Real Estate Attorney’s Guide — Att. Rafet Aslan

The number of foreign investors wishing to own a home in Turkiye is steadily increasing. So, what are the legal requirements in this process, which documents are mandatory, and how is Turkish citizenship acquired through investment? As an attorney practicing in the field of real estate law in Antalya, I present in this guide all the legal details regarding Article 35 of the Land Registry Law, military forbidden zone restrictions, mandatory documents, and the citizenship process with the 400,000 USD investment requirement.

1. Legal Foundations of Immovable Property Acquisition by Foreigners in Türkiye

Türkiye, with its geopolitical position and developing real estate market, has always been a center of attraction for international investors. The legal framework for foreign real persons is primarily drawn by the Land Registry Law No. 2644. This process is not merely a simple buy-sell transaction; it brings along complex principles of property law and strategic restrictions concerning public order.

Article 35 of the Land Registry Law No. 2644: Current Regulations

Under current legislation, the acquisition of immovable property by foreign real persons is permitted "provided that legal limitations are complied with." However, this freedom is not an absolute right and depends on the cumulative fulfillment of certain conditions. The legislator has not limited the rights that foreigners can acquire to full ownership only; "independent and continuous limited real rights" are also included in this scope. This indicates that long-term rights subject to registration, such as the right of construction (superficies), can also be acquired by foreign investors.

Court of Cassation, 14th Civil Chamber, 2015/7243 E. – 2018/2709 K.: The process of immovable property acquisition by foreigners is subject to meticulous legal supervision; at the stage of registration of ownership, Land Registry Directorates are obliged to audit the legal status of the relevant property and the qualifications of the buyer.

Abolition of the Reciprocity Principle and Country-Based Restrictions

The most fundamental change implemented in 2012 was the removal of the "reciprocity" principle as a general requirement. In the old regulation, for a foreigner to acquire property in Türkiye, their own country had to grant the same right to Turkish citizens. This condition was relaxed by Law No. 6302; today, the citizens of which countries can acquire property in Türkiye is determined by the President, taking into account "international bilateral relations and national interests."

Court of Cassation, 7th Civil Chