The ownership is anchored in article 35 of the Turkish Constitution. This article stipulates that anyone is entitled to ownership and that these rights can only be restricted by other legal stipulations. The restrictions may consist, for instance, of zoning schemes, restrictions applicable to foreigners and matters such as having the right of way.

The ownership regulations are elaborated in the Turkish Civil Code. This describes how ownership is acquired. For the purchase of real estate by a foreign person, especially the entry in the land register is important.

In Turkey there are regional directorates of the land register in 15 places, which are subdivided in provincial or district offices. In principle, the land register is accessible to everyone.

In Turkey the ownership of real estate is obtained by entry in the land register (article 633 Turkish Civil Code) and the simultaneous delivery of the real estate. These two steps must be taken in the way described in the Turkish Civil Code; moreover, all formalities must be fulfilled.  Any non-observance of the formalities will result in failure to acquire the real estate, which in turn causes great disappointment to both the buyer and the seller.

If you are relocating to Turkey for more than six months then you are well advised to apply to the Turkish Government Office for residents. They will issue a document for you to present to the police neared your new home who in return will process the application.

Real property acquisition of foreigners in Turkey

The article 12 of the Constitution of the Republic of Turkey has stated 'Every person has individual, inviolable, untransferable and unrenouncable fundamental rights and freedoms.' and has also involved the foreigners in the content of this provision. However, the article 16 of our constitution concerning the status of the foreigners has stated ' The fundamental rights and freedoms may be limited for foreigners by law in accordance with the international law' and clarified by this provision that the rights and the freedoms of the foreigners in our country may be arranged and limited as different from what it is for the Turkish citizens, if necessary.

The article 1 of the Protocol under the European Human Rights and Main Provisions Agreement has also guarantied these rights, but accepted at the same time that the individuals may be deprived of their ownership in accordance with the General Principles of the Law of Nations.
Taking these facts into consideration and considering the political, economic and social conditions and public order, sovereignty and security of our country, some legal restrictions have been brought on the real property acquisition of foreigners in Turkey.

I. Real property acquisition of foreign natural (real) person in Turkey

II. Real property acquisition of foreign legal (entity) in Turkey

III. Transfer of funds

IV. Application place

I. Real property acquisition of foreign natural (real) person in Turkey:

Real property acquisition of foreign natural person in Turkey has been arranged by the article 35 of the Land Registry Act numbered 2644.
The article 35 of the Land Registry Act has stipulated that purchasing and acquiring real property of foreign natural person via inheritance and other ways in Turkey must be mutual and must be suitable for legal limitations.

II. Real property acquisition of foreign legal (entity) in Turkey:

As a general rule, (exclusion of some exceptions) real property acquisition right has not been recognized to the foreign legal entities in our legislation. Although foreign legal entities have no possibility to acquire real property in our country as a general rule, changing conditions and legal arrangements put out concerning the enterprises necessary for economy of our country have brought out some exceptions for the rule of inability to acquire real property of foreign legal entities.

a. In the article 10 of the Law of Encouragement of Foreign Capital numbered 6224 has been stated 'Foreign capital and enterprises working in same sectors may also profit under same conditions from all rights, exemptions and facilities recognized to internal (native) capital and enterprises' and real property acquisition right and other authorities have been recognized to the foreign capital companies in Turkey by this provision.

b. According to the article 8/E of the Tourism Encouragement Law numbered 2634, in the process of real property acquisition within the mentioned areas, foreign legal entities which will establish commercial enterprise in order to realize commercial activities in tourism sector within the areas available to tourists and regions may be excepted from conditions and restrictions taken part in the article 35 of the Land Registry Act and in the article 87 of the Village Law by decision of the Council of Ministers.

Also, Ministry of Tourism has authority of renting and allocation of real properties assigned to the Ministry of Tourism within the tourism centres and areas to the foreign natural and legal person having tourism investment certificate as well as establishing charges on these real properties including real and permanent rights in accordance with the article 8/D of the mentioned Law.

c. Foreign banks establishing their branches in Turkey by decision of the Council of Ministers can acquire real property which is necessary for realization of their banking activities according to the Banking Law numbered 3182.

d. According to the final form of Oil Law numbered 6326 which has been changed by the Law numbered 1702 gives permission of acquiring land as working areas in Turkey to the foreign legal entities.

Mutuallity principle

The mutuallity must be actual and legal. Therefore, the real property acquisition of foreign natural person in our country depends on some laws:

1. The Turkish citizens must have the same rights which are supported by the laws in foreign country.

2. This right must be put into practice actually.

The natural people who are citizens of the the countries Turkey does have the mutuality principle with are free to acquire the real property in Turkey.

The natural people who are citizens of the countries Turkey does not have the mutuality principle with can not acquire the real property in Turkey.

The real property acquisition of the natural people who are citizens of  some countries depends on some provisions and permissions.