A legal guide for Iranian and other foreign buyers · Updated October 2026
An ordinary property purchase, a residence permit based on property ownership, and a real estate investment for Turkish citizenship are three separate legal matters with different conditions.
This guide answers 50 frequently asked questions in two parts. Part One covers purchase, ownership, costs, payment, residence and citizenship. Part Two covers legal due diligence, defects, late delivery, contract disputes, tenancy and inheritance.
The key point: have the property, the seller and the payment method legally checked before you pay a deposit or sign any document.
Part One: Buying Property, Ownership, Costs, Residence and Citizenship
1. Can Iranian citizens buy property in Turkey?
Yes. As a rule, Iranian citizens may buy property in Türkiye, subject to the rules on acquisition of real estate by foreign nationals.
Under Article 35 of the Turkish Land Registry Law, nationals of the countries determined by the President may acquire real estate in Türkiye within the statutory limits. The official list of those countries is not published, so whether a given nationality can buy has to be checked against the practice and official information of the land registry.
Property may be bought for living, investment or commercial use, provided that it is located in a permitted area and the other legal conditions are met.
Holding a Turkish residence permit is not in itself required in order to buy.
Legal basis: Turkish Land Registry Law No. 2644, Article 35.
2. Can Iranian citizens buy property anywhere in Turkey?
No. In some areas, purchases by foreign nationals are restricted or prohibited. These include prohibited military zones, security zones and areas that are not open to foreign acquisition under the relevant rules.
Before any money is paid or a contract is signed, it should therefore be checked through the Turkish land registry that the property can be registered in the name of the Iranian buyer.
Legal basis: Law No. 2644, Article 35; the rules on prohibited military zones and security zones.
3. Is there a limit on how much property an Iranian citizen can buy in Turkey?
Yes. Under Article 35 of the Land Registry Law, the total area of real estate and independent rights in rem that one foreign natural person may acquire across Türkiye cannot, as a rule, exceed 30 hectares.
In addition, the total real estate acquired by foreign nationals in any district (ilçe) is subject to a statutory ceiling of 10 per cent of the privately owned land area of that district.
How these limits apply, and whether a particular property can be acquired, should be checked with the land registry before the transaction.
Legal basis: Law No. 2644, Article 35.
4. What are the legal steps for buying property in Turkey?
The process usually begins with choosing the property and having it legally reviewed. The identity and documents of the parties, the title deed details, debts and registered restrictions are then checked.
Once price and terms are agreed, the payment and currency-conversion formalities are completed where required, and the parties attend the land registry office (Tapu Müdürlüğü) for the official transfer.
As a rule, ownership arises when 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.
Legal basis: Turkish Civil Code No. 4721, Article 705; Law No. 2644.
5. What is a title deed (tapu) in Turkey?
The title deed (tapu) is the official document relating to the rights registered over a property in the Turkish land registry system. The registry records details such as the owner, parcel number, location, area, type of property and ownership share.
Looking at a copy of the title deed is not enough to establish the legal status of a property. The entries in the land registry, including mortgages, attachments, servitudes and other restrictions, must be checked separately.
Legal basis: Turkish Civil Code No. 4721; land registry regulations.
6. How can you verify that a title deed in Turkey is genuine?
The authenticity of the title deed and the ownership status should be verified through the official records of the land registry. A photograph or copy of the deed received from the seller or an estate agent does not guarantee that the ownership is correct or that there are no legal restrictions.
Before buying, the seller’s details should be matched against the registered owner, and mortgages, attachments, third-party rights of use and other registry annotations should be checked.
If someone is acting through a representative, the validity and scope of the power of attorney should also be checked.
Legal basis: Turkish Civil Code No. 4721; land registry regulations.
7. What documents do Iranian citizens need to buy property in Turkey?
The documents usually include a valid passport, the required identity and tax details, payment documents and, where needed, official translations.
If the buyer does not attend in person, a valid power of attorney with the necessary authority to purchase and complete the title transfer is required. Depending on the type of property, the payment method and the buyer’s situation, additional documents may be requested.
It is advisable to confirm the final list of documents with the relevant land registry office before the transfer appointment is booked.
Legal basis: Law No. 2644; implementing rules of the General Directorate of Land Registry and Cadastre (TKGM).
8. Do Iranian citizens need a Turkish bank account to buy property in Turkey?
A Turkish bank account is not laid down as an independent condition of ownership in every transaction. However, making payments that can be proved, and complying with currency and banking rules, is essential.
In transactions that require a foreign-currency purchase certificate (Döviz Alım Belgesi, DAB), the foreign currency must be sold through an authorised bank and the certificate submitted in line with the rules.
Because banks apply customer-identification and source-of-funds requirements, buyers should check with the bank concerned, before transferring money, whether the intended payment method can be carried out.
Legal and administrative basis: Turkish currency regulations and the TKGM instructions on the foreign-currency purchase certificate.
9. Can Iranian citizens transfer the purchase money directly from Iran to Turkey?
Whether funds can be transferred to the receiving bank, and what the lawful payment method is, depends on banking rules, compliance checks and any restrictions relating to the parties and the transfer route.
It therefore cannot be guaranteed that every bank transfer from Iran to Türkiye will be accepted. Before the transaction, the buyer should establish the payment method, the source-of-funds documents and the receiving bank’s requirements.
Using payment methods that are not transparent or not properly documented may lead to banking or tax problems, or to difficulty proving payment in a later dispute.
Tercan Legal does not advise on payment routes designed to avoid sanctions, banking controls or currency rules, and does not take part in such arrangements. Cash payments, payments through third parties and informal money-transfer channels carry legal risk, can make payment difficult to prove, and can make the property unusable for residence or citizenship purposes.
Legal basis: the banking, anti-money-laundering and currency-control rules applicable in Türkiye.
10. What is the foreign-currency purchase certificate (DAB) and what role does it play?
The foreign-currency purchase certificate (Döviz Alım Belgesi, DAB) is a bank document confirming that foreign currency has been sold to a bank under the rules on real estate transactions by foreign nationals.
In transactions subject to this requirement, the currency conversion must be completed before the official title transfer, in line with the rules of the Central Bank of the Republic of Türkiye and the land registry.
The DAB is not the same as a receipt for payment of the purchase price. The currency-conversion documents and the documents showing payment to the seller should both be kept, as appropriate to the type of transaction.
Legal and administrative basis: rules of the Central Bank of the Republic of Türkiye and the TKGM instructions on the foreign-currency purchase certificate (applied since 2022).
11. What additional costs come with buying property in Turkey?
On top of the price, the buyer should allow for the possible costs of the title transfer, registry services, official translation, a sworn interpreter at the transfer, the notary, compulsory earthquake insurance (DASK) where applicable, and professional fees.
Depending on the transaction, value added tax or valuation costs may also arise.
The exact amounts depend on the declared value, the type of property, the parties’ status and the tariffs in force at the time of the transaction.
Legal basis: Turkish Fees Law No. 492; Value Added Tax Law No. 3065; the tariffs for registry services.
12. How much is the title deed transfer fee (tapu harcı) in Turkey?
In a standard sale, the title deed fee is as a rule 4 per cent of the value on which the fee is calculated: 2 per cent payable by the buyer and 2 per cent by the seller.
The parties may agree otherwise on who actually pays, but such an agreement does not necessarily change each party’s legal liability towards the tax office.
The value used for the calculation must be declared in line with the rules and cannot be lower than the statutory minimum value.
Other amounts may be charged for registry services in addition to this fee.
These percentages reflect the rates in force in 2026 and should be checked on the date of the transaction.
Legal basis: Fees Law No. 492, Tariff No. 4, section on land registry transactions.
13. Are Iranian citizens exempt from VAT when buying property in Turkey?
A VAT exemption may be available in some transactions, but it does not apply to every purchase by an Iranian citizen.
Under Article 13(i) of the Turkish Value Added Tax Law, the first delivery of certain residential or commercial buildings to qualifying persons may be exempt if the statutory conditions are met. Matters such as the buyer’s residence status, the type of delivery and the way the funds are brought in and paid are relevant.
Where the exemption has been used, selling the property within three years of delivery may lead to a claim for the exempted tax and the related statutory amounts.
Whether the exemption is still in force, and on what conditions, should be checked with a tax adviser or lawyer on the date of the transaction.
Legal basis: Value Added Tax Law No. 3065, Article 13(i).
14. Is there a legal difference between buying new-build and second-hand property in Turkey?
Yes. With a new-build, the developer’s standing, building permits, delivery, contractual warranties and any tax are particularly important.
With a second-hand property, the ownership history, mortgages, attachments, tenants, related debts and possible defects need to be checked.
Both types of purchase should be based on an official check of the registry position. If the buyer’s aim is Turkish citizenship, the specific restrictions on the property’s ownership history and earlier transactions must also be reviewed.
Legal basis: Turkish Civil Code No. 4721; Turkish Code of Obligations No. 6098; Consumer Protection Law No. 6502 where applicable.
15. Is it legal to buy off-plan or under-construction property in Turkey?
Yes, off-plan or under-construction property can be bought within the legal framework. The buyer’s rights and the way the contract must be drawn up depend, however, on the state of the project and the nature of the transaction.
Prepaid housing sale contracts that fall under the Consumer Protection Law are subject to specific requirements on the form of the contract, information to the buyer, guarantees and delivery.
Before paying, the building permit, the ownership of the land, the seller’s authority, the delivery date, the termination terms and the refund guarantee should be checked.
Legal basis: Consumer Protection Law No. 6502, Articles 40 to 46; Turkish Code of Obligations No. 6098.
16. What is a promise-to-sell contract (satış vaadi sözleşmesi)?
A promise-to-sell contract (satış vaadi sözleşmesi) is an agreement by which the seller undertakes to transfer the property to the buyer in the future on the agreed terms.
Under Turkish law, a promise-to-sell contract for real estate must be made in official form before a notary (noter).
A promise-to-sell contract for real estate that is not made in this official form is legally invalid.
The contract does not in itself transfer ownership. Where the law allows, annotating the promise in the land registry can be important for protecting the buyer’s contractual rights.
Legal basis: Turkish Code of Obligations No. 6098, Article 237; Turkish Civil Code No. 4721.
17. Is signing a private contract and paying the price enough to become the owner?
No. In an ordinary purchase in Türkiye, ownership arises as a rule when the transfer is officially registered in the land registry in the buyer’s name.
A private sale contract that does not comply with the official form required by law is not valid for transferring ownership. A payment receipt does not create a right of ownership either, although it may matter for proving payment and for claiming the money back if the contract is invalid.
Before paying significant sums, the legal form of the contract, the conditions of the title transfer and the ways of protecting the buyer’s funds should therefore be reviewed.
Legal basis: Turkish Civil Code No. 4721, Article 705; Turkish Code of Obligations No. 6098, Article 237.
18. Is it mandatory to use a lawyer when buying property in Turkey?
No. In an ordinary purchase there is no general legal requirement to use a lawyer.
An independent lawyer can nevertheless help in reviewing ownership, registered restrictions, contracts, the payment method, the seller’s liability and the legal risks of the transaction.
Legal review before signing matters more in complex transactions, purchases from a developer, purchases by power of attorney and purchases made with a view to citizenship.
Legal basis: Turkish Civil Code No. 4721; Turkish Code of Obligations No. 6098; the rules on land registry transactions.
19. Can an Iranian citizen buy property without travelling to Turkey?
Yes. Provided the legal conditions are met, an Iranian buyer may complete the transaction through a representative who holds a valid power of attorney with sufficient authority.
If the power of attorney is drawn up in Iran, the consular legalisation formalities and the required official translation must be completed before it can be used at the Turkish land registry. A power of attorney issued in Iran that has not gone through the formalities for acceptance of foreign documents is not sufficient for registry transactions in Türkiye.
The power of attorney must expressly cover the intended acts, including the purchase and the title transfer. It is advisable to agree the wording of the powers with the land registry or with the lawyer handling the transaction before it is drawn up.
Legal basis: Turkish Code of Obligations No. 6098; the rules on representation, legalisation of foreign documents and land registry transactions.
20. Can foreign owners rent out the property they have bought in Turkey?
Yes. As a rule, an Iranian or other foreign owner may let the property under Turkish law and earn income from it.
Ordinary residential leases are governed by the provisions of the Turkish Code of Obligations on lease contracts and on the rights of tenants and landlords.
Short-term letting of housing for tourism purposes, for periods of up to 100 days per contract, is however subject to the special rules of Law No. 7464 and as a rule requires the relevant permit. The building’s conditions and the legal requirements should be checked before starting this activity.
If the property is the basis of the owner’s residence permit, the practice of the Migration Administration is that it must be used as the owner’s own home. Letting it or using it to generate income can put a property-based residence permit at risk.
Legal basis: Turkish Code of Obligations No. 6098; Law No. 7464 on the letting of housing for tourism purposes; the Migration Administration’s document list for short-term residence permits.
21. Does buying property in Turkey entitle the buyer to a residence permit?
Buying property may be a basis for applying for a short-term residence permit in Türkiye, but it does not in itself guarantee one.
Under the current administrative practice of the Migration Administration (announced from October 2023), the value of the property on the purchase date must be at least the Turkish lira equivalent of USD 200,000. The property must be residential and be used as the applicant’s own home; using it for letting or other income-generating purposes can put the application at risk. The property must also not be in a neighbourhood that has been closed to new residence permit registrations by foreign nationals.
These conditions are different from the USD 400,000 minimum required for citizenship by real estate investment.
The decision to grant or extend a residence permit lies with the Migration Administration. Before buying a property with residence in mind, the rules and conditions in force at the time of application should therefore be checked.
Legal basis: Law on Foreigners and International Protection No. 6458, Article 31; the Migration Administration’s document list for short-term residence permits (e-İkamet).
22. Can Iranian citizens obtain Turkish citizenship by property investment?
Yes. Iranian citizens who meet the statutory conditions may apply for Turkish citizenship through investment in real estate in Türkiye.
