are complied with.

First of all, the legal heirs and their shares must be determined. A certificate of inheritance (mirasçılık belgesi / veraset ilamı) issued by the competent Turkish authority may be required.

Documents issued in Russia, such as a death certificate, documents proving family relationship or a Russian notarial certificate of inheritance, generally require an apostille and a notarised translation into Turkish. Whether a Russian inheritance document can be used directly in Türkiye, or whether a Turkish certificate of inheritance must be obtained, should be checked in each individual case. A foreign document alone is not always sufficient to register the transfer.

Once the heirs have been determined, the transfer by inheritance (intikal) is registered at the land registry office (tapu müdürlüğü). At this stage, the registration status of the property, the heirs’ documents, tax obligations and the restrictions laid down by law are checked.

The right to inherit, registration of the transfer and a foreign heir’s right to keep the property are different matters. According to the practice announced by the General Directorate of Land Registry and Cadastre, the transfer by inheritance is registered first, and the foreign heir’s ownership is then checked for compliance with the restrictions laid down by law. If keeping the property is contrary to the rules on foreigners, it may be necessary to dispose of the property or to have it liquidated in the manner provided by law.

If the heirs disagree about their shares or the division of the property, it may be necessary to go to court.

Legal basis: Turkish Civil Code No. 4721, Articles 598, 599 and 705; Law No. 2644 on Land Registry, Article 35; Law No. 5718 on Private International Law and Procedural Law, Article 20; the 1961 Hague Apostille Convention; instructions and practice of the General Directorate of Land Registry and Cadastre (TKGM) concerning transfers to foreign heirs.

43. Common ownership: what is the difference between co-ownership in shares and joint ownership?

Turkish law has two forms of common ownership.

Co-ownership in shares (paylı mülkiyet). Several persons own the whole property, each with a defined share; unless stated otherwise, the shares are deemed to be equal. In practice this is the usual form where, for example, spouses or relatives buy a flat together and the title deed (tapu) states “½ each”.

• Sale of a share: each co-owner may sell or mortgage their share, and their share may be attached. If a co-owner sells a share to a third party, the other co-owners have a statutory right of pre-emption (önalım hakkı). They must exercise it within three months of being notified of the sale, and in any event no later than one year from the sale, by bringing a court action against the buyer (for sales made before 25 December 2025, the outer time limit is two years). In that action, the court determines the market value of the share; the co-owner must deposit that amount and the buyer’s title deed costs within the prescribed period.
• The property as a whole: selling or mortgaging the whole property, or changing its designated use, requires the consent of all co-owners, unless they have unanimously agreed otherwise. Renting out the property and taking other important management decisions require a majority both by size of shares and by number of co-owners. Each co-owner may carry out ordinary management and take urgent measures to preserve the property.
• Use and expenses: each co-owner may use the property to the extent that this is compatible with the rights of the others. In the event of a dispute, the court may determine the arrangements for use. Expenses and taxes are shared in proportion to the shares.
• Ending common ownership: as a rule, any co-owner may demand partition of the property. If the co-owners have not reached agreement, the court orders partition in kind or, if that is not practicable, sale by public auction. Mediation is mandatory before going to court over the partition of common property (ortaklığın giderilmesi) (see question 50).

Joint ownership (elbirliği mülkiyeti). This arises from a community created by law or by a contract provided for by law. The most common example is heirs who have not yet divided the estate. The owners have no defined shares; the right of each of them extends to the whole property. Unless the law or the contract provides otherwise, both management and disposal require unanimous decisions, and no one may dispose of a share while the community exists. Joint ownership ends when the property is transferred, when the community ends or on conversion into co-ownership in shares. Heirs are entitled to request such a conversion (see questions 41–42).

How the form of ownership is recorded in the title deed (tapu) matters for selling, renting out and partitioning the property, as well as for obtaining a residence permit (see question 29) and citizenship, where the purchase of a share does not meet the requirements (see question 33). The form of ownership should therefore be chosen deliberately at the time of purchase.

Legal basis: Turkish Civil Code No. 4721, Articles 688–703 and 732–734 (Articles 733 and 734 as amended by Law No. 7571, published on 25 December 2025); Law No. 6325 on Mediation in Civil Disputes, Article 18/B.

44. Divorce: what happens to property in Turkey?

Which country’s law determines how the spouses’ property is divided depends on the rules of private international law, not only on where the property is located.

• Applicable law: under Article 15 of Turkish Law No. 5718, spouses may expressly choose the law of the country of their domicile (yerleşim yeri) at the time of the marriage or the national law of either of them. In the absence of such a choice, their matrimonial property regime is governed, in the order stated, by their common national law at the time of the marriage, by the law of the country of their common habitual residence at the time of the marriage, or by Turkish law. For two Russian citizens who have made no choice, the matrimonial property regime will therefore, as a rule, be governed by Russian law, including in respect of property in Türkiye.
• Liquidation in respect of property in Türkiye: when the matrimonial property regime is liquidated, Turkish law applies to immovable property located in Türkiye. The grounds for divorce and its consequences are governed separately, by Article 14.
• Registration: the title deed (tapu) does not change automatically on divorce. A change of owner in the land registry requires a valid transfer transaction or a court decision. A judgment of a foreign court, including a Russian court, on divorce or on property must first be recognised (tanıma) or declared enforceable (tenfiz) by a Turkish court before it can serve as the basis for an entry in the land registry. The Turkish court checks, in particular, that the judgment has become final, that it does not concern a matter within the exclusive jurisdiction of the Turkish courts, that it is not manifestly contrary to public policy and that the defendant’s right to be heard was respected. This rule concerns the use of a foreign judgment at the land registry; the recording of a divorce in other registers, for example at the civil registry offices, may be governed by separate rules.
• Registered ownership: for third parties, the owner is the person named in the title deed. A spouse’s claim based on the matrimonial property regime is a separate matter from who is registered as the owner.

Spouses who buy property together in Türkiye should decide deliberately how ownership will be registered (see question 43) and, where necessary, take advice on both Russian and Turkish law.

Legal basis: Law No. 5718 on Private International Law and Procedural Law, Articles 14, 15, 50, 54 and 58; Turkish Civil Code No. 4721, Article 705.

45. Can I gift property to a family member?

Yes, but a gift of real estate is a formal transaction that is subject to special requirements.

• Form: ownership passes only once the gift has been registered in the land registry. A promise to gift real estate is valid only if made in official form, and a private gift contract does not transfer ownership; the rule on the validity of a completed gift made without observing the required form does not extend to real estate.
• Donee: if the donee is a foreigner, their right to acquire property in Türkiye must be checked in the same way as for a purchase (see questions 1–3).
• Transfer fee: a gift is charged under a separate item of the land registry fee tariff, not at the 2% + 2% rate applied to a sale. The fee is calculated on the registered value of the property (kayıtlı değer), that is, its value for municipal property tax purposes, and not on the declared price. If the property is mortgaged, the amount of the outstanding secured debt is deducted. The current rate should be confirmed with the land registry before the transfer.
• Gift tax: a gift of property located in Türkiye is also subject to Turkish inheritance and gift tax (veraset ve intikal vergisi), regardless of the donee’s citizenship or place of residence, so it also applies where the donee lives in Russia. The tax is paid by the person receiving the gift. For gifts, progressive rates of 10% to 30% apply to the tax value of the property. If the gift is received from a parent, spouse or child, the rates are halved. The amounts of the tax brackets are revised annually. The donee must file a tax return within one month of acquiring the property; a donee living abroad may file it with a Turkish consulate. The tax may be paid in instalments, in May and November, over three years. The total amount of the fee and the tax should therefore be calculated before the transfer.
• Citizenship: if the property is subject to the three-year undertaking not to sell it, given in order to obtain citizenship, it cannot be gifted before that undertaking expires without the consequences described in question 33.
• Residence permit: when applying for a residence permit on the basis of property received as a gift or by inheritance, an up-to-date valuation report is required (see question 26).
• Subsequent sale: for tax purposes on a subsequent sale, property received as a gift is treated differently from property that was bought (see question 40).

Legal basis: Turkish Civil Code No. 4721, Articles 705 and 706; Turkish Code of Obligations No. 6098, Article 288; Law No. 2644 on Land Registry, Article 35; Law No. 492 on Fees, Articles 62 and 63 and Tariff No. 4 (I-4); Law No. 7338 on Inheritance and Gift Tax, Articles 1, 5, 8, 9(2), 10(b), 16 and 19.

