Title Deed Requirements Related to Foreigners
Foreign real persons who want to acquire real estate from our country;
• Must be one of the citizens of the country determined by the President of the Republic and able to acquire immovable and limited real rights in our country and must meet the acquisition conditions.
* Real persons of foreign nationality, provided that the legal restrictions are observed, all kinds of real estate (housing, workplace, land, field, etc.) in our country in terms of quality, provided that Decency is observed.) can acquire.
• In case of acquisition of Deconstructed real estate by real persons of foreign nationality (immovables such as land without a structure, field), it is necessary to develop a project in accordance with the nature of the real estate and submit this project to the approval of the relevant Ministry within two years. In case of not applying to the Ministry within two years or if the project is not completed within the time limit, the immovable property in question will be subject to the liquidation provisions.
Companies with a legal entity established in Turkey may acquire immovable and limited real rights in order to carry out the activities specified in their articles of association. In order for companies to be evaluated as a company with foreign capital, it is necessary to determine the status of natural persons of foreign nationality (Turkish citizens and Article 28 of the Turkish Citizenship Law No. 5901. except for the persons covered by article), legal entities and international organizations established in accordance with the laws of foreign countries must own 50% or more of the shares or have the authority to appoint or dismiss the majority of the persons entitled to management.
In our country, only citizens of the country determined by the Decision of the President can acquire immovable and limited real rights. That being said;
• The total amount of real estate that a real person with a foreign nationality can acquire is a maximum of thirty hectares throughout the country.
• The total area of the immovable properties that can be acquired by real persons of foreign nationality cannot exceed ten percent of the district surface measurement subject to private ownership.
• If the immovable property desired to be acquired is an immovable property remaining within the “Private Security Zones”, a permit must be obtained from the governorship of the place where the immovable property is located.
In case of acquisition of unstructured real estate by real persons of foreign nationality and trading companies with legal entities established in foreign countries in accordance with the laws of their countries, it is necessary to develop a project within two years and submit this developed project to the approval of the relevant ministry.
* Trading companies with legal personality established in foreign countries according to their own legislation can acquire real estate only if there is a special provision in the laws. Legal entities other than these trading companies cannot acquire real estate and limited real rights cannot be established in their favor.
DOCUMENTS REQUIRED FOR THE SALE PROCESS
Identity Document or Passport The country identity document or passport belonging to the foreigner is presented.
Identity Declaration Form One photo is requested from the foreign real person for the “identity declaration form”.
If there is a representation in the transaction, the document related to the representation is a power of attorney, a guardian’s decision, a certificate of authority …etc. (If transactions are to be made with a power of attorney issued abroad, the original or certified copy of the power of attorney must be submitted along with its translation)
The title deed of the immovable property subject to sale is requested if it exists.
The valuation report of the real estate should be obtained from the valuation authorized organizations published on the official website of the CMB or TDUB.
Compulsory earthquake insurance policy applies to housing, workplace, etc. it is necessary for buildings.
A sworn translator is required if there is a party who does not speak Turkish. (It must be authorized by the regional judicial judicial justice commission.)
The Title Deed Fee is not less than the declared value of the property reported by the relevant municipality
in addition, a title deed fee of 20 per thousand is charged separately for the seller and the buyer based on the declared value for sale. (If there is a fee exemption, a letter to be received from the Tax Office on this issue must be submitted)
Revolving Fund A Revolving Capital fee is charged. (It varies according to the local coefficient applied at the location of the immovable property)
ACQUISITION OF CITIZENSHIP THROUGH THE ACQUISITION OF REAL ESTATE
With the amendment to the Regulation on the Implementation of the Turkish Citizenship Law, foreigners who purchase real estate worth at least 400,000 American dollars or equivalent in foreign currency or equivalent in Turkish Lira after 18.09.2018, provided that they are not sold for 3 years in the land registry records, can obtain Turkish citizenship by an exceptional way. (for immovables purchased between Dec. 12.01.2017-Dec.18.09.2018, the value of the immovable property/immovables must be at least US$1,000,000.)
07.12.2018 ownership or easement shall be established after the date on which at least 400,000 U.S. dollars or Turkish lira advance the amount of money or the exchange of money deposited as promised admittance of the sale of the land held by the notary public for a period of 3 years, the transfer and cancellation of the convention that could be done if the commitment be annotated with Turkish citizenship can be acquired in the land registry.
it is not possible to apply for citizenship with immovable / immovable properties purchased before 12.01.2017 and immovable / immovable properties subject to a sales promise agreement before 07.12.2018.
In case of making a commitment that the immovable / immovable properties worth 400,000 US dollars will not be sold for 3 years by purchasing or making a commitment that the transfer and abandonment of the contract issued by a notary that the sale of the immovable is promised will not be made for 3 years, a “Certificate of Conformity” is issued by the General Directorate of Land Registry and Cadastre or the relevant Regional Directorate as the main document for the citizenship request.
Foreigners who have received the certificate of eligibility first apply for a residence permit to the Provincial Directorate of Migration Management and then apply for citizenship to the Provincial Directorate of Population and Citizenship Affairs.