Under Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, the minimum investment for a property purchase is USD 400,000 or its equivalent in foreign currency. The property must meet the legal requirements, and an undertaking not to sell it for three years must be annotated in the land registry.
A qualifying property may be a unit with condominium ownership (kat mülkiyeti) or a construction servitude (kat irtifakı), or land with a building on it that meets the prescribed conditions. In some cases, a notarised promise-to-sell contract (satış vaadi sözleşmesi) that satisfies the payment conditions and carries the three-year annotation is also accepted.
Important restrictions relating to the seller and the property’s history:
Under the TKGM’s implementation guidance, a property used for citizenship is examined with regard to its current owner, its earlier transactions and the relationship between the parties. For example (this list is not exhaustive and must be checked for each transaction):
- Property registered in the name of the applicant, his or her spouse or children, or of companies in which those persons are shareholders or managers, is as a rule not counted towards the investment.
- Property that has already been used to obtain citizenship by real estate investment cannot be used again for another applicant.
- Second-hand property that was transferred within the last three years from a foreign national, or from a person who acquired Turkish citizenship by investment, to a Turkish person or company is as a rule not accepted. Exceptions are provided for certain cases, such as acquisition under a construction (works) contract (eser sözleşmesi).
A property bought in the name of the applicant’s spouse, child or company is not counted towards the amount required for the applicant. The applicant’s spouse and minor or dependent children may acquire Turkish citizenship together with the applicant, provided the relevant statutory conditions are met.
To prove the investment value, the payment documents and the certificate determining the amount of the real estate investment (TTB) are examined under the land registry rules.
Buying property does not automatically confer citizenship. The final decision is taken by the competent Turkish authorities after the legal and administrative conditions have been examined. Legal review of the property and its ownership history before payment is therefore particularly important.
Legal basis: Turkish Citizenship Law No. 5901, Article 12; Regulation on the Implementation of the Turkish Citizenship Law, Article 20; circulars and implementation guidance of the General Directorate of Land Registry and Cadastre (TKGM).
23. Is a valuation report mandatory when buying property in Turkey?
As a rule, no. Under the current practice of the General Directorate of Land Registry and Cadastre (TKGM), a valuation report is not normally required for ordinary purchases by foreign nationals, including Iranian citizens. This should be checked on the date of the transaction.
In purchases made with a view to Turkish citizenship, however, the investment value must be confirmed in line with the relevant rules. For that purpose, the certificate determining the amount of the real estate investment (Tutar Tespit Belgesi, TTB) is prepared on the basis of a valuation report.
According to the amendment of 28 September 2026 to the TKGM circular, the valuation report for citizenship purposes may be prepared by valuation companies authorised by the Capital Markets Board (SPK). Before the amendment, only the report of one designated company was accepted.
The report is requested through the Web Tapu and TADEBİS systems, and the result is sent electronically to the land registry system.
A valuation report is valid for use in registry transactions for 12 months. The period between the issue of the TTB and the application for the citizenship-related transaction must also not exceed 12 months. If that period has passed, the valuation report has to be renewed. Changes affecting the value or the registry status of the property may also make a new report necessary.
Although a valuation report is not required in an ordinary purchase, an independent valuation before the transaction can help the buyer assess the real price and identify some investment risks.
Legal and administrative basis: circulars of the General Directorate of Land Registry and Cadastre (TKGM), as amended on 28 September 2026.
24. What is compulsory earthquake insurance (DASK) and is it required to buy property in Turkey?
Compulsory earthquake insurance (DASK) covers specified losses caused by earthquakes and related risks for the buildings that fall within its scope, up to the limits of the policy.
For property subject to this insurance, a valid policy matters at the official transfer of ownership. Under the implementing requirements applied from 5 September 2026, the policy must be issued in the buyer’s name before the title transfer is carried out.
This requirement concerns transfers of ownership of property subject to the insurance, and should not be extended to all promise-to-sell contracts without checking the rules.
DASK does not replace comprehensive building insurance or home contents insurance, and the extent of its cover is governed by the policy terms and the relevant rules.
Legal and administrative basis: Natural Disaster Insurance Law No. 6305; General Conditions of Compulsory Earthquake Insurance (amendment in force from 5 September 2026).
25. Can a foreign owner sell or transfer the property bought in Turkey?
Yes. An Iranian or other foreign citizen who lawfully owns property in Türkiye may, as a rule, sell it, give it away or otherwise transfer it in accordance with the law.
A transfer may, however, be affected by registered restrictions, mortgages, attachments, third-party rights or contractual undertakings. If the property was used to obtain citizenship by investment, the three-year no-sale undertaking must also be observed.
If the property is transferred to another foreign national, the new buyer’s legal capacity to acquire it must be checked separately.
A sale may also have tax consequences, depending on how long the property was owned, the type of transaction and the seller’s tax position. Legal and tax review before the transfer is therefore advisable.
Legal basis: Turkish Civil Code No. 4721; Land Registry Law No. 2644; Income Tax Law No. 193; Regulation on the Implementation of the Turkish Citizenship Law, Article 20.
Part Two: Legal Due Diligence and Property Disputes
26. What legal checks should be made before buying property in Turkey?
Before buying property in Türkiye, Iranian and other foreign buyers should review its legal, registry and building status. This review, known as legal due diligence, aims to identify risks that could affect ownership, use of the property or the value of the investment.
The main checks are:
- Ownership and registry records: matching the seller’s identity with the registered owner and checking mortgages, attachments, servitudes, transfer restrictions and other third-party rights.
- Building status: checking the building permit (yapı ruhsatı), the occupancy permit (yapı kullanma izin belgesi, or iskân), the lawful use and whether the actual state of the property matches the official documents.
- Restrictions on foreign nationals: confirming that the purchase is legally permitted for the buyer in the area concerned.
- Debts and obligations: checking possible debts linked to the property, the building’s common charges and any existing leases.
- Contract and payment terms: reviewing the price, the payment method, the date of the title transfer, the parties’ responsibilities and the terms on termination or refund.
If the buyer’s aim is a residence permit based on ownership, it should be checked before buying that the property is not in a neighbourhood closed to new residence permit registrations by foreign nationals (ikamet iznine kapalı mahalleler). Under the current administrative practice of the Migration Administration (announced from October 2023), the value of the property on the purchase date must also be at least the Turkish lira equivalent of USD 200,000. The property must be residential and be used as the applicant’s own home; using it for letting or other income-generating purposes can put the application at risk.
These conditions are different from the USD 400,000 minimum required for citizenship by real estate investment. Being legally able to buy the property and meeting these conditions does not in itself guarantee a residence permit, so the residence conditions should be reviewed before the contract is signed and money is paid.
Legal basis: Turkish Civil Code No. 4721; Land Registry Law No. 2644, Article 35; Zoning Law No. 3194; Law on Foreigners and International Protection No. 6458, Article 31; the Migration Administration’s document list for short-term residence permits (e-İkamet) and its announcements on closed neighbourhoods.
27. How can you find out whether a property has debts, a mortgage or an attachment?
To check the legal status of a property, the official land registry records (tapu sicili) and the section on registered restrictions and rights (takyidat) must be examined.
This may reveal a bank mortgage (ipotek), an attachment (haciz), servitudes (irtifak hakkı), transfer restrictions or other third-party rights.
Not every debt linked to a property is necessarily visible in the land registry, however. Debts for the building’s common charges, some tax liabilities and utility debts, for example, may need to be checked separately.
The buyer should therefore not rely only on a copy of the title deed or on what the seller says. Checking the official records and obtaining documents on possible debts before the title transfer is important.
Legal basis: Turkish Civil Code No. 4721, Article 1020, and land registry regulations; Condominium Law No. 634 as regards the building’s common charges.
28. Can you buy a property that has a bank mortgage on it?
Yes. A bank mortgage (ipotek) does not necessarily prevent a sale, but buying a mortgaged property can create significant legal and financial risks for the buyer.
A mortgage is a right in rem established over the property to secure the claim of a creditor, usually a bank. Transferring ownership to a new buyer does not in itself remove the mortgage. If it remains in place, the property may be exposed to enforcement of the mortgage if the secured debt is not paid.
Before buying such a property, the amount and status of the debt, the settlement terms, the necessary consents and the way the mortgage will be formally removed from the land registry should be reviewed.
If it is agreed that the debt will be settled out of the sale price, the payment and release mechanism should be arranged so that the buyer is not exposed to unnecessary risk before being sure that the property has been released.
Legal basis: Turkish Civil Code No. 4721, Article 888, and the rules on mortgages over immovable property.
29. What rights does the buyer have if the seller is not the legal owner?
In a Turkish property transaction, the first thing to establish is whether the seller is the registered owner or holds valid legal authority to transfer the property. A person who is not the owner and has no such authority cannot, as a rule, validly transfer someone else’s ownership.
The Turkish Civil Code does, however, protect in defined circumstances persons who have acquired a right in rem in good faith, relying on the land registry. That protection is not absolute and depends on the circumstances of the transaction, the state of the registry and the buyer’s good faith.
If the seller received money without having the necessary right or authority, the buyer may, depending on the case, be entitled to claim repayment or damages, or to bring a civil action.
Where loss has been caused by an error or incorrect entry in the land registry, the liability of the State may also arise under the relevant statutory conditions.
Choosing the right course requires a review of the contract, the payment documents, the registry status and the conduct of the parties.
Legal basis: Turkish Civil Code No. 4721, Articles 1007, 1023 and 1024; Turkish Code of Obligations No. 6098, provisions on contractual liability and restitution.
30. What should you do if the property does not match the title deed?
If the actual features of the property differ from the title deed or the official records, the buyer should establish the reason for the difference before going ahead.
The discrepancy may concern the area, the unit number, the location, the boundaries, the type of use or the legal status of the building. Some differences may result from a registry error or outdated information; others may point to unauthorised construction or serious ownership problems.
In such a case the land registry information, the official plans, the municipal records and, if necessary, a technical expert’s report should be examined.
If the discrepancy is a correctable error, the possibility and procedure for correction by the competent authority should be established. If it materially affects the subject of the transaction or the lawful use of the property, signing a contract or paying before the matter is clarified can be risky for the buyer.
Legal basis: Turkish Civil Code No. 4721, Articles 1025 and 1027; Zoning Law No. 3194 and the rules on plans and building permits.
31. How can you check the building permit and the legal status of a building?
Before buying property in Türkiye, the buyer should make sure that the building was constructed in line with zoning rules and the required permits. The existence of a title deed (tapu) does not in itself mean that every part of the building is lawful or matches the permits issued.
One of the most important documents is the building permit (yapı ruhsatı), which as a rule is issued by the municipality or other competent administrative authority. It shows the plans, specifications and conditions on which construction was authorised.
The buyer should compare the property with the building permit, the approved architectural project (onaylı mimari proje), the designated use and the municipal records. It should also be checked whether the building has an occupancy permit (yapı kullanma izin belgesi) and whether there is any building violation or relevant administrative decision.
If the actual state of the building differs from the official documents, review by a lawyer and a technical expert before payment is advisable.
Legal basis: Turkish Zoning Law No. 3194 (İmar Kanunu), Articles 20 and 21, and the rules on the issue of permits and building supervision.
32. What is an occupancy permit (iskân) and why does it matter when buying an apartment?
“İskân” is the common term for the occupancy permit (yapı kullanma izin belgesi) in Türkiye. As a rule it is issued once the building is complete and has been checked for compliance with the building permit, the approved plans and the required technical conditions.
It matters because it shows that the competent authority has permitted the building, or the relevant part of it, to be used in accordance with the rules. Its absence may affect lawful use of the property, utility services and some administrative steps relating to the building.
A distinction must be drawn between the building permit (yapı ruhsatı), the occupancy permit (iskân), a construction servitude (kat irtifakı) and condominium ownership (kat mülkiyeti). These documents and legal statuses are not the same.
Before buying an apartment, the occupancy status of the building and of the unit should be checked, to establish whether the property can be used in line with the permits issued.
Legal basis: Zoning Law No. 3194, Articles 30 and 31; Condominium Law No. 634 (Kat Mülkiyeti Kanunu).
33. What are the risks if a property has no occupancy permit or has building violations?
Buying a property that has no occupancy permit (iskân) or was built contrary to its building permit may expose the buyer to legal, financial and administrative risks.
Depending on the type of violation and the state of the property, these may include problems with lawful use of the building, limits on utility services, the cost of regularising the building and administrative action against unauthorised construction.
Under the Turkish Zoning Law, where construction without a permit or contrary to the permit and approved plans is established, the competent authorities may, on the statutory conditions, take measures such as stopping the works, requiring the violation to be remedied, issuing a demolition decision or imposing an administrative fine.
The absence of an occupancy permit does not in every case mean that a demolition order will follow. Each building has to be assessed in light of its documents, date of construction, the type of violation and any existing administrative decisions.
Before buying such a property, the legal possibility of remedying the violation, the likely costs and the effect on ownership and use should be established.
Some older buildings may hold a building registration certificate (yapı kayıt belgesi) issued under the 2018 regularisation scheme known as “İmar Barışı”. This certificate is not the same as an occupancy permit (iskân) and does not in itself guarantee that the building’s status is fully lawful or that the building is safe in an earthquake. The validity of the certificate, the conditions on which it was issued and the legal and technical status of the building should therefore be checked before buying.
Legal basis: Zoning Law No. 3194, Articles 30, 31, 32 and 42 and Provisional Article 16 (added by Law No. 7143); Condominium Law No. 634 where applicable.
34. What should you do if the seller refuses to transfer the title after taking a deposit?
If the seller refuses to complete the official title transfer after receiving a deposit or part of the price, the buyer’s rights depend on the validity of the contract, the type of transaction, the payment terms and the reason for the refusal.
Under Article 237 of the Turkish Code of Obligations, a contract for the sale of real estate and a promise-to-sell contract must comply with the official form prescribed by law. A private contract without that form is therefore, as a rule, not in itself a sufficient basis for compelling the seller to transfer the title.
Where there is a valid and enforceable contract, the buyer may, depending on the case, be able to claim performance, transfer of title through the court, or damages for breach of contract.
In prepaid housing sales covered by Consumer Protection Law No. 6502, however, Article 41 gives the consumer special protection: the seller cannot later rely on the contract’s lack of legal form to the consumer’s detriment. The effects of this protection and the possibility of claiming transfer of title have to be assessed on the facts of the case.
If transfer of title is not legally possible, the buyer may be able to pursue repayment of the sums paid and, where the statutory conditions exist, other claims.
Keeping the contract, payment receipts, correspondence and documents on the seller’s undertakings is important for any legal action.
Legal basis: Turkish Code of Obligations No. 6098, Articles 77, 112, 117, 125 and 237; Consumer Protection Law No. 6502, Articles 40 and 41, in transactions within its scope.
35. Can the buyer get the deposit (kapora) back?
Yes. Depending on the terms of the contract and the legal nature of the sum paid, the buyer may be entitled to claim the deposit back. Simply calling the payment “kapora” does not mean the seller may keep it if the transaction does not go ahead.
Turkish law distinguishes between the following:
- Earnest money (bağlanma parası): under Article 177 of the Turkish Code of Obligations, a sum paid when the contract is concluded is as a rule treated as evidence that the contract has been concluded, not as forfeit money. Unless there is an agreement or custom to the contrary, it is deducted from the main debt.
- Forfeit money (cayma parası): under Article 178, if such a sum has been agreed, the party who paid it loses it on withdrawing; the party who received it must, as a rule, return double the amount on withdrawing.
- Advance payment (avans): if the sum is part of the purchase price, whether it can be refunded depends on the validity of the contract, performance of the obligations and the relevant statutory conditions.
The rules on forfeit money should not be applied without first examining the validity of the main contract. If the property contract is invalid because the official form required by law was not observed, repayment may fall to be assessed under the rules on unjust enrichment.
In prepaid housing sales covered by the Consumer Protection Law, the special rules on the form of the contract, the right of withdrawal, termination and refunds must also be observed.
To determine whether a deposit is refundable, the text of the contract, the true nature of the payment, the receipts, the reason the transaction did not go ahead and the legal position of the parties therefore need to be reviewed.
Legal basis: Turkish Code of Obligations No. 6098, Articles 77, 177, 178 and 237; Consumer Protection Law No. 6502, Articles 40 to 45, in transactions within its scope.
36. What rights does the buyer have if the developer does not deliver on time?
If the developer or seller does not deliver the property on the agreed date, the buyer may, depending on the type of contract, the reason for the delay and the statutory conditions, be entitled to claim delivery, damages for delay, or withdrawal from the contract and repayment of the sums paid.
Under Articles 117 and 123 to 125 of the Turkish Code of Obligations, where performance is delayed the buyer may, subject to the statutory conditions, claim performance and damages. In some cases it is also possible to give up performance and claim damages, or to withdraw from the contract. Whether a formal notice and an additional period are needed depends on the contract terms and the relevant rules.
In off-plan housing sales covered by Consumer Protection Law No. 6502, Article 44 provides that the property must be delivered within the period undertaken in the contract, and that this period may in no case exceed 48 months from the date of the contract. This statutory ceiling does not allow a developer to delay delivery without liability beyond a shorter date it has accepted in the contract.
Under Article 43 of the same Law, the consumer may withdraw from an off-plan housing contract within 14 days without giving reasons and without penalty. Article 45 also provides, as a rule, for a right to withdraw from the contract up to 24 months from its date; depending on the timing and reason for the withdrawal, however, statutory charges may apply. If the seller fails to perform its obligations, or to perform them properly, it cannot claim from the consumer the charges prohibited by Article 45.
On a withdrawal under Article 45, the refundable sums and the documents binding the consumer must be returned within 180 days at the latest from the date the seller receives the withdrawal notice.
The buyer is advised to keep the contract, the delivery schedule, payment receipts, correspondence and evidence of the delay, and to review the legal consequences before accepting an extension or signing a new agreement.
Legal basis: Turkish Code of Obligations No. 6098, Articles 112, 117 and 123 to 125; Consumer Protection Law No. 6502, Articles 40, 43, 44 and 45.
37. What legal remedies are there if the delivered property has hidden defects?
If defects that could not easily have been detected at the time of purchase come to light after delivery, the buyer may be able to rely on the statutory rights relating to defects. Such defects may include serious insulation problems, water ingress, faulty installations or material differences from the agreed specifications.
In transactions covered by Consumer Protection Law No. 6502, Articles 8 to 11 provide for rights such as withdrawal from the contract, a proportionate price reduction, free repair and, where possible, replacement with a defect-free equivalent. The choice and exercise of each remedy depend on the statutory conditions and the nature of the defect. Damages may also be claimed where the conditions are met.
Under Article 12 of the same Law, the limitation period for liability for defects in residential and holiday property is, as a rule, five years from delivery. In second-hand sales covered by the consumer law, this period cannot be less than three years. If the defect was concealed through gross fault or fraud, the ordinary limitation periods in that Article do not apply.
In transactions outside the Consumer Protection Law, the provisions of the Turkish Code of Obligations on the seller’s liability for defects apply. Under Article 244 of that Code, claims arising from defects in a building become time-barred, as a rule, five years after the transfer of ownership, and twenty years after it where the seller is grossly at fault.
Under Article 223, the buyer must inspect the property at the first reasonable opportunity and notify the seller of visible defects within an appropriate time. A defect that could not be discovered on an ordinary inspection must be notified to the seller immediately after it is discovered. The rules on the seller’s gross fault must also be taken into account when assessing the consequences of late notification.
To prove a defect, it is important to obtain a technical expert’s report, take photographs, keep correspondence and notify the seller.
Legal basis: Consumer Protection Law No. 6502, Articles 8 to 12; Turkish Code of Obligations No. 6098, Articles 219, 223, 225, 227 and 244.
38. Can you claim compensation if the actual area differs from the stated area?
Possibly. If the actual area is smaller than the area stated in the contract, the advertisement or the sales documents, the buyer’s rights depend on the contract terms, how the area was defined and the legal conditions of the transaction.
A distinction must be drawn between net area (net alan) and gross area (brüt alan). The two are not the same, and a difference between them does not necessarily mean the seller is in breach. What matters is what area the seller undertook, on what definition, and how the delivered property differs from that undertaking.
Under Article 219 of the Turkish Code of Obligations, the seller may be liable for the absence of stated qualities or for a material difference in the quantity and features of the property. Article 227 provides, where the conditions for liability for defects are met, for remedies such as a price reduction, withdrawal from the contract and other statutory rights.
In consumer transactions, Articles 8 and 11 of Law No. 6502 may also apply, because a property that lacks the features stated in the advertising or the contract may be regarded as defective goods.