X. Fraud, construction problems, disputes and legal protection

46. Is it lawful to buy property under construction, and how is the buyer protected?

Yes. Buying property under construction or at the project stage is lawful within the limits set by law. The buyer’s rights and the form of the contract depend on the stage of the project and the nature of the transaction.

New property and resale property carry different risks:

• New property: what matters is the developer’s position, the building permits, handover of the property, contractual guarantees and any taxes.
• Resale property: the ownership history, mortgages, attachments, tenants, debts connected with the property and possible defects must be checked.

Prepaid housing sales covered by the Law on Consumer Protection are subject to special requirements on the form of the contract, information for the buyer, guarantees and handover (for handover deadlines and the right of withdrawal, see question 47).

Before making payment, the buyer should check:

• the building permit;
• ownership of the land plot;
• the seller’s authority to sell;
• the handover date;
• the terms for terminating the contract and the refund guarantee.

For buyers who wish to obtain citizenship, special rules on the history of the property and previous transactions also apply (see Section VII).

Legal basis: Law No. 6502 on Consumer Protection, Articles 40–46; Turkish Code of Obligations No. 6098; Turkish Civil Code No. 4721.

47. What are my rights if the developer delays handover or fails to hand over the property?

Depending on the contract, the reason for the delay and the conditions laid down by law, the buyer may be entitled to:

• demand handover of the property;
• claim compensation for the delay;
• withdraw from the contract and claim a refund of the money paid.

Under Articles 117 and 123–125 of the Turkish Code of Obligations, where performance is delayed the buyer may, provided the conditions laid down by law are met, claim performance and compensation. In some cases the buyer may instead waive performance and claim damages, or withdraw from the contract. Whether formal notice and an additional period are required depends on the contract and the applicable rules.

For prepaid housing sales governed by Law No. 6502 on Consumer Protection:

• Article 44: the property must be handed over within the period promised in the contract and in any event no later than 48 months from the date of the contract. This outer time limit does not allow the developer to delay handover without liability beyond a shorter period agreed in the contract.
• Article 43: the consumer may withdraw from the contract within 14 days without giving reasons and without penalty.
• Article 45: the consumer may, as a rule, terminate the contract within 24 months of its conclusion. Depending on the timing of and reason for the termination, costs set by law may be charged. A seller who has not performed its obligations, or has performed them improperly, may not recover from the consumer the costs prohibited by Article 45. After termination under Article 45, the amounts to be refunded and the documents imposing obligations on the consumer must be returned within 180 days of the seller receiving the notice.

The buyer should keep the contract, the handover schedule, payment receipts, correspondence and evidence of the delay, and should check the legal consequences before agreeing to an extension or signing a new agreement.

Legal basis: Turkish Code of Obligations No. 6098, Articles 112, 117 and 123–125; Law No. 6502 on Consumer Protection, Articles 40, 43, 44 and 45.

48. What should I do if hidden defects appear, the area is smaller than promised or the property does not match the title deed (tapu)?

Hidden defects. If defects that could not easily have been discovered at the time of purchase appear after handover (for example, serious problems with insulation or waterproofing, faulty building services or material differences from the agreed specification), the buyer may use the remedies for defects provided by law.

• Consumer sales (Law No. 6502, Articles 8–11): the remedies include withdrawal from the contract, a proportionate reduction of the price, repair of the defects free of charge and, where possible, replacement with a property free of defects, as well as damages where the relevant conditions are met. Under Article 12, the limitation period for residential property and holiday property is, as a rule, five years from handover. For consumer sales of second-hand property, it cannot be less than three years. The ordinary limitation rules do not apply if the defect was concealed through gross fault or fraud.
• Other sales: the Turkish Code of Obligations applies. Under Article 244, claims for defects in a building are, as a rule, time-barred five years after the transfer of ownership, or twenty years if the seller acted with gross fault. Under Article 223, the buyer must inspect the property as soon as this is possible in the ordinary course of business and report visible defects within a reasonable time. A defect that could not have been discovered on an ordinary inspection must be reported immediately after it is discovered.

