What to Check When Buying Real Estate in Türkiye: A Guide to Title Deeds, Zoning and Safe Purchase

Summary

When buying real estate in Türkiye, a title deed, a listing photograph or the seller’s statement alone is not sufficient; the seller’s authority to transfer, the current registry records, the zoning and building documents, the actual condition, the payment arrangements and the intended use must be reviewed together. Homes, villas, land, property held in shares and projects under construction carry different risks; the review begins before earnest money is paid and extends to the period after transfer and delivery. In Antalya, Istanbul, Izmir and Mugla, particularly in coastal settlements such as Bodrum, the parcel’s location, plan and special protection status must be researched separately. Legal support turns these distinctions into a contract and a transaction plan; it does not constitute an absolute guarantee of ownership, permits, returns or the outcome of an application. [K1, K2, K3, K4]

What reviews should be carried out before buying real estate?

Buying real estate is a broader transaction than physically liking a building or a piece of land. What the buyer actually needs is to determine which right they are acquiring, from whom, with which encumbrances and with which possibility of use. Acquiring a land share in the land registry and acquiring ownership of an independent unit; owning a home and being able to rent it for tourism purposes; signing a promise to sell and being the owner in the land registry each lead to different consequences. [K1, K2, K3, K4, K15]

The review should bring three files together: the land registry and the supporting documents, the zoning and building file at the municipality or the competent administration, and the actual condition of the immovable property as determined on site. To these are added the seller’s and representation documents, contracts, payment records and the permits tied to the intended use. A satellite image, a parcel query or an e-Devlet screen can serve as a preliminary check; on its own it does not show all rights and restrictions, or whether the structure complies with legislation. [K1, K4, K20]

The basic risks should be identified before earnest money is paid. Leaving the review to the day of the sale may cause the buyer to decide under contractual pressure. Identifying a risk does not always require giving up the purchase; some risks can be eliminated before transfer, some can be secured, and some may completely block the intended use. The table below is a review plan; it does not replace the transaction requirements of the competent authority.

Pre-purchase document and risk check

How are the seller’s ownership and authority to sell verified?

A title deed and a current land registry record are not the same thing

The title deed in the seller’s hands shows the information as of the date it was issued. A mortgage, attachment, injunction, promise-to-sell annotation or another transaction may have been recorded afterwards. The block, parcel, independent unit number, floor, type, land share and owner details should be checked against the current registry. The possibility for a person who shows a credible interest to examine the registry and the related documents is regulated by Article 1020 of the Turkish Civil Code (TMK); this does not mean that everyone can query personal data without limit. [K1]

The door number of the apartment being marketed may not match the independent unit number in the land registry. Showing a storage room, parking space, garden or roof terrace in the listing as belonging to the flat does not prove that ownership of these will be transferred. The legal basis of use should be determined by examining the approved project, the records of appurtenances and the management plan. [K3, K4]

Every contract to which a person who does not appear as owner in the land registry is a party is not automatically fraud. There may be different relationships such as representation, inheritance, a promise to sell, a right to be acquired in the future, or an undertaking to sell something belonging to another. However, the existence of an obligation-creating undertaking does not show that there is power of disposition over the immovable property or that the title will necessarily be transferred. An allegation of a fake document or of fraudulent misrepresentation is assessed on its own elements and evidence. [K1, K2]

Power of attorney, company representative and family residence

In a sale through an attorney-in-fact, the authenticity of the power of attorney, the special authority for the transfer of immovable property, any limits on price and persons, whether the authority continues, and the conformity of the transaction with the principal’s intent should be investigated. It is not sufficient control that notary information appears on the document. If payment of the sale price to the attorney-in-fact is planned, the authority to collect and the payment instruction should also be clarified. [K2: Art. 504]

In a sale on behalf of a company, the trade registry records, the form of representation, signing authority and, depending on the nature of the transaction, the necessary corporate body resolutions are examined. The distinction between individual and joint representation is important. Submitting a signature circular of unknown currency may not by itself explain the company’s representation status on that date. [K23]

Family residence status should also be researched separately. Transactions requiring the express consent of the other spouse under Article 194 of the Turkish Civil Code should not be accepted as risk-free merely because no family residence annotation is seen in the land registry. How the home is actually used, the spouse’s consent and the good faith of the third party are assessed according to the specific case. The annotation, consent and good faith are not the same legal issue. [K1]

The seller’s capacity and the source of representation are also important. In the sale of the immovable property of a person under guardianship, the permission of the guardianship authority and the provisions of Articles 444 and 462 of the Turkish Civil Code on the sale procedure additionally apply. The representation of a minor under custody is not the same as guardianship; if there is a conflict of interest or a special transaction, a trustee (kayyım) and the required permissions should be investigated. The signature of a family member or representative does not by itself cure the lack of statutory permission. [K1]

Which distinction matters in immovable property that has passed by inheritance?

Heirs, as a rule, acquire the inheritance upon death; the arising of ownership through inheritance does not in every case depend on registration in the land registry for the first time. On the other hand, the registration and representation steps necessary to be able to dispose of the immovable property must be completed. A certificate of inheritance can be obtained from a notary or from a court, depending on its conditions. [K1: Arts. 598–599, 705]

Where there are several heirs, joint ownership, co-ownership in shares, the transfer of an inheritance share and the sale of the whole immovable property should be distinguished from one another. The signature of a single heir is not always sufficient for the transfer of the whole immovable property. If there is an estate representative, a will, an objection to the certificate of inheritance or a partition dispute, their effect is also investigated. [K1]

How do mortgages, attachments, injunctions and annotations affect the purchase?

Mortgaged immovable property can be bought; however, a debt and a security are different

A mortgage is not in itself an absolute obstacle to every sale. However, a mortgage taken over without being removed may allow the creditor to pursue enforcement against the immovable property and, once the conditions arise, to have it sold. Buying a mortgaged immovable property and assuming the seller’s personal debt are not the same transaction. The assumption of the debt and the relationship with the creditor should be examined separately. [K1: Art. 888; K2]

In a safe transaction plan, the current payoff amount and the conditions for release are obtained from the creditor. The account to which payment will be made, the offsetting (mahsup) of the amount against the sale price, the order between the removal of the mortgage and the transfer, and what will happen to the money if the transaction does not take place are determined in writing. A debt payoff letter from the bank and a completed deletion (terkin) in the registry are not confused with each other.

If the buyer is to pay off a debt on the seller’s behalf, payment should not be made on the mere promise “I will hand over the title afterwards.” A verifiable transaction arrangement should be established between the parties and the creditor; whether the mortgage will be fully removed after a partial payment should be clarified. Release, the bank payment and the registration in the land registry are separate stages of the transaction. [K1, K2]

An attachment and an interim injunction preventing sale do not produce the same result

Whether immovable property bearing an attachment record can be transferred is examined together with the nature of the attachment and other restrictions. Even if the transfer is made, the creditor’s powers arising from the attachment may continue. On the other hand, the scope of an interim injunction that prevents disposition or transfer may directly stop the transaction. One should not be content with the heading of the record; the issuing authority, the date, the scope and the conditions for lifting should be learned. [K1, K24, K25]

The record of a promise to sell, a lease, usufruct, a right of passage, a right of repurchase or another right is also important. For example, being the owner of immovable property on which a usufruct continues does not mean being able to use it immediately. The effect of an encumbrance on the title on the economic value, the period of use and the financing should be calculated separately. [K1]

Enforcement proceedings against the seller and transfers at a low price or between close persons may also, if their conditions are met, lead to a discussion of annulment of the disposition. Not every seller’s debt passes to the buyer; but the creditors’ statutory means of protection show that the transfer of the title alone does not eliminate all enforcement risks. [K24; K6: Art. 2]

Why do the right of pre-emption and actual partition matter when buying a title held in shares?

In co-ownership in shares, what is bought is, as a rule, a share of a certain proportion of the immovable property. Statements such as “this corner is yours,” “this part of the garden has been allocated to you” or “this villa corresponds to this share” do not by themselves create independent ownership. Whether there is a legally valid arrangement of use, subdivision or condominium ownership should be examined separately. [K1, K3, K4]

The sale of a share to a third party may bring up the other co-owners’ statutory right of pre-emption. Notification of the sale through a notary is important for the start of the time limit for bringing an action (hak düşürücü süre). For sales made as of December 25, 2025, a distinction is observed between three months from the notification and, in any event, one year from the sale. For sales before the amendment, there is a transitional rule providing for the application of the old provisions. Sales that the law excludes from pre-emption are assessed separately. [K1: Arts. 732–734; K6: Arts. 35–37]

Under the new regulation, the pre-emption price cannot be explained only by the price written in the land registry: it is provided that the market value to be determined by the judge and the title registration expenses falling on the buyer be deposited within a firm deadline set for them to be put to interest. The application of the price regulation to actions filed earlier and the non-application of the change in the time limit to old sales are different transitional provisions. [K6]

Court of Cassation decision: the date of the market value and the dissenting opinion

The 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), February 9, 2026, E. 2025/2986, K. 2026/679, examined as of which date the changed pre-emption price is to be determined. The majority of the Chamber took the filing date as the basis in actions to be filed after the amendment, and December 25, 2025 in actions pending on the date of the amendment. The decision resulted in the reversal of the judgment given according to the old calculation. [K7]

The dissenting opinion argued that the market value should be determined on the basis of the date of sale; while agreeing with the reversal, it did not agree with the majority’s choice of date. It therefore cannot be said that the valuation date is expressly written in the text of the law or that this decision is a unification-of-case-law decision. For the buyer, the practical consequence is to track the date of sale, the notarial notification, the filing date and the amounts deposited in separate records. [K7]

How are condominium ownership, servitude of floor ownership and a land title distinguished?

Types of title and additional review

A condominium ownership title is not a guarantee that no violation has been made in the building afterwards or that the structure is safe against earthquakes. A servitude of floor ownership likewise does not by itself mean an unauthorized structure. The type of title is the beginning of the comparison of permit, project and actual condition; it is not its result. [K3, K4]

The management plan should be examined with respect to the use of common areas, the sharing of expenses, the operating arrangements and certain restrictions on use. A promise given by the seller for a private garden, a closed car park or a shared pool must have a basis. The fact that a common area has been physically enclosed does not show that its ownership has passed to the relevant flat. Owner resolutions and administrative permits required for planned changes do not replace one another. [K3]

How are zoning, the permit, the occupancy permit and the building registration certificate reviewed?

The zoning plan and the approved project should be read together

That a parcel is written as “land” in the land registry does not mean that a building of the desired size can be built. The plan function, plan notes, building conditions, road connection, need for surrender or adjustment, protection decisions and infrastructure conditions should be researched. Residential, tourism, commercial or agricultural use do not produce the same consequences. A parcel’s past plan does not prove its current zoning status. [K4, K16, K17, K18, K19]

In an existing building, the permit and the approved architectural project should be compared with the structure seen on site. A balcony closed in later, an enlarged basement, an attic floor, a garden appurtenance, a pool or the merging of independent units can be significant risks in a sale. The explanation “the neighbors did it too” does not replace a permit. [K4, K21]

The occupancy permit (yapı kullanma izin belgesi), commonly called iskân, is an important document on the permitted use of the structure. Which structure or part the document covers should be examined. The existence of an electricity, water or internet subscription is not conclusive proof of the permit, the occupancy permit or conformity with the project. [K4, K21]

A demolition decision and a zoning fine should be distinguished from each other

If there is a stop-work record, sealing, a municipal executive committee (encümen) decision, a fine and a demolition order, the file as a whole should be assessed. The addressee of the fine and the conditions of liability are different matters from the removal or demolition of the nonconforming structure. It cannot be said that every old fine passes to the buyer as a personal debt, nor that the transfer of the title eliminates a structural nonconformity. [K4: Arts. 32, 42]

The seller’s statement “we filed a lawsuit, there will be no demolition” is not sufficient. The transaction, the subject of the lawsuit, whether there is a stay of execution decision and the scope of the decision should be examined. The filing of an administrative action does not, as a rule, stop the execution of the transaction by itself. [K26]

A building registration certificate is not an occupancy permit or a durability report

The building registration certificate (yapı kayıt belgesi) is a product of the special regulation on the zoning amnesty (imar barışı). That the certificate has been issued does not make every piece of information correct, does not give the structure an unlimited right to new construction and does not provide earthquake safety. The scope of the certificate, the declarations it is based on, the structure concerned, areas added later and, if any, the cancellation action should be examined. [K4: Provisional Art. 16; K22]

If the certificate does not match the land registry and the actual condition, payment should not be made on the assumption that it “can easily be revised.” The possibility of correction, the validity of the certificate and the authority of the relevant administration are assessed in the specific file. It should also not be accepted that a zoning amnesty certificate and the transition to condominium ownership or use permits are the same transaction. [K22]

What additional risks exist in land, fields, coastal areas and protected areas?

When buying a field or agricultural land, agricultural use, subdivision and restrictions on change of use should be researched. Marketing a structure model as “portable,” a “bungalow” or a “tiny house” does not mean it can be erected anywhere without a permit. The connection to the ground, the purpose of use, the actual installation and special regulations should be assessed. [K4, K27]

Whether a road in actual use is a public road and the legal access of the immovable property are important. Years of permission to pass through a neighboring immovable property do not, in every case, create a right of passage attached to the land registry. Boundary, surface area and disputes with neighboring parcels should be determined, where necessary, through a cadastral and competent technical expert review. [K1]

Coasts, forests, conservation sites and special environmental protection areas are subject to different regimes. The protection status should be researched not from a short note on the land registry alone but from the decisions of the competent institutions, maps and plans. A listing saying “beachfront” or “with a private beach” does not give private ownership over the coast or a right to prevent public access. If there is an operating permit or a use permit, its scope and transferability are examined separately. [K16, K28]

In expropriation too, the allocation to public use on the plan, the public-benefit decision, the purchase negotiation and the stage at which the statutory prohibition on transfer arises should be distinguished. The information “expropriation is being discussed” cannot lead to the conclusion that every sale is prohibited; but the effect of the plan restriction on use and value cannot be ignored. [K29]

What should be looked at when buying in Antalya, Mugla, Bodrum, Izmir and Istanbul?

The basic provisions on ownership and contracts in Türkiye do not vary from city to city. What differs is the plan to which the parcel is subject, the protection decision, the use permit, the project and the actual conditions. The regional explanations below are not a claim that all immovable properties carry the same risks; they are headings that guide the review.

Buying a home and villa in Antalya

When buying a home near the coast, a detached villa or a holiday property in Antalya, the tourism function, the relationship with the coast, and conservation-site and special environmental protection decisions can be significant. The Ministry has separate special environmental protection area records for Kas–Kekova and Belek. However, being located in a district does not show that every parcel is subject to the same boundary or building conditions. [K16, K17]

In the review, the records of the competent municipality and the relevant protection administration should be matched through the block and parcel. Whether a pool, terrace, additional room, basement or garden use appears in the project, and whether the permitted use of the place presented as a residence is different, should be investigated. If tourist rental is targeted, the permit conditions should be assessed in addition to the purchase. [K4, K15, K21]

Buying a villa, land and summer house in Mugla and Bodrum

In Mugla there are regimes concerning special environmental protection areas such as Fethiye–Gocek, Gokova and Datca–Bozburun. The status of a parcel in Bodrum cannot be determined hypothetically by the rules of another protection area in Mugla. In Bodrum too, the parcel to be purchased has its own plan, its relationship with the coast and conservation sites, its permit and its project to be examined. [K16, K18]

It is particularly important whether an immovable property shown as a detached villa is in reality ownership of an independent unit or a share in land. A basis should be sought in the land registry, the project and the management plan for the garden boundary, pool, car park and road use. Promises that the sea view will never be blocked or that short-term rental is possible under all conditions must be documented separately. [K1, K3, K4, K15]

Buying a home, summer house and land in Izmir

The building files in Izmir’s central districts and the review of a summer house or agricultural land in coastal settlements are not of the same scope. Metropolitan plan records, district implementation documents and the relevant protection decisions should be read together. Natural conservation site decisions published in settlements such as Seferihisar also show why a parcel-based investigation is necessary. [K19]

The buyer must also separately assess the technical condition of the structure. A permit and a land registry record do not replace an earthquake performance review. The information “it will soon be opened to zoning” given for land or a field should not be accepted as a finalized right to build. The approval of the plan, the status of objections or lawsuits and the implementation conditions should be seen. [K4, K21, K27]

Buying a home and investment property in Istanbul

In Istanbul, in addition to zoning and building documents, depending on the status of the parcel, the Bosphorus (Boğaziçi), protected areas and urban transformation processes should be examined separately. The special regulations on the Bosphorus areas and the municipality’s plan and zoning records are assessed within the region’s own boundaries; the same special regime is not applied to the whole of Istanbul. [K19, K30]

In purchases of a flat with a tenant, an old building or a transformation project, the lease contract, the risky building determination, the owners’ resolutions, the contractor’s contract and the obligations for additional payments become significant. That the sale price looks favorable does not eliminate future strengthening, demolition, relocation or reconstruction costs. [K2, K3, K4, K31]

Do tenant, maintenance fee and tax debts pass to the buyer?

The sale of immovable property with a tenant does not automatically remove the tenant

When the lessor changes, the new owner becomes, within its conditions, a party to the existing lease relationship. A purchase is not in itself a ground for eviction. The lease contract, the deposit, advance payments, the rent increase arrangement, any eviction undertaking and ongoing disputes should be examined. The seller’s statement “the tenant will leave on the day of sale” is not sufficient without a legal arrangement that binds the tenant and is enforceable. [K2: Arts. 310, 351–352]

If the new owner’s exercise of the right to evict on the ground of need comes into question, special conditions must be calculated separately: the nature of the need, a one-month written notice from the acquisition, and the litigation route connected with a six-month period. The conditions of the other route, tied to the end of the lease term, are different. Mediation as a condition precedent to litigation in disputes with the tenant, and the statutory exceptions, must also be taken into account. [K2: Art. 351; K32]

Old maintenance fees and property tax are not subject to the same debt regime

It cannot be said that all of the previous owner’s personal maintenance fee debts pass to the new owner merely because of the sale. The period to which the expense belongs, the date of the decision and of accrual, status as owner, contractual assumption and, if any, the statutory mortgage on the immovable property should be examined separately. Obtaining an account statement from the management helps clarify what the buyer is taking over. [K3: Arts. 20, 22]

In property tax, on the other hand, the special joint and several liability under Article 30 of Law No. 1319 must be taken into account. With respect to the unpaid property tax on transferred immovable property, the liability of the transferor and the transferee and the buyer’s possibility of recourse against the seller differ from apartment maintenance fees. The debt position should be researched with the municipality; it should be borne in mind that the parties’ sharing of costs among themselves does not in every case bind the tax administration. In addition, apart from the exceptions in the law for inheritance, court decisions, compulsory enforcement, expropriation and special laws, the bar on transactions concerning the transfer and conveyance of buildings and land with a property tax debt must be taken into account. [K9, K38]

All tax debts that arose from the seller’s other assets or commercial activities are not automatically the debt of this purchase. On the other hand, a public attachment on the immovable property is a separate risk. The tax debt, the enforcement record and the real burden on the immovable property should be separated from one another. [K9, K24]

What do an expert appraisal report and a technical review show?

A valuation report presents a value opinion on the basis of the characteristics of the immovable property and market data. A legal review, on the other hand, assesses entitlement, the contract, restrictions and permits. A review of the structure’s load-bearing system or ground also requires separate technical expertise. One of these three studies does not replace all of the others. [K4, K20, K21]

The sale price, the municipality’s tax value, the bank’s loan valuation and the valuation in citizenship procedures may serve different purposes. That a report has been prepared does not mean that it can be used with the same result at every bank or in every application. If there is incorrect data or an incomplete review, the objection and correction procedure should be used; it should not be requested that the report be changed to show the targeted value.

In foreign acquisition and citizenship files, the necessity of the report, the competent channel through which it will be obtained and the related documents should be determined according to current TKGM practice. Since there are update announcements by TKGM concerning Circulars No. 2024/2 and 2024/4, the information in old guides about the competent institution or validity period should not be taken as unchangeable. [K33]

A DASK policy is likewise not a certificate of a building’s earthquake resistance. The existence of the insurance relates to its scope and limits. If there is a visible crack, dampness, interference with the load-bearing elements, a change contrary to the project or suspicion about the ground, an engineering review should be considered. [K21, K34]

How should earnest money and the sale contract be secured?

Is earnest money always forfeited?

“Earnest money” (kapora) is an everyday expression; the legal nature of the payment is understood from the contract. Binding earnest money, withdrawal money, advance payment and a penalty clause are different institutions. Because of the distinction in Articles 177–178 of the Turkish Code of Obligations (TBK), the mere writing of “earnest money” in the bank description does not determine all the conditions of refund. Whether the contract complies with the valid form must also be assessed separately. [K2]

Before payment, the immovable property, the total price, the purpose of the payment, the review period, a negative outcome of the review, the failure of a loan to be granted, a lack of representation or permit, the refund date and the account to which the money will be sent should be clearly written. If payment is to be made to a real estate agent or another person who is not the seller, that person’s authority to collect should be verified.

For example, if the transaction is abandoned because of a documented nonconformity, refund of the amount to the same account within a short time can be arranged between the parties as a protective provision. There is no general rule that every earnest money payment is refunded within one business day by law. The right of refund, the time limit and the conditions of deduction are determined according to the nature of the transaction. [K2]

Official sale, promise to sell and ordinary written protocol

In contracts aimed at transferring the ownership of immovable property, official form is essential. In addition to sales at the land registry directorate, notaries also have authority, within the statutory scope and system conditions, to draw up immovable property sale contracts. Notarial certification of the signatures on a protocol does not in every case amount to the official sale or the promise to sell in drawn-up form (düzenleme şekli) that the law requires. [K1: Art. 706; K2: Art. 237; K35]

A promise to sell, as a rule, gives a personal right to a transfer to be made in the future; it does not by itself make the buyer the owner. The annotation of a valid promise to sell in the land registry may matter with respect to its enforceability against third parties. The scope and duration of the annotation and its rank among existing encumbrances should be examined separately. Exceptional judicial protections concerning a contract that does not comply with the form do not make it safe to enter into an irregular contract from the outset. [K1, K2, K8]

The description of the immovable property and its annexes in the contract should be as clear as possible: the independent unit, appurtenances, the document by which net and gross area are determined, the condition on delivery, fixed equipment, removal of encumbrances, delivery vacant, payment stages and the rights in the event of a defect. If citizenship or a particular purpose of use is decisive, how that purpose is reflected in the contract, and the consequences if conformity cannot be achieved, should also be written.

A contractual penalty, security or refund provision is not by itself a guarantee of collection. The seller’s financial situation, the genuineness of the security and its connection with the debt are important. The official form of the sale and the provisions of the side protocol should be assessed together; it should not be assumed that a contractual penalty tied to an invalid main undertaking will be applied in every case. [K2]

What should be paid attention to when buying a home under construction or from a developer?

Consumer protection in pre-paid housing sales

In pre-paid housing sales in which the seller acts for commercial or professional purposes and the buyer is a consumer, the special provisions of Law No. 6502 apply. The construction permit, pre-contractual information, the form of the contract, payment, security and delivery conditions should be investigated. The same rules are not automatically applied to every land share transfer or commercial investment. [K5]

The pre-contractual information form must be given at least one day before the contract. A pre-paid housing contract cannot be concluded without a construction permit. A “reservation” practice that forces the consumer to make a payment or give an obligation-creating document should not be thought of independently of the form of the contract and the payment safeguards under the law. [K5, K37: Arts. 40–41]

Under this regime, the consumer’s fourteen-day right of withdrawal and the right of rescission that can be exercised for up to twenty-four months from the date of the contract are different. That costs or compensation can be claimed under certain conditions in rescission does not mean that the same deduction can be made in withdrawal. Exceptions such as the seller’s failure to perform its obligation are also taken into account separately. In the Ministry’s current statement, it is stated that the transfer or delivery period of the home may not exceed forty-eight months; a shorter term in the contract retains its binding force. [K5]

The notarial procedure provided for withdrawal and rescission notices must be followed. For the refund of the price and the obligation-creating document in the event of withdrawal, there is a fourteen-day refund arrangement from the notice reaching the seller; in rescission, there is a refund arrangement of at most one hundred eighty days tied to the same starting point. These are not the period for the consumer to exercise the right but the seller’s refund period. Deductions that may apply in rescission and grounds for rescission without charge should be assessed together with claims arising from the seller’s default or another breach. [K5, K37: Arts. 43–45]

Depending on the size of the project and the scope of the regulation, building completion insurance or the other securities provided for should be researched. It is not sufficient for a security to be written only in a brochure: the valid document, the beneficiary, the scope, the duration and the conditions of application should be seen. The occupancy permit, the land registry and the conditions of delivery in a habitable state should also be tied to the payment schedule. [K5]

Why does the landowner–contractor relationship concern the buyer?

The contract made by the contractor with the landowner may affect which independent unit the buyer will acquire rights to and when. It should be investigated to whom the unit promised for sale has been allocated, whether it has been transferred to the contractor in the land registry, and whether there is a dispute over termination or invalidity of the contract. With respect to the possibility that the same independent unit has been promised to several persons, the dates of the contracts and the land registry records are important. [K8]

The position of a person who has received the title from the contractor is not the same as that of a person who holds only a promise to sell or an assignment-of-claim document. Until it is determined whether the buyer has acquired a right in rem or a personal claim, the level of legal security cannot be explained. [K1, K8]

Unification of case law decision: the title of a good-faith buyer cannot be annulled automatically

The Grand General Assembly for Unification of Case Law of the Court of Cassation (Yargıtay İçtihatları Birleştirme Büyük Genel Kurulu), May 16, 2025, E. 2024/1, K. 2025/2, examined the effect of the invalidity or retroactive termination of the main contract on the acquisition of a third party, where immovable property transferred by the landowner to the contractor in the land registry was later sold to a third party or mortgaged. [K8]

The decisive statement in the conclusion section of the decision is this: “hearing the claims of third parties that they acquired rights in rem in good faith, relying on the land registry.” Thus the earlier approach, which excluded the third party’s acquisition, without examining the third party’s good faith, solely on the ground that the transfer was in the nature of an “advance,” has been abandoned. Besides ownership, the right of mortgage is also within the scope of the decision. [K8]

The decision does not mean that every buyer is protected unconditionally. Good faith is assessed according to the moment of acquisition. Facts such as knowing of a contradiction between the registry and documents, disregarding concrete suspicions, a close relationship with the parties, a very low price or transfers at short intervals may matter in the evaluation of evidence. When bad faith is established, it is possible for the immovable property to return to the landowner. [K8]

For the buyer, the takeaway is not to regard the new approach as a “guarantee of purchase without review.” It is useful to keep copies of the land registry and contract records as of the date of acquisition, to show the real price with bank records, and to document the risks that were clarified. The acquisition of a registry-based right in rem protected by the unification of case law decision should not be confused with automatic title being given to a person who merely signed a contract. [K8]

When and how should the sale price be paid?

The payment plan should be set up in harmony with the completion of the transfer. The account holder’s identity, the seller’s payment instruction, the sale price, offsets and the transaction description should be consistent with one another. A new IBAN sent on the day the sale is to take place should not be accepted by message alone; it should be verified through an independent and previously known communication channel.

Cash delivery, a receipt given by hand and payment to a third party’s account may create additional risk for proof and financial legislation. A bank receipt is also not by itself a title transfer. Paying early in the belief that the land registry transaction has been completed, and having the transfer made before the price is paid, carry different risks for the two parties. [K1, K2, K10]

Secure Payment System: how should the date December 1, 2026 be read?

In the official statement of September 28, 2026 by the Ministry of Trade (Ticaret Bakanlığı), it was announced that for the Secure Payment System, which aims at the simultaneous exchange of ownership and price in immovable property sales, the start of mandatory application had been decided to be redetermined as December 1, 2026. The statement also mentions preparations for technical integration and pilot application. [K10]

Therefore, as of October 16, 2026, the research date of this guide, it is not correct to describe the December 1 start as if it had passed and been completed. The entry into force, scope, competent service provider, bank and TKGM transaction flow on the date of sale should be checked against current official records. Transactions should not be made through fake “secure payment” links. [K10]

Such a payment system is aimed at matching the price with registration; it does not guarantee that the immovable property has an occupancy permit, that there is no coastal or conservation-site problem, that the promised use is permitted, or that it is free from all defects. Payment security and the legal review of the immovable property should be carried out together.

How should the title deed fee, taxes and purchase costs be calculated?

In a general immovable property sale, the title deed fee is, within the statutory principles, two percent each for the buyer and the seller separately. The price taken as the basis is the real transfer price and cannot be shown as lower than the property tax value. The value set by the municipality does not justify declaring a higher real price as lower. [K11, K12]

With the amendment of Law No. 7566, which entered into force on December 19, 2025, the expression twenty-five percent in the special tax loss penalty on the fee collected in deficiency because of under-declaration was changed to one-fold. This does not mean a penalty equal to the whole of the sale price; it is assessed on the deficient fee and the conditions of the relevant sanction. Guides repeating the old rate should not be relied on. [K11]

The revolving fund fee, the notary costs that may apply in transactions where the notary route is used, valuation, translation, insurance and brokerage fees are separate items. It should not be assumed that every sale will be made with the same total expenses. The parties leaving all expenses to the buyer among themselves does not by itself change the position of the statutory obligations vis-à-vis the administration. [K12, K35]

VAT may arise separately depending on the seller and the nature of the delivery. The tax on gains from increase in value is a different review related to the seller’s manner of acquisition, holding period and the characteristics of the transaction. The Foreign Currency Purchase Document is not the name of this tax or a tax the buyer will pay separately. What costs the price stated in the listing includes should be explained in the contract. [K12, K13]

What should foreigners pay attention to when buying real estate in Türkiye?

Acquisition, residence and citizenship are assessed separately

In the acquisition of immovable property by a foreign natural person, citizenship status, the location and nature of the immovable property, statutory area limitations, security zones and other relevant restrictions are investigated. The acquisition by a foreign-capital company established in Türkiye and by a legal entity established abroad cannot be explained by the same rules either. [K14, K20]

Buying immovable property in Türkiye does not by itself grant citizenship or a residence permit. In a short-term residence permit tied to immovable property, the nature of the home, actual use, application conditions and settlement restrictions are assessed separately. Instead of the statement “residence is certain with this home,” the current conditions of the relevant application should be researched. [K14, K36]

For exceptional citizenship through immovable property, the official guide explains an acquisition of at least USD 400,000 and a three-year non-sale condition. However, meeting the amount alone is not sufficient; the suitability of the immovable property, the valuation, payment, annotation and the review by the competent authorities are carried out together. No firm undertaking should be given on the outcome of the application. [K14]

What is the DAB, and which payment records should be kept?

The DAB is the Foreign Currency Purchase Document (Döviz Alım Belgesi). It relates to the foreign currency conversion arrangement applied in the acquisition of immovable property by a foreign natural person. It is not a tax on gains from increase in value or a “certificate of increase in value.” The bank transaction, identity and immovable property details, the conversion amount and the sale price should be consistent with respect to the relevant transaction. [K13]

In an acquisition made for citizenship purposes, in addition to the DAB, the bank documents showing that the sale price has been paid and the other relevant conditions are examined separately. The currency conversion document should not be used as a document that, in every case, alone proves that payment has actually been made to the seller. If the payment sender, the receiving account and the party to the contract are different, the admissibility of this should be researched before the transaction. [K13, K14]

For a foreign buyer, explaining the contract in an understandable language, the necessary translation and the conditions for an interpreter during the transaction are also important. A commercial promotional text prepared only in a foreign language does not replace the official transaction and information. For powers of attorney issued abroad, the conditions of certification or apostille and Turkish translation are assessed separately. [K14]

Is an additional permit required for a purchase for tourist rental or commercial use?

Acquiring a home and the authority to rent the home for tourism purposes are different. In rentals of one hundred days or less under Law No. 7464, a permit document and other special conditions come into play. Whether a permit is required, who can apply, the building and owners’ resolutions, the exceptions and the form of operation should be examined. Making the contract under another name or seemingly extending the period does not by itself change the legal nature of the actual activity. [K15]

The seller’s holding an existing permit document does not mean that the buyer can automatically continue the activity with the same document. The procedure concerning a change of owner and continuity of operation should be checked. The housing complex management plan, the resolutions of the condominium owners, the purpose of use of the building and the administrative permits may matter independently of one another. [K3, K15]

In projects with guaranteed rental income, the company giving the guarantee, its duration, the sharing of expenses, the risk of vacancy, termination and security should be explained. In a place where a permit cannot be obtained, the calculated income may not materialize. The income projection and the legally permitted use should therefore be assessed together; past rental income is not an assurance that the same income will be achieved in the future.

Which procedures should be completed on the day of the title transfer and after the transfer?

Before the transfer, the registry should be checked again; the unit being sold, the price, and the owner and buyer details should be verified. It should not be assumed that the records on the day of the transaction have remained the same as in an old check report. If there is a release, offsetting, secure payment or loan flow, the completion of each step should be documented.

Handing over the keys and registering the title in the land registry are different. The actual delivery record may show the date of delivery, whether the property is vacant or with a tenant, meters, keys, fixtures, deficiencies and, if any, reservations. Signing a general text such as “I received everything in full and waive all my rights” while there is a defect or deficiency may make later proof more difficult. [K1, K2, K5]

A buyer who is abroad can act through an appropriate power of attorney. However, the power of attorney, identity, translation, payment and the necessary permits should each be prepared according to the transaction file. The granting of a power of attorney does not show that all municipal, bank and subscription transactions will be completed with the same authority, or that every amount can be collected by the attorney-in-fact. [K2, K14]

After the transfer, notification to the municipality and follow-up of taxpayer status, notification to the management, subscriptions, insurance, lease and deposit records and, if any, special permit procedures should be completed. The sale contract, the official transaction documents, bank receipts, review reports and the delivery record should be kept in the same file. [K3, K9, K14]

If a problem arises, what legal remedies does the buyer have?

The claim should be framed according to the nature of the problem. Failure to transfer the title, a defect, incomplete delivery, late delivery, a concealed encumbrance, an invalid contract or fraudulent misrepresentation are not the same ground of action. If the conditions are met, registration, refund of the price, reduction of the price, remedy of the defect, rescission or compensation may come into question. It cannot be concluded that in every dispute both the immovable property and the price can be claimed together and unconditionally. [K1, K2, K5]

The distinction between a consumer transaction, a commercial transaction or another private-law relationship affects the court with subject-matter jurisdiction and mediation as a condition precedent to litigation. In actions concerning the immovable property itself, jurisdiction may be assessed differently from personal claims such as the refund of the sale price. There is no single court or single preliminary application rule for cancellation of title and registration, lease, dissolution of co-ownership and consumer disputes. [K5, K25, K32]

In an ownership dispute with no special rule on subject-matter jurisdiction, the civil court of first instance; in a sale dispute in the nature of a consumer transaction, the consumer court; and in a commercial action in which the statutory conditions are met, the commercial court of first instance come into play. Matters within the jurisdiction of the civil court of peace, such as lease and dissolution of co-ownership, are kept separate. The exclusive jurisdiction of the place where the immovable property is located in an action concerning the immovable property itself is not the same as the jurisdiction for a purely monetary claim. Not every immovable property action is deemed subject to mediation as a condition precedent to litigation; the exceptions in consumer disputes and the lease, partition, condominium ownership and neighborly matters listed in Article 18/B of Law No. 6325 are assessed separately. [K23: Arts. 4–5/A; K25: Arts. 2, 4, 12; K32; K37: Arts. 73, 73/A]

In a defect claim, a photograph of the building as it is today may not be sufficient. The promised feature, the condition on the date of sale and delivery, when the defect was noticed, and the notice and repair attempts should be shown together. Under the general provisions, an action concerning a structural defect is subject to a statute of limitations of five years starting from the transfer of ownership under Article 244 of the Turkish Code of Obligations, and twenty years if the seller is grossly at fault. In consumer law, there is a liability regime of five years from delivery for a defect in a home or holiday property, and not less than three years in a second-hand sale. The special exception in consumer law applies separately to defects concealed through gross fault or fraud. Delivery, the transfer of ownership, learning of the defect and notice cannot be used in place of one another. [K2: Arts. 223, 244; K37: Arts. 10–12]

In preparing for litigation, dated copies of listings and messages, all annexes to the contract, bank movements, land registry records, the municipal file, delivery documents and technical reports should be kept. Where there is a risk of change or loss, preservation of evidence; and where the immovable property is changing hands or there is another danger, an interim injunction or precautionary attachment may be considered according to their conditions. These are not granted automatically merely because an application has been made. [K24, K25]

A criminal complaint does not replace an action for compensation or registration. A breach of contract is not fraud in every case; fraudulent conduct and the other elements of the offense must be shown separately. It should also not be assumed that making a complaint, a formal notice (ihtar) or holding a meeting suspends all litigation periods and time limits for bringing an action. [K2, K25, K32]

Time limits: general framework and transitional rules

This table does not determine a personal final filing date. For example, with respect to defects in an immovable structure, Article 244 of the Turkish Code of Obligations and the special provisions in consumer law, gross fault or fraud and notice conditions should be assessed together. A separate time schedule should be set up at the beginning of litigation preparation. [K2, K5, K6, K7, K32]

The Importance of Legal Support in Real Estate Purchase and Sale Processes and the Role of the Attorney

The role of the attorney in a real estate transaction is not only to prepare the contract or to attend the signing stage at the land registry; it is to assess together, before the transaction, the right to be taken over, the possibility of using the immovable property, the payment arrangements and possible disputes. In its legal representation and legal advisory work carried out since 1999, Güneş & Güneş Law Firm bases its approach as much on legal review before the transaction and a protective contract arrangement as on representation after a problem arises.

The needs of the buyer and the seller are not the same. The buyer wants to acquire, in return for the price, the promised right and use; the seller wants to collect the price, make the transfer and delivery correctly, and anticipate claims that may be raised later. The work to be undertaken is determined within the framework of the nature of the immovable property, the party’s purpose, express instruction, the power of attorney and the fee agreement. Legal review, valuation and engineering review complement one another; they do not replace one another. [K1, K2, K4]

Joint review of land registry, municipal and management records

From the land registry, the owner, the ground of acquisition, block, parcel, independent unit, land share, mortgage, attachment, annotation, declaration, easement and injunction records are reviewed, with the supporting documents obtained where necessary. Together with the seller’s identity, capacity and authority of representation, the limitations that may arise from a family residence, inheritance, co-ownership or an ongoing lawsuit are assessed. The review is not limited to the old title deed presented by the seller. [K1, K2, K23]

The zoning plan and plan notes, the construction permit, the approved project, the occupancy permit, the stop-work record, and the demolition and fine decisions at the municipality or the competent administration are researched. In structures with condominium ownership or a servitude of floor ownership, the management plan, common areas, appurtenances, claims of private use and maintenance fee statements are also assessed. Tax, insurance, subscription and actual use records are linked to the same transaction file. These records are read together not to show the existence of a document but to reveal the consistency between the legal and the actual condition of the immovable property. [K3, K4, K9, K20, K21, K22]

Comparison of the parcel, satellite image and on-site review

Parcel data and satellite images are helpful in researching the location of the immovable property, its surroundings, the visible construction, transport connections, and whether the marketed place and the registered place coincide. The legal basis of a visible road, whether the garden or pool stays within the boundaries, the appurtenances on the structure and the unit to be transferred in the land registry are examined separately. If there is a need with respect to boundary, surface area or building technique, a study is obtained from a competent technical expert. A satellite image is not made a substitute for the land registry, the cadastre, a current zoning document or an on-site technical measurement. [K1, K4, K20, K21]

Identifying legal risks before earnest money and transfer

When a zoning nonconformity, a missing permit, an encumbrance on the title, an authority problem or an obstacle to the promised use is identified, whether the risk can be eliminated, its effect on the price and payment schedule, the necessary security and the option of abandoning the transaction are explained. The decision to purchase should be based not only on the attractiveness of the price but also on the nature and cost of the problem that must be eliminated. Carrying out the review before earnest money is paid makes it easier to decide before a binding obligation or payment arises.

If the review is carried out later, the possibility of exiting the transaction and obtaining a refund is determined according to the existing contract and statutory rights. Not every nonconformity creates a right of rescission without charge and without loss; it is therefore important to regulate a negative review and refund conditions at the outset. Legal support aims to manage risks by making them visible; it is not an absolute assurance that no uncertainty remains. [K1, K2, K5]

Preparing the sale, promise to sell and side protocols

The full description of the immovable property, the basis of net and gross area, appurtenances, fixed equipment, the price, payment dates and accounts, the nature of the earnest money, the conditions for refund of the deposit, removal of encumbrances, vacant or tenanted delivery, the penalty clause and securities are clearly regulated in the contract. A loan or permit not being granted, the valuation result differing from what was expected, conformity with the purpose of citizenship or residence not being achieved, and the parties abandoning the transaction may be tied to separate consequences. [K1, K2, K5, K14]

The attorney prepares the legal content of the contract and its annexes; the official sale transaction and the promise to sell in drawn-up form are completed within the competent authority and the statutory form requirements. Notarial certification of the signatures on a private protocol does not in every case constitute an official sale or a valid promise to sell. The side protocol must not conflict with the official text of the sale and the bank documents. [K1, K2, K35]

Negotiation, refund of earnest money, contractual penalty and sharing of costs

The price, delivery, removal of encumbrances on the immovable property and payment terms are negotiated with the seller or the authorized real estate business. Provisions such as “if the review has a negative outcome, the earnest money is refunded to the same account within one business day” or “if conformity cannot be achieved, the valuation expense is paid by the seller” may be expressly agreed in a manner consistent with the terms of the transaction. These are not general statutory consequences that apply automatically in all sales. [K2]

For the seller’s withdrawal, the buyer’s failure to pay, and delay or incomplete delivery, the breach to which the penalty clause is tied is determined. The validity of the clause, its relationship with the main contract, the possibility of collection and the adequacy of the security are assessed. The purpose of negotiation is not only to lower the price but to turn an uncertain oral promise into an enforceable and provable obligation. [K2]

Legally structuring payments and money transfers

At what stage, to whom and with what description the sale price will be paid is planned together with the loan, the mortgage payoff, offsetting, a blocked account or an applicable secure payment arrangement. The buyer’s and seller’s accounts, the authority to collect, bank documents and the order of the land registry transaction are compared. A new IBAN or payment instruction is not accepted on the strength of a message screenshot alone. The conditions under which the price will be released or refunded if the transaction does not take place are also determined. [K1, K2, K10]

The attorney’s conduct of the process or the passing of the price through the attorney-in-fact’s account does not by itself create a bank guarantee or an escrow account security. Money movements should be set up in line with special authority, express instruction, a verifiable bank record and the duty to account. In a transaction where the DAB is required, the currency conversion and the payment to the seller are kept separate. A secure payment system likewise does not replace the land registry and zoning review. [K2, K10, K13]

Reviewing valuation, technical characteristics and return on investment

To assess the current value of the immovable property, the features stated in the listing and, if there is an investment purpose, the projected income–expense relationship, a separate study may be planned with valuation institutions and technical experts that have the authority and expertise the work requires. The scope of the report, its independence, its fee, the method of obtaining it and the transaction for which it will be used are determined. The attorney assesses whether the report conflicts with the legal records and the risks the contract should protect against; the attorney does not take the place of an engineering or valuation expert. [K4, K20, K21, K33, K34]

Rental income, vacancy periods, maintenance fees, upkeep, taxes, financing and the necessary permit costs are the assumptions of the return calculation. Past rental or sales data do not show that the same return will be achieved in the future. An application for correction or an objection can be made for an erroneous report; the aim is not to artificially raise the report to the amount requested for a sale, loan or citizenship. Purchase at real value and return on investment within a certain period are not results that the legal service guarantees.

Official documents, permits and coordination of transactions among institutions

Land registry and municipal documents, management and debt statements, the building registration certificate, permit and occupancy permit records, valuation, translation and bank documents are obtained according to the scope of the work. Which institution requests which document, to which immovable property or transaction the document relates, and the order in which deficiencies are completed are determined. Obtaining a document and the legal sufficiency of the document are examined separately. Follow-up among institutions aims to reduce unnecessary applications and repetitions; the date of a decision by the administration, the bank or the court is not guaranteed by the attorney. [K1, K4, K5, K9, K13, K14, K20, K33]

Land registry and delivery procedures on behalf of parties outside Türkiye

On behalf of a person who cannot be in Türkiye or who wishes to conduct the transaction through an attorney-in-fact, the transaction can be carried out with an appropriate power of attorney issued by a notary, a Turkish foreign mission or a foreign authority that meets the acceptance conditions. The authorities necessary for buying or selling the immovable property, collecting the price, bank transactions, mortgage payoff, the DAB, subscriptions and municipal notifications are determined separately. For documents issued abroad, certification or apostille, translation and the form requirements of the transaction authority are observed. [K1, K2, K14, K35]

In a purchase, registration is made in the client’s name; in a sale, the collection of the price and its transfer to the client are tied to express authority and instruction. When the party is in Türkiye as well, documents, transfer, payment and delivery are carried out according to the same plan determined in advance. Keys, meters, fixtures and outstanding work are entered in the delivery record; after the transfer, management, subscriptions, insurance and notifications to the relevant institutions are followed up. [K1, K2, K3, K9]

Processes tied to a foreign buyer’s citizenship and residence purpose

The foreign buyer’s eligibility for acquisition, the status of the immovable property, valuation and payment documents, the necessary annotations and conformity procedures are planned together. If a citizenship or residence application is separately undertaken, the applicant’s personal situation and the documents requested by the competent authority are assessed in a separate file. Buying immovable property of a certain value or the issuance of a conformity certificate does not by itself make it certain that the application will have a positive outcome. In the contract, the seller’s document and cooperation obligations and the consequences of failure to achieve conformity are kept clear. [K13, K14, K20, K33, K36]

Following immovable property under construction and disputes

In a project at the construction stage, the landowner–contractor contract, the distribution of independent units, the permit, the architectural project, the technical specification, the security, the payment schedule and the delivery date are tracked together. It is taken into account that completion of the construction in conformity with the contract, the occupancy permit and land registry procedures, and technical delivery are different stages. Depending on the nature of the nonconformity, a technical expert review is obtained and a written record is created. [K4, K5, K8, K37]

In delay or breach, formal notice, negotiation, settlement, mediation if necessary, litigation and interim legal protection options are assessed. Settlement efforts cannot be made a ground for waiting in a way that would lead to loss of time or disappearance of evidence. Claims for registration, refund, defect, compensation and collection are chosen according to the concrete right; a criminal complaint is not made a substitute for a private-law claim. The filing or pursuit of an action does not necessarily mean that registration or collection will be obtained. [K2, K24, K25, K32]

Informing the client, multilingual communication and working strategy

The client is told not only the outcome of the transaction but also the risks identified in the review, missing documents, alternatives, costs and the stages at which the client must make decisions. The frequency of follow-up is determined according to the nature of the work; steps requiring daily checks during critical transaction periods can also be planned separately. Instead of a general promise that uninterrupted daily checks are made in all files, an assignment with a defined person responsible, communication method and information schedule is set up. [K2]

Communication in Turkish, English, German and Russian is used so that a foreign client can understand the contract, the payment conditions and the result of the official transaction. When a need exists in another language, including Ukrainian or Dutch, the scope and availability of an interpreter or language support appropriate to that work are determined separately; this statement does not mean that direct service is continuously provided in those languages. Multilingual communication does not replace the sworn translation or interpreter requirement needed in the transaction. [K14]

The working strategy is set up by assessing together the seriousness of the risk, the possibility of eliminating it, time, cost, evidence and the likelihood of collection. Avoiding unnecessary transactions as well as making visible a problem that must be resolved before the sale takes place is part of legal support. The aim is not only to complete the title transfer but to enable the client to decide knowing which right they are acquiring, under which conditions and with which obligations.

Conclusion

In buying real estate in Türkiye, the right decision does not depend only on the existence of a title deed or on the ability to pay. The owner and authority, the encumbrances in the registry, the zoning and building file, actual use, the contract and the payment arrangements must be consistent within the same transaction. For a buyer of a home or summer house, the structure that is seen; for a buyer of land, the intended construction; and for an investor, the promised use and income must especially be verified.

Checks relating to Antalya, Mugla, Bodrum, Izmir and Istanbul consist not of repeating the name of the city but of researching the parcel’s own plan and permit regime. Identifying risks before earnest money is paid, showing their solutions in the contract and renewing the checks on the day of transfer provide a sounder purchase arrangement than relying afterwards on an uncertain claim for compensation.

Related articles: Can a Title Bought from a Developer Be Cancelled? The Good Faith of a Third Party and the Court of Cassation’s Current Approach and Cancellation of Title and Registration Based on a Promise-to-Sell Agreement for Immovable Property: Annotation, Payment and Sale to a Third Party discuss contract and registration disputes; Cancellation of Title and Registration Based on the Right of Pre-emption: Time Limits, Market Value and the Co-owner’s Rights discusses purchase of a share; and Residence Permits in Türkiye: Types, Application, Extension and Legal Remedies Against Rejection Decisions separately addresses foreign buyers’ questions about residence.

Frequently Asked Questions

Is seeing a photograph of the title deed enough for a purchase?

No. The current owner, encumbrance and independent unit information should be reviewed from the official records and compared with the municipal file and the actual condition. A photograph may not show later transactions. [K1]

If there is a mortgage on the title, can a home not be bought?

A mortgage is not in itself an absolute prohibition on sale; however, if taken over without being removed, the immovable property carries an enforcement risk. Release, payment and, if any, the assumption of the personal debt should be regulated separately. [K1, K2]

Is a home with an attachment in the same position as a home with an injunction?

No. The effect of an attachment and the effect of an injunction that prevents transfer may differ. A definitive transaction recommendation should not be given without seeing the basis and scope of the record. [K24, K25]

Is a title held in shares regarded as the title to a specific villa?

Not in every case. The share acquired in the land registry and the arrangement of use relating to a specific structure or garden are separate. Whether there is an independent unit, subdivision or a valid right of use should be researched. [K1, K3, K4]

Is there still two years in every case for the right of pre-emption?

No. For sales after the amendment of December 25, 2025, the maximum period is one year; the three-month notarial notification period and the transitional rule for old sales are also taken into account separately. [K6]

Does condominium ownership provide earthquake safety?

No. Ownership of an independent unit and the earthquake performance of the structure are different matters. Technical safety is assessed through an engineering review where necessary. [K3, K4, K21]

Does a building registration certificate take the place of an occupancy permit?

The documents are not the same. The special legal effect and scope of the building registration certificate should be examined; the document does not give an unlimited right to build or a guarantee of durability. [K4, K22]

Can every villa in Antalya or Bodrum be rented out on a daily basis?

No. The status of the home, the permit for tourism rental, the owners’ resolutions and the applicable exceptions should be researched. A listing saying “suitable for rental” is not a permit. [K15]

Does the beach in front of a seaside home also belong to the buyer?

No such conclusion follows from a listing statement. The legal regime of the coast and any use or operating permit are assessed separately from ownership of the home. [K28]

If the review is negative after earnest money is paid, can the money be recovered?

Refund depends on the nature of the payment, the validity of the contract, the review condition and the reason for abandoning the transaction. It is important to write the review and refund conditions before payment. [K2]

Is having a signature certified at a notary a title transfer?

No. Signature certification, a promise to sell in drawn-up form and a statutory immovable property sale transaction are different. For ownership to be acquired, the relevant registration conditions must be completed. [K1, K2, K35]

If the developer does not finish the construction, is the title that was obtained necessarily cancelled?

No. The unification of case law decision of May 16, 2025 requires that the third party’s claim of reliance on the registry and good faith, within its scope, be examined. Acquisition in bad faith and a claim based only on the contract are assessed differently. [K8]

Is the maximum delivery period for pre-paid housing thirty-six months?

Under the current consumer regime, the maximum period is forty-eight months. A shorter delivery date in the contract, the legal conditions of delivery and the consequences of delay are also significant. [K5]

Must the tenant in the home that was bought leave automatically?

No. A sale is not in itself a ground for eviction. The new owner’s statutory grounds for eviction, notice and litigation conditions are assessed separately. [K2]

Are an old maintenance fee debt and old property tax assessed in the same way?

No. For maintenance fees, the period and status as owner and any securities are examined; for property tax, the special joint and several liability provision. Documents should be obtained for both, and the different regimes should not be confused. [K3, K9]

Is the penalty for understating the price in the land registry only twenty-five percent?

No. The special penalty rate in Law No. 7566 has been changed to one-fold. The calculation is made on the deficient fee and the statutory conditions; correct declaration of the real price is essential. [K11, K12]

Does the Secure Payment System eliminate all legal risks today?

No. The mandatory start date announced by the Ministry is December 1, 2026; the application on the date of the transaction should be checked separately. A payment system does not replace the land registry–zoning–defect review. [K10]

Is the DAB a tax document?

The DAB is the Foreign Currency Purchase Document (Döviz Alım Belgesi); it relates to the currency conversion arrangement in the acquisition by a foreign natural person. It should not be confused with the tax on gains from increase in value or with documents showing that the sale price has been paid to the seller. [K13]

Does buying immovable property make citizenship in Türkiye certain?

No. The amount, nature, payment, valuation, annotation and the review by the competent authority are assessed together. Residence permits and citizenship are also different processes. [K14, K36]

Is it possible to buy real estate without coming to Türkiye?

It is possible with appropriate representation documents; however, the power of attorney, identity, translation, payment and permit conditions must also be completed separately. Not every transaction may be carried out with the same authorization document. [K2, K14]

Should listings and WhatsApp messages be kept as evidence?

Yes. The original records whose dates, parties and context can be understood should be preserved. A single screenshot may not prove the entire contract or payment relationship; it is assessed together with other documents. [K25]

Does an attorney’s review guarantee protection against all risks?

No. Legal review helps identify rights and risks and set up the contract and the order of the transaction. It does not guarantee the outcome of a technical report, an administrative permit or a court decision; the scope of the service is determined for the specific work.

Sources and legal bases

K1. Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu) Arts. 3, 194, 444, 462, 598–599, 688–705, 706, 888, 1009, 1020–1025. Source text.

K2. Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu) Arts. 97, 112, 117–125, 177–182, 223, 237, 244, 310, 351–352, 504, 506 and 508. Source text.

K3. Law No. 634, Condominium Ownership Law (Kat Mülkiyeti Kanunu) Independent units, common areas, management plan; Arts. 20, 22, 28. Source text.

K4. Law No. 3194, Zoning Law (İmar Kanunu) Arts. 21, 30, 32, 42 and Provisional Art. 16. Source text.

K5. Ministry of Trade (Ticaret Bakanlığı), Information on Pre-Paid Housing Sales Contracts (Ön Ödemeli Konut Satış Sözleşmeleri Hakkında Bilgilendirme) Law No. 6502 Arts. 40–46 and the relevant Regulation; the institution’s statement dated March 5, 2026. Source text.

K6. Law No. 7571 Arts. 2, 35–37; Turkish Civil Code provisions on pre-emption and transition. Adopted: December 24, 2025; entry into force: December 25, 2025. Source text.

K7. 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), February 9, 2026, E. 2025/2986, K. 2026/679 Valuation date of the pre-emption price; reasoning, outcome of reversal and the dissenting opinion on the reasoning. Source text. De Jure full decision record; the link may require signing in to an account.

K8. Grand General Assembly for Unification of Case Law of the Court of Cassation (Yargıtay İçtihatları Birleştirme Büyük Genel Kurulu), May 16, 2025, E. 2024/1, K. 2025/2 V. Reasoning and VI. Conclusion; reliance on the registry and the acquisition of a right in rem by a good-faith third party. Source text. Official Gazette publication: July 18, 2025, No. 32959. De Jure full decision record; the link may require signing in to an account.

K9. Law No. 1319, Property Tax Law (Emlak Vergisi Kanunu) Art. 30; unpaid property tax on transfer and joint and several liability. Source text.

K10. Ministry of Trade (Ticaret Bakanlığı), Press Statement on the Amendment to the Regulation on the Secure Payment System in Immovable Property Sales (Taşınmaz Satışlarında Güvenli Ödeme Sistemi ile İlgili Yönetmelik Değişikliği Hakkında Basın Açıklaması) September 28, 2026; mandatory start of application announced for December 1, 2026. Source text.

K11. Law No. 7566 Amending Tax Laws and Certain Laws and Decrees with the Force of Law (Vergi Kanunları ile Bazı Kanun ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılmasına Dair Kanun) Arts. 6 and 8; amendment of Fees Law Art. 63 and Schedule No. (4). Source text.

K12. Law No. 492, Fees Law (Harçlar Kanunu); Revenue Administration guide on Taxation of Real Estate Purchase and Sale Transactions (GİB Gayrimenkul Alım–Satım İşlemlerinin Vergilendirilmesi rehberi) Law No. 492 Art. 63 and Schedule No. (4); distinction between fee and gain from increase in value. Source text. Revenue Administration taxation guide.

K13. TKGM, Announcement on the Foreign Currency Purchase Document in Acquisitions by Foreign Natural Persons (Yabancı Gerçek Kişi Edinimlerinde Döviz Alım Belgesi Hakkında Duyuru) DAB and bank payment records; January 26, 2022. Source text.

K14. Investment Office of the Presidency (Cumhurbaşkanlığı Yatırım ve Finans Ofisi), Acquisition of Real Estate and Citizenship (Gayrimenkul ve Vatandaşlık Edinimi) Foreign acquisition, representation, payment and citizenship conditions. Source text.

K15. Ministry of Culture and Tourism (Kültür ve Turizm Bakanlığı), Application Guide for Renting Residences for Tourism Purposes (Konutların Turizm Amaçlı Kiralanması Başvuru Kılavuzu) Law No. 7464 and implementation; permit document and application conditions. Source text.

K16. Ministry of Environment, Urbanization and Climate Change (Çevre, Şehircilik ve İklim Değişikliği Bakanlığı), Special Environmental Protection Areas (Özel Çevre Koruma Bölgeleri) Inventory of areas and protection regimes. Source text.

K17. Ministry records on the Kas–Kekova and Belek Special Environmental Protection Areas Official records on the areas in Antalya. Source text. Kas–Kekova area record.

K18. Mugla Provincial Directorate (Muğla İl Müdürlüğü), Announcement on the Plan Provision Amendment for Fethiye–Gocek / Gocek Neighborhood The need to research separately the special plan decisions to which a parcel is subject. Source text.

K19. Plan records of the Izmir and Istanbul municipalities; natural conservation site announcement of the Izmir Provincial Directorate Izmir master plan records; Istanbul plan query. Source text. Istanbul plan query. Seferihisar natural conservation site announcement.

K20. TKGM / Your Key Türkiye, Acquisition of Immovable Property by Foreign Natural Persons (Yabancı Gerçek Kişilerin Taşınmaz Edinimi) Law No. 2644, Land Registry Law, Arts. 35–36; acquisition review. Source text.

K21. General Directorate of Professional Services (Mesleki Hizmetler Genel Müdürlüğü), Construction Permit, Occupancy Permit and Project Processes (Yapı Ruhsatı, Yapı Kullanma İzni ve Proje Süreçleri) Distinctions among structure, project and permit. Source text.

K22. Ministry of Environment, Urbanization and Climate Change (Çevre, Şehircilik ve İklim Değişikliği Bakanlığı), explanations on Zoning Amnesty / Building Registration Certificate (İmar Barışı / Yapı Kayıt Belgesi) Law No. 3194 Provisional Art. 16; scope of the certificate. Source text. Istanbul Provincial Directorate transaction documents.

K23. Law No. 6102, Turkish Commercial Code (Türk Ticaret Kanunu) Provisions on company management and representation. Source text.

K24. Law No. 2004, Enforcement and Bankruptcy Law (İcra ve İflas Kanunu) Attachment, precautionary attachment and Art. 277 et seq.; together with the current amendment in K6. Source text.

K25. Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu) Jurisdiction; proof, documents, interim injunction and preservation of evidence. Source text.

K26. Law No. 2577, Administrative Procedure Law (İdari Yargılama Usulü Kanunu) Art. 27; distinction between filing an action and a stay of execution. Source text.

K27. Law No. 5403, Soil Conservation and Land Use Law (Toprak Koruma ve Arazi Kullanımı Kanunu) Provisions on the use and division of agricultural land. Source text.

K28. Ministry, Frequently Asked Questions on Law No. 3621, Coastal Law, and Reclamation Zoning Plans (3621 Sayılı Kıyı Kanunu ve Dolgu İmar Planları Hakkında Sıkça Sorulan Sorular) The legal regime of the coast; distinction between use and ownership. Source text.

K29. Law No. 2942, Expropriation Law (Kamulaştırma Kanunu) Particularly Art. 31; distinction between transaction stage and prohibitions. Source text.

K30. Istanbul Metropolitan Municipality (İstanbul Büyükşehir Belediyesi), Bosphorus Zoning Branch Directorate (Boğaziçi İmar Şube Müdürlüğü) Law No. 2960, Bosphorus Law, and regional implementation. Source text.

K31. Law No. 6306 on the Transformation of Areas Under Disaster Risk (Afet Riski Altındaki Alanların Dönüştürülmesi Hakkında Kanun) Risky building and transformation transactions. Source text.

K32. Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu) Arts. 18/A–18/B; together with Law No. 6502 Art. 73/A and special provisions according to the type of action. Source text.

K33. TKGM, Update Announcements on Circulars No. 2024/2 and 2024/4 (2024/2 ve 2024/4 Sayılı Genelgelere İlişkin Güncelleme Duyuruları) Update announcements dated September 29, 2026. Source text. Announcement on Circular No. 2024/4.

K34. Law No. 6305 on Disaster Insurance (Afet Sigortaları Kanunu) Distinction between compulsory earthquake insurance and technical durability review. Source text.

K35. Law No. 1512, Notary Law (Noterlik Kanunu) Arts. 60, 61/A and 89; together with Law No. 2644, Land Registry Law, Art. 26. Source text.

K36. Presidency of Migration Management (Göç İdaresi Başkanlığı), Types of Residence Permits (İkamet İzni Çeşitleri) Explanation of the short-term residence permit for foreigners who own immovable property in Türkiye. Source text.

K37. Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) Arts. 8–12, 40–45, 73 and 73/A; defect, pre-paid housing, jurisdiction and mediation. Source text.

K38. Revenue Administration (Gelir İdaresi Başkanlığı), Property Tax Guide (Emlak Vergisi Rehberi) (2025) pp. 24–25, questions 31–32; tax debt and transfer in the land registry. Source text.