To assess a difference in area, the title deed, the contract, the sales advertisement, the approved architectural plan and an expert measurement should be examined. The amount of damages or price reduction is not determined automatically by simply multiplying the missing square metres; it depends on the circumstances of the transaction and on legal and technical assessment.
Under Article 244 of the Turkish Code of Obligations, if the property does not have the area stated in the sale contract, the seller is as a rule obliged to make good the shortfall, unless otherwise agreed. If the area recorded in the land registry is based on an official measurement, however, the seller is liable only if it has specifically undertaken that liability.
Legal basis: Turkish Code of Obligations No. 6098, Articles 219, 227 and 244; Consumer Protection Law No. 6502, Articles 8, 9 and 11, in transactions within its scope.
39. What is the liability of a seller or estate agent who gave false information?
If the seller or an estate agent has given false or misleading information about the essential features of the property, legal liability may arise, depending on the person’s role, the type of information, whether there was fault or deception, and the loss caused.
For example, a misstatement of the area, the status of the building permits, the possibility of using the property or the existence of significant restrictions may affect the buyer’s decision.
Under Article 36 of the Turkish Code of Obligations, a person who entered into a contract as a result of the other party’s deception may not be bound by it, even if the mistake was not a fundamental one. If the deception was carried out by a third party, such as an intermediary, applying this Article against the contracting party depends on conditions including whether that party knew or could have known of the deception.
Article 39 of the same Code lays down, as a rule, a one-year period from the time the deception is discovered for declaring that one is not bound by the contract. This period should not be confused with the limitation periods for other damages claims.
In consumer transactions, the features stated in advertisements, publicity or the seller’s descriptions may also be relevant in determining whether the property conforms to the contract and whether the seller is liable.
The estate agent’s liability has to be assessed separately, in light of the agent’s contractual obligations, professional duties and actual role in providing the information. Not every piece of wrong information amounts to the criminal offence of fraud.
The buyer should keep advertisements, images, messages, correspondence, contracts and any written statement about the property.
Legal basis: Turkish Code of Obligations No. 6098, Articles 36, 39, 49 and 50; Consumer Protection Law No. 6502, Articles 8 and 9, in transactions within its scope.
40. What can a foreign buyer do if they become a victim of property fraud in Turkey?
An Iranian or other foreign buyer who suspects they have been defrauded in a property transaction should, as soon as possible, preserve the transaction documents and check the ownership position, the payments and the persons involved.
Possible examples include the use of forged documents, presenting a non-owner as the owner, taking money on promises known to be untrue, or a fraudulent sale of a property. However, the mere non-performance of a contractual obligation or late delivery does not in itself prove the offence of fraud.
Where there are indications of an offence, the buyer may file a criminal complaint with the Turkish public prosecutor’s office (Cumhuriyet Başsavcılığı), in person or through a lawyer. Whether the conduct amounts to simple or aggravated fraud depends on the statutory elements of the offence and the evidence in the case.
In addition to a criminal complaint, separate civil steps may be needed to recover funds, claim damages, have the contract set aside or protect rights relating to the property. A criminal complaint does not in itself guarantee that the money paid will be returned or that ownership will pass to the buyer.
Important documents include the contract, bank receipts, the recipient’s account details, powers of attorney, images of advertisements, messages, emails and registry documents. If there is a risk that the property will be transferred or assets dissipated, the possibility of applying for urgent judicial measures should be considered.
Iranian citizens, too, may use the Turkish courts to protect their rights under Turkish law. The appropriate route depends on the type of transaction, the available evidence and the position of the persons and assets involved.
Legal basis: Turkish Code of Obligations No. 6098, Articles 36, 39, 49 and 50; Turkish Criminal Code No. 5237, Articles 157 and 158, subject to the elements of the offence being established; the relevant rules of criminal and civil procedure.
41. Can you terminate a property purchase contract and get your money back?
Whether a purchase contract can be terminated or withdrawn from, and the sums paid recovered, depends on the type of contract, the reason and the legal conditions of the transaction. A buyer cannot unilaterally terminate every property transaction simply because of a change of mind.
Where the seller breaches its essential obligations, for example by refusing to transfer ownership lawfully or failing to deliver the property on the agreed terms, the buyer may, subject to the Turkish Code of Obligations, be entitled to withdraw from the contract, recover the sums paid or claim damages. If the contract was concluded as a result of deception, the rules on defects of consent may also be relied on.
In off-plan housing sales covered by Consumer Protection Law No. 6502, the consumer is as a rule entitled to withdraw within 14 days without giving reasons and without penalty. Article 45 also provides for a right to withdraw up to 24 months from the date of the contract; depending on the reason and timing of the withdrawal, however, statutory charges may apply.
If the seller has not performed its obligations, or has not performed them properly, specific statutory limits apply to the charges that can be claimed from the consumer. On a withdrawal under Article 45, the refundable sums must be returned within 180 days at the latest from the date the withdrawal notice reaches the seller.
If a property sale contract was concluded without the mandatory official form, it may be legally invalid; in that situation, recovery of the sums paid may be assessed under the rules on unjust enrichment.
The invalidity of the contract does not, however, necessarily mean that all costs or losses are automatically recoverable.
Before sending a notice of termination or withdrawal, the validity of the contract, the registry position, the payment terms and the statutory time limits should be reviewed.
Legal basis: Turkish Code of Obligations No. 6098, Articles 36, 39, 77, 112, 117, 123 to 125 and 237; Consumer Protection Law No. 6502, Articles 40 to 45.
42. Which court in Turkey has jurisdiction over property purchase disputes?
The competent court for property purchase disputes in Türkiye depends on the nature of the claim, the type of contract and the legal relationship between the parties. The fact that a dispute concerns a property does not mean that every claim must be brought before the same type of court.
In claims concerning ownership of real estate, cancellation and registration of title (tapu iptali ve tescil) and other claims covered by Article 12 of the Turkish Code of Civil Procedure, the court of the place where the property is located has exclusive territorial jurisdiction. This rule is particularly important for claims concerning rights in rem over real estate.
As to the type of court, ownership disputes and many contractual property claims may be brought before the civil court of first instance (Asliye Hukuk Mahkemesi). If the dispute arises from a consumer transaction, however, the consumer court (Tüketici Mahkemesi) may have jurisdiction. Some tenancy claims fall within the jurisdiction of the civil court of peace (Sulh Hukuk Mahkemesi).
In purely monetary or contractual claims that are not directly subject to the exclusive jurisdiction of the place where the property is located, other rules may apply, including the defendant’s place of residence or the place of performance of the contract.
Before filing, both subject-matter jurisdiction (which type of court) and territorial jurisdiction (which city or place) should therefore be established. Filing in the wrong forum may cause delay and additional cost.
Legal basis: Turkish Code of Civil Procedure No. 6100, Articles 2, 4, 6, 10 and 12; Consumer Protection Law No. 6502, Article 73.
43. Is mediation mandatory before filing a lawsuit in property disputes?
No, mediation is not mandatory for all property disputes in Türkiye. In some claims, however, applying to mediation before filing is a statutory precondition.
Under Article 18/B of the Law on Mediation in Civil Disputes No. 6325, since 1 September 2023 applying to mediation before filing has been mandatory for certain disputes, including:
- disputes arising from tenancy relationships, except for specified cases of eviction through enforcement proceedings without a court judgment;
- disputes on the partition of movable and immovable property and the dissolution of co-ownership (ortaklığın giderilmesi);
- disputes arising from the Condominium Law (Kat Mülkiyeti Kanunu);
- disputes concerning neighbour rights.
By contrast, the mere fact that a dispute concerns the purchase or ownership of a property does not in itself make mediation mandatory.
For example, claims for cancellation and registration of title are not subject to the general mediation requirement solely because they relate to real estate.
Under Article 17/B of Law No. 6325, disputes concerning the transfer of ownership of real estate or the creation of limited rights in rem over it may also be resolved through mediation. The fact that mediation is available does not, however, mean that it is mandatory before every claim relating to a transfer of ownership.
Some claims for money or damages may be subject to separate mandatory mediation rules because the relationship is commercial or a consumer one. The exact nature of the claim and of the parties’ legal relationship therefore has to be examined.
Where mediation is a statutory precondition, failing to apply to it before filing may lead to the claim being dismissed for non-compliance with the statutory conditions. Mandatory mediation does not mean the parties are obliged to reach an agreement.
Legal basis: Law on Mediation in Civil Disputes No. 6325, Articles 17/B, 18/A and 18/B; Consumer Protection Law No. 6502, Article 73/A, in claims within its scope; Turkish Commercial Code No. 6102, Article 5/A, in commercial claims within its scope.
44. How are the buyers’ rights determined if one property has been sold to several people?
If a seller has promised a property to several buyers, or has entered into contracts to sell it with several people, their rights depend on the type of contracts, the time of registration of ownership, any registered rights and the good faith of the parties.
Under Turkish law, ownership of real estate passes, as a rule, on registration of the transfer in the land registry (tapu sicili). Signing a private contract or paying the price is therefore usually not enough to create a right of ownership.
If ownership has been validly registered in the name of one of the buyers, that buyer’s legal position differs from that of a person who holds only a sale or promise-to-sell contract. Registration is not always immune from challenge, however.
In cases such as invalid registration, fraud or a buyer’s knowledge that the rights of others were being infringed, a civil claim may be considered.
Under Articles 1023 and 1024 of the Turkish Civil Code, the protection of persons who relied in good faith on the land registry is particularly important. A person who knew or ought to have known that a registration was invalid cannot rely on the statutory protection of good faith in those circumstances.
If the right arising from a promise-to-sell contract (satış vaadi sözleşmesi) has been validly annotated in the land registry, then under Article 1009 of the Turkish Civil Code it can, as a rule, also be relied on against persons who later acquire rights over the same property. Where a property has been sold to several people, the date and validity of such an annotation can therefore be decisive in determining the buyers’ rights.
Buyers to whom ownership has not been transferred may, depending on the validity of their contract and the circumstances of the case, be entitled to claim performance, repayment or damages.
In disputes of this kind, the full registry history, the dates of the contracts, the payments, the registered restrictions and any allegation of fraud need to be reviewed.
Legal basis: Turkish Civil Code No. 4721, Articles 705, 1009 and 1023 to 1025; Turkish Code of Obligations No. 6098, Articles 112, 125 and 237; Land Registry Law No. 2644, Article 26.
45. What rights and obligations does the new owner have if the property has a tenant?
Buying a tenanted property does not automatically end the lease or give the new owner a right to immediate eviction.
Under Article 310 of the Turkish Code of Obligations, if a leased property is transferred to another person after the lease was concluded, the new owner as a rule takes the place of the former landlord in the contractual relationship. The new owner must therefore respect the tenant’s statutory rights and the obligations arising from the lease.
If the new owner genuinely needs the property as a home for themselves, their spouse, children, parents or other persons specified by law, they may be able to seek eviction under Article 351 of the Turkish Code of Obligations.
In that case, the new owner may notify the tenant of the need in writing within one month of acquiring the property and, six months after the acquisition, bring an eviction claim subject to the statutory conditions. 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.
If disputed, a genuine and lawful need has to be proved. Annotation of the lease in the land registry and other contract terms may also affect whether and how eviction can be sought.
In tenancy claims covered by Article 18/B of the Mediation Law No. 6325, applying to mediation before filing is as a rule mandatory.
Before buying a tenanted property, it is advisable to review the lease, its term, the rent, the deposit, the payment record and any registered right of the tenant.
Legal basis: Turkish Code of Obligations No. 6098, Articles 310 and 351; Law on Mediation in Civil Disputes No. 6325, Article 18/B; Turkish Civil Code No. 4721, provisions on the annotation of rights in the land registry.
46. Can unpaid building charges or common expenses cause problems for the new owner?
Yes. Debts for building charges and common expenses (aidat) may create financial or legal problems for a new owner. A distinction must be drawn, however, between the previous owner’s debts and the new owner’s obligations.
Under Article 20 of the Condominium Law No. 634, the owners of independent units must contribute to the building’s common expenses, including maintenance, cleaning, management, repairs and other lawful outgoings. Failure to pay may lead to a claim for the debt, default charges or enforcement proceedings.
The extent to which a new owner is held liable for charges relating to the previous owner’s period depends on the circumstances of the case and should be checked before buying. Liability for new and extraordinary expenses is likewise determined by when the obligation arose, the decisions of the building management and the terms of the transaction.
Decisions on major repairs, renovation or extraordinary expenses may also have been taken before the purchase, with the financial effects appearing only after the transfer. Who is liable depends on when the obligation arose, the nature of the expense and the statutory conditions.
To avoid disputes, the buyer is advised to obtain from the building management (site yönetimi), before the title transfer, information on outstanding charges, common expenses, significant financial decisions and any related enforcement action. It is also advisable to state in the contract who is responsible for settling debts that predate the transfer.
Legal basis: Condominium Law No. 634, in particular Articles 20 and 22; Turkish Code of Obligations No. 6098.
47. If an Iranian owner dies, how does their property in Turkey pass to the heirs?
If an Iranian citizen who owns property in Türkiye dies, the succession to that property is assessed under Turkish private international law and the rules on ownership and inheritance.
Under Article 20 of the Turkish Law on Private International Law and International Civil Procedure No. 5718, succession is as a rule governed by the national law of the deceased, but Turkish law applies to immovable property located in Türkiye. The Turkish rules on inheritance and ownership are therefore central to determining the heirs’ rights over property located in Türkiye.
Under Article 599 of the Turkish Civil Code, the heirs as a rule acquire the deceased’s transferable rights and obligations by operation of law on death. Article 705 of the same Code provides that in cases such as inheritance, ownership of real estate may arise before the transfer is registered in the land registry. To carry out later transactions and have the ownership position officially recorded, however, the registry formalities must be completed.
Where the heirs live in Iran or other countries, a death certificate, identity documents, documents proving heirship, official translations and legalisation of foreign documents may be required.