Smaller area. If the actual area is smaller than that stated in the contract, advertising or sale documents, the buyer’s rights depend on the contract, the method by which the area is determined and the conditions laid down by law. Net area (net alan) and gross area (brüt alan) are different measures, so a discrepancy between them does not by itself mean that the seller is at fault. Under Article 219 of the Turkish Code of Obligations, the seller may be liable where promised characteristics or quantity are lacking. Article 227 provides for remedies such as a reduction of the price or withdrawal from the contract. In consumer sales, Articles 8 and 11 of Law No. 6502 may also apply. Under Article 244, the seller must, as a rule, compensate for a shortfall in the area stated in the sale contract, unless otherwise agreed. If the area recorded in the land registry is based on an official survey, the seller is liable only if it specifically guaranteed that area. Compensation is not calculated automatically on the basis of the number of square metres; its amount depends on a legal and technical assessment.

Mismatch with the title deed (tapu). If the actual characteristics of the property (area, unit number, location, boundaries, designated use or the legal status of the building) differ from the title deed data or official records, the cause must be established before the transaction is carried out. Some discrepancies are caused by registry errors or outdated data; others may indicate unlawful construction or serious problems with title. The land registry records, official plans, municipal documents and, where necessary, a technical expert’s report should be examined. Signing documents or paying before this matter is clarified may be dangerous for the buyer.

To prove a defect or a shortfall in area, an expert report, photographs, correspondence and written notice to the seller are important.

Legal basis: Law No. 6502 on Consumer Protection, Articles 8–12; Turkish Code of Obligations No. 6098, Articles 219, 223, 225, 227 and 244; Turkish Civil Code No. 4721, Articles 1025 and 1027; Law No. 3194 on Zoning.

49. What should I do in the event of fraud, false information, a sale by a person who is not the owner, or a double sale?

Seller who is not the owner. A person who is not the registered owner and is not authorised by law to transfer the property cannot, as a rule, validly transfer it. However, under certain conditions the Turkish Civil Code protects a person who acquires a right in good faith in reliance on the land registry entries (Articles 1023–1024). This protection is not absolute. It depends on the transaction, the registration and the buyer’s good faith. A buyer who has paid a person who had no right to sell may, depending on the circumstances, claim the money back or compensation, or bring a civil action. If an error or an incorrect entry in the land registry causes loss, the State may be liable under the conditions of Article 1007.

False information from the seller or agent. If the seller or the estate agent has provided false or misleading information about material characteristics of the property (for example, its area, building permits, permitted use or important restrictions), legal liability may arise depending on the person’s role, the nature of the information, whether there was fault or deceit, and the loss caused. Under Article 36 of the Turkish Code of Obligations, a contract may not be binding on a party who was induced to enter into it by deceit, even if the mistake was not material. If the buyer was deceived by a third party, for example an agent, this rule applies against the seller only under certain conditions, for example if the seller knew or could have known of the deceit. Under Article 39, the right to declare that the contract is not binding must, as a rule, be exercised within one year of the deceit being discovered. The agent’s own liability is assessed separately. Not all incorrect information amounts to the criminal offence of fraud.

Double sale. If the seller has promised or sold the same property to several buyers, their rights depend on the type of contracts, the registration dates, the registered rights and good faith. Ownership passes upon registration in the land registry. The position of a buyer who is registered as owner differs from that of a buyer who has only a contract, although a registration can also be challenged (for example, in cases of invalid registration, fraud or knowledge on the part of the buyer). Under Article 1009 of the Turkish Civil Code, a right under a promise-to-sell contract (satış vaadi sözleşmesi) that has been duly entered as an annotation in the land registry can, as a rule, be asserted against subsequent acquirers. The date and validity of such an annotation may therefore be decisive. Buyers who have not obtained registration may claim performance, a refund or compensation.

Suspected fraud. Examples include forged documents, a person who is not the owner posing as the owner, obtaining money on promises known to be false, or a fraudulent sale. However, a breach of contract or a delay in handover does not by itself prove fraud. Where there are indications of a criminal offence, the buyer may file a criminal complaint with the Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı) in person or through a lawyer. Whether the act is classified as simple or aggravated fraud depends on the elements of the offence and the evidence. Separate civil-law measures may be needed to recover money, obtain damages, challenge the contract or protect rights to the property. A criminal complaint does not by itself guarantee the return of the money or the transfer of the property. If there is a risk that the property will be transferred or that assets will disappear, urgent court measures should be considered. Russian citizens may apply to the Turkish courts in exactly the same way to protect their rights in accordance with Turkish law.

