Foreigners Buying Property in Türkiye

Can foreigners buy property in Türkiye?

Acquisition of real property by foreigners in Türkiye is governed by articles 35 and 36 of Land Registry Law no. 2644. Article 35 deals with foreign natural persons and commercial companies incorporated abroad; article 36 deals with Turkish companies with foreign capital.

The basic rule rests on reciprocity and national interest: subject to statutory restrictions, foreign natural persons who are nationals of countries designated by the President, having regard to bilateral relations and the interests of the country, may acquire real property and limited real rights in Türkiye.

Antalya is among the provinces with the highest volume of residential purchases by foreign nationals. Our work in this field is described on the Antalya immigration lawyer page.

Area limits: ten per cent of the district, thirty hectares per person

Article 35 of the Land Registry Law sets two separate area limits.

The first applies per district: the total area of real property and independent and permanent limited real rights acquired by foreign natural persons may not exceed ten per cent of the district's surface area subject to private ownership.

The second applies per person: the area a foreign natural person may acquire nationwide may not exceed thirty hectares. The President may increase that per-person limit up to twofold.

The district limit depends not on the individual buyer but on the district's overall position. Once the ratio is reached in a district, no new registrations can be made there in the names of foreign natural persons, so the current position should be obtained from the land registry before any transaction.

The President's power to restrict or suspend

Article 35 confers a broad regulatory power on the President.

Where the interests of the country so require, the President may determine, restrict, partly or wholly suspend, or prohibit acquisitions of real property and limited real rights by foreign natural persons and companies incorporated abroad, by country, person, geographical region, duration, number, ratio, type, character, surface area and quantity.

Because of this power, acquisition by foreigners cannot be assessed by reading the text of the Law alone. The Presidential decisions and related rules in force for the buyer's nationality must be checked separately on the date of the transaction.

Additional restrictions apply to property in military prohibited zones, military security zones, strategic zones and special security zones; map and coordinate data for those areas are applied in land registry transactions.

Foreign companies and Turkish companies with foreign capital

Commercial companies with legal personality incorporated abroad under the laws of their own country may acquire real property and limited real rights only within the framework of special legislation. Foreign legal persons other than such companies may not acquire real property, and no limited real right may be created in their favour.

For companies incorporated in Türkiye, article 36 applies. Companies in which foreigners hold fifty per cent or more of the shares, or have the power to appoint or remove a majority of those with management rights, may acquire ownership of or limited real rights over real property in order to carry on the activities stated in their articles of association.

The same principles apply to indirect shareholdings: chains in which the foreign investor's ultimate shareholding reaches fifty per cent, and share transfers resulting in that threshold being reached, are also caught.

Persons within article 28 of Turkish Citizenship Law no. 5901, namely those who were Turkish citizens by birth and lost citizenship by obtaining permission to renounce it, together with their descendants to the third degree, are excluded from the foreign shareholding calculation under article 36.

Undeveloped land: the two-year project obligation

The Law imposes a particular obligation on foreigners acquiring land with no building on it.

Foreign natural persons and companies incorporated abroad must submit the project they will develop on undeveloped land within two years to the relevant Ministry for approval.

A project approved by the Ministry, with start and completion dates set, is sent to the land registry for entry in the declarations section of the register. The Ministry monitors whether the project is completed on time.

The obligation is intended to confine land purchases to genuine investment. Examining the zoning status and whether the project can be realistically scheduled before purchase is therefore important.

Liquidation: the consequence of non-compliant acquisition

The final paragraph of article 35 sets out the sanction for non-compliant acquisition, and it is the provision with the most serious consequences for buyers.

Property subject to liquidation includes that acquired in breach of the article, that found by the relevant Ministry or authorities to be used contrary to the purpose of acquisition, that for which no application was made to the Ministry in time, that whose project was not completed in time, and that acquired by inheritance outside the limits in the first paragraph.

Such property and limited real rights, if not liquidated by the owner within a period not exceeding one year, are liquidated and converted into money, and the proceeds paid to the owner.

The inheritance rule deserves attention: a foreign heir may face a liquidation obligation even where property outside the limits passes to them by inheritance.

Mortgages and lending transactions

The Law sets a separate rule for security interests.

The restrictions in article 35 do not apply to the creation of a mortgage in favour of foreign natural persons or companies incorporated abroad.

This allows foreign lenders to take mortgages. However, where enforcement of the mortgage results in ownership passing to a foreign creditor, that should be assessed as a separate acquisition.

Where a home purchase is financed by a bank abroad, bear in mind that creating the mortgage and acquiring ownership are subject to different rules.

What to check before buying

The first check is the buyer's nationality. Whether the country of which the buyer is a national is among those whose nationals may acquire property in Türkiye under the rules in force should be verified before the transaction.

The second check is the location. The position of the ten per cent ratio in the district, and whether the property lies within a military or special security zone, should be obtained through the land registry.

The third check is the nature of the property. For land, consider the two-year project obligation; for a dwelling, examine the annotations and declarations on the register.

The fourth check is how the price is paid and documented. Where the transaction is conducted by power of attorney, check the scope of the power and, if it was executed abroad, its certification. For the general route followed in files in the Konyaaltı and Alanya area, see the Konyaaltı lawyer page.

Frequently asked questions

Can nationals of any country buy a home in Türkiye?

No. Under article 35 of the Land Registry Law, subject to statutory restrictions, foreign natural persons who are nationals of countries designated by the President may acquire real property.

How much property can a foreigner acquire?

No more than thirty hectares per person nationwide, which the President may increase up to twofold. In addition, total acquisitions by foreigners in a district may not exceed ten per cent of its surface area subject to private ownership.

What must a foreigner do after buying land?

The project to be developed on undeveloped land must be submitted to the relevant Ministry for approval within two years. The approved project is entered in the declarations section of the land register.

What happens to property acquired in breach of the rules?

If not liquidated by the owner within a period not exceeding one year, it is liquidated and converted into money, and the proceeds are paid to the owner.

Can a foreign heir inherit property?

Property acquired by inheritance outside the limits in article 35(1) is subject to liquidation; if not liquidated within the one-year period it is converted into money.

Can a Turkish company with foreign capital buy property?

Under article 36, companies in which foreigners hold fifty per cent or more may acquire property to carry on the activities stated in their articles of association.

Are there limits on mortgages in favour of foreigners?

The restrictions in article 35 do not apply to the creation of a mortgage in favour of foreign natural persons or companies incorporated abroad.

The most common problem in property acquisition by foreigners is assuming the text of the Law is sufficient on its own. Because the President may restrict acquisitions by country, region and quantity, the rules in force on the transaction date must be checked separately.

For an assessment of a sale contract, power of attorney or liquidation process, you may reach the office through the contact page.

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For further detail on the matters discussed here, see our Immigration Law page.

The information on this page is general in nature and does not constitute legal advice. You should consult a lawyer about your own situation.