The deceased’s debts, the existence of a will, disputes between heirs and the statutory limits on ownership of real estate by foreign nationals may also affect the transfer and registration.
For this reason, the transfer of inherited property to Iranian heirs should be handled with the inheritance rules, the land registry rules and the restrictions on foreign ownership all reviewed together.
Legal basis: Turkish Law on Private International Law No. 5718, Article 20; Turkish Civil Code No. 4721, Articles 599 and 705; Land Registry Law No. 2644, Article 35.
48. Can Iranian heirs register inherited property in Turkey in their own names?
As a rule, yes, but registering inherited property in the names of Iranian heirs depends on heirship being legally established, the required documents being submitted and the rules on foreign ownership in Türkiye being observed.
The first step is to establish who the legal heirs are and what share each holds. A certificate of inheritance (mirasçılık belgesi / veraset ilamı) from the competent Turkish authority may be required for this.
If the certificate of inheritance or other documents were issued in Iran, their validity and usability in Türkiye must be examined.
Depending on the type of document, official translation, consular legalisation or other legal formalities may be needed. Submitting a foreign document is not always sufficient in itself to register a transfer of ownership.
Once heirship is established, the application to register the transfer by inheritance (intikal) is made to the land registry office (Tapu Müdürlüğü). At this stage the registry status of the property, the heirs’ documents, tax obligations and the relevant statutory restrictions are examined.
A distinction must be drawn between the right of inheritance, registration of the transfer by inheritance, and whether a foreign heir may retain ownership of the property.
According to the practice announced by the General Directorate of Land Registry and Cadastre (TKGM), a transfer by inheritance is first registered in the land registry, and the foreign heir’s ownership is then examined against the statutory restrictions. If retaining ownership would conflict with the rules on foreign nationals, the property may have to be disposed of or liquidated as provided by law.
If the heirs disagree about their shares or about dividing the property, court proceedings may also be necessary.
Legal basis: Turkish Civil Code No. 4721, Articles 598, 599 and 705; Land Registry Law No. 2644, Article 35; Turkish Law on Private International Law No. 5718, Article 20; instructions and administrative practice of the General Directorate of Land Registry and Cadastre (TKGM) on transfers of property to foreign heirs.
49. Is buying through a Turkish company different from buying in a foreign individual’s own name?
Yes. Buying property in the name of a company registered in Türkiye is legally different from buying it in the name of an Iranian or other foreign individual. The difference can affect ownership, statutory restrictions, tax and the use of the property for residence or investment purposes.
If an Iranian citizen buys in their own name, ownership is registered directly in their name in the land registry. If the property is bought by a Turkish company, the legal owner is the company, not its Iranian shareholder or partner.
Companies registered in Türkiye with foreign shareholders are not necessarily all subject to the same restrictions. Under Article 36 of the Land Registry Law No. 2644, whether the special rules on acquisitions by foreign-capital companies apply depends on factors such as the level of foreign ownership or control and the company’s structure. Companies that fall outside those special rules may, as a rule, buy property under the general rules applicable to domestic Turkish companies.
The difference also matters for residence and citizenship. Ownership of a property registered in a company’s name is not in itself equivalent to personal ownership by the foreign shareholder. It cannot therefore be assumed that buying through a Turkish company creates the same rights as property-based residence or citizenship by personal investment.
The tax, accounting and running-cost consequences and the company’s responsibilities may also differ from personal ownership.
Before choosing a purchase structure, the investment aim, the company’s type of activity, the shareholders’ position, the statutory restrictions and the tax consequences should be reviewed.
Legal basis: Land Registry Law No. 2644, Articles 35 and 36; Turkish Commercial Code No. 6102; Law on Foreigners and International Protection No. 6458, Article 31; Turkish Citizenship Law No. 5901 and its implementing rules.
50. Can the buyer challenge a refusal of a property-based residence or citizenship application?
Yes. A refusal of a Turkish residence permit or citizenship application may, on the statutory conditions, be open to objection or judicial review.
Buying property does not in itself guarantee residence or citizenship, however, and the two procedures are governed by separate rules and criteria.
Residence permit applications by foreign nationals are examined under the Law on Foreigners and International Protection No. 6458. If an application is refused, the applicant should review the notified decision, the reasons for refusal and the applicable time limits.
Under Article 7 of the Administrative Procedure Law No. 2577, the general period for bringing an action before the Turkish administrative courts is as a rule 60 days, unless a special law provides for a different period. The period usually starts on the day after written notification of the decision.
Under Article 11 of the same Law, the applicant may also, within the statutory period, ask the superior administrative authority or the authority that issued the decision to revoke, amend or reconsider it. If the statutory conditions are met, such a request stops the time limit for bringing an action from running. If the request is refused, or no reply is received within 30 days, the remaining period starts to run again and the time that elapsed before the request is also counted.
In citizenship by investment files, too, a refusal may be reviewed as regards compliance with the statutory conditions, the documents submitted and the lawfulness of the administrative decision. Meeting the investment conditions does not, however, necessarily mean there is a definite right to citizenship.
A distinction must also be drawn between challenging a decision of the Migration Administration, decisions on whether the investment conditions are met, and the final decision on citizenship, since the deciding authority and the legal route for a challenge may differ.
A refusal of residence or citizenship does not in itself terminate the purchase contract or entitle the buyer to the price back. The buyer’s rights against the seller depend on the contract terms, the undertakings given and the relevant rules.
The applicant is advised, immediately on receiving a refusal, to check the date of notification, the issuing authority, the reasons and the possibility of an administrative or judicial challenge, so that the statutory time limits are not missed.
Legal basis: Law on Foreigners and International Protection No. 6458, Articles 31 to 33; Turkish Citizenship Law No. 5901 and its implementing rules; Administrative Procedure Law No. 2577, Articles 7 and 11.
Next step
Before paying any money or signing a contract, check the registry status of the property, its ownership history, the building permits, the contract text and the payment method. Putting an unsuitable transaction right after payment is far more difficult.
How we work
Tercan Legal advises on Turkish law. Before accepting any matter we carry out identity, conflict and sanctions checks. We do not act for persons or entities designated under the sanctions regimes we are required or have undertaken to observe, and we do not advise on, design or facilitate any arrangement intended to avoid sanctions, banking compliance, anti-money-laundering or currency rules. Our work in this area is limited to identifying the legal basis of a measure, preparing accurate documents and using the remedies available under Turkish law.
Tercan Legal
The lawyers of Tercan Legal can review the legal status of the property and the seller, the registry records, the contract and the payment documents, and assess whether the property is suitable for your purpose (living, investment, residence or citizenship). Reviewing a file does not mean guaranteeing an outcome.
To arrange an initial call, you can email info@tercanlegal.com or send a message on WhatsApp +90 506 689 97 22.
This guide is general information based on the rules and administrative practice as of October 2026 and is not legal advice. Rules and administrative practice change; the requirements in force must be checked on the date of the application or transaction. Reading this guide does not create an attorney-client relationship, and the outcome of any matter cannot be guaranteed.