Keep the contract, bank receipts, the recipient’s account details, powers of attorney, advertisements, messages, emails and documents from the registry.

Legal basis: Turkish Civil Code No. 4721, Articles 705, 1007, 1009 and 1023–1025; Turkish Code of Obligations No. 6098, Articles 36, 39, 49, 50, 112, 125 and 237; Turkish Criminal Code No. 5237, Articles 157 and 158 (provided the elements of the offence are established); Law No. 2644 on Land Registry, Article 26.

50. Which court hears the dispute, is mediation mandatory, and can I bring a claim from abroad?

Court. The competent court depends on the nature of the dispute, the type of contract and the relationship between the parties.

• Venue: claims concerning ownership of real estate, claims for cancellation of the entry and re-registration of title (tapu iptali ve tescil) and other claims provided for in Article 12 of the Code of Civil Procedure must be brought where the property is located. Purely monetary or contractual claims that are not covered by this rule of exclusive jurisdiction may be subject to other rules, for example on jurisdiction at the defendant’s place of residence or at the place of performance.
• Type of court: ownership disputes and many claims under contracts relating to real estate are heard by the civil court of first instance (asliye hukuk mahkemesi). Consumer disputes may fall within the jurisdiction of the consumer court (tüketici mahkemesi), and some rental disputes within the jurisdiction of the civil court of peace (sulh hukuk mahkemesi).

Applying to the wrong court may cause delays and additional costs.

Mediation. Mediation is not mandatory for every dispute relating to real estate. Since 1 September 2023, under Article 18/B of the Law on Mediation in Civil Disputes, it has been a precondition for bringing a claim in certain disputes, including:

• rental disputes (except certain eviction cases enforced without a court judgment);
• the partition of common property (ortaklığın giderilmesi);
• disputes arising from the Law on Condominium Ownership (kat mülkiyeti);
• disputes under neighbour law.

A dispute over the purchase or ownership of real estate does not by itself trigger mandatory mediation. For example, a claim for cancellation of the entry and re-registration of title is not subject to mandatory mediation merely because it concerns real estate. Some monetary claims or claims for damages may fall under separate rules on mandatory mediation in commercial or consumer disputes. If mediation is mandatory but has not taken place, the claim may be dismissed. Mandatory mediation does not oblige the parties to reach an agreement.

Claims from abroad. A buyer living in Russia may be represented by a lawyer in Türkiye. A power of attorney executed in Russia generally requires an apostille and a notarised translation into Turkish, and the lawyer’s powers must be clearly stated (see question 18).

Legal basis: Code of Civil Procedure No. 6100, Articles 2, 4, 6, 10 and 12; Law No. 6502 on Consumer Protection, Articles 73 and 73/A; Law No. 6325 on Mediation in Civil Disputes, Articles 17/B, 18/A and 18/B; Turkish Commercial Code No. 6102, Article 5/A; the 1961 Hague Apostille Convention.

Legal support for property transactions in Turkey

Tercan Legal carries out independent legal due diligence on the property and the seller, drafts and reviews contracts, supports the payment and title transfer process, and represents buyers who are outside Türkiye, including in disputes with developers and sellers. Matters are handled by lawyers registered with the Istanbul Bar Association, with Russian-language client support.

The first introductory online meeting (20 minutes) is free of charge. Document review, written opinions and detailed consultations are charged separately; the fee is agreed in advance and recorded in the engagement agreement.

Contact us at info@tercanlegal.com, on WhatsApp +90 506 689 97 22 or on Telegram. Our office is in Istanbul; we act for clients across Türkiye, including remotely.

See also: Turkey Residence Permit for Russian Citizens: 50 Questions and Answers · Turkish Citizenship by Real Estate Investment · Bank Account Blocked in Turkey or Transfer Delayed

This material is general information based on the rules and administrative practice as of October 2026 and is not legal advice. Rules and practice change; check the requirements in force on the date of your transaction or application. Tercan Legal advises on Turkish law only. Reading this guide does not create an attorney-client relationship, and the outcome of any matter cannot be guaranteed.