
Guide to Buying Property in Istanbul for Foreign Nationals:
Key steps and legal considerations for non-Turkish buyers.
Guide to Buying Property in Istanbul for Foreign Nationals
Purchasing real estate in Istanbul as a non-resident involves specific legal procedures under Turkish property law, from Ministry approval to title deed transfer and tax compliance. This guide covers each step in detail so you can invest with confidence.
1. Legal Framework & Ministry Approval
Under Civil Code Article 717/A (Law No. 6302), foreign natural persons may acquire immovable property subject to reciprocity. You must apply to the Ministry of Environment, Urbanisation and Climate Change via a “Form B” application—typically decided within 30 days.
- Reciprocity Requirement: Your home country must grant Turkish nationals similar rights.
- Form B Application: Submit passports, title deed copy, and tax numbers.
- Exemptions: Free zone and certain development areas.
2. Due Diligence at the Land Registry (Tapu Sicil Müdürlüğü)
Before signing anything, conduct thorough checks:
- Title Search: Verify ownership, outstanding liens (hâciz), mortgages and easements (irtifak hakkı).
- Zoning Certificate: Obtain an “İmar Durumu” report from the municipality to confirm permitted land use.
- Expertise Report: Commission a licensed ekspertiz raporu for market valuation and structural assessment.
3. Contract Preparation & Notarial Formalities
Key documents and steps:
- Promise of Sale Contract (Satış Vaadi Sözleşmesi): Prepare a bilingual agreement using a sworn translator and include price, payment terms and handover date.
- Notary Signing: Both parties must appear with IDs at the notary; contract is signed and stamped.
- Title Deed Transfer: File the transfer application at the Land Registry, pay transfer fees and receive the new Tapu Senedi.
- Condominium Registration: For apartments, register in the condominium ledger (Kat Mülkiyeti).
4. Taxes & Fees Breakdown
Charge | Rate |
---|---|
Title Deed Fee (Tapu Harcı) | 4% of declared value (split equally seller/buyer) |
Stamp Duty (Damga Vergisi) | 0.948% of contract value |
Annual Property Tax (Emlak Vergisi) | 0.1–0.3% of assessed value |
Value Added Tax (KDV) | 1% or 18% depending on property type |
5. Risk Mitigation Strategies
- Clear Encumbrances: Ensure all prior liens and mortgages are discharged.
- Review Easements: Check for any servitudes affecting the land.
- Title Insurance: Consider international title insurance for hidden defects.
6. Post-Purchase Compliance
- Occupancy Permit: Verify “Yapı Kullanma İzni” for newly constructed properties.
- Site Management: Register with the building management and pay maintenance fees.
- Inheritance Planning: Draft a will or usufruct arrangements to prevent future disputes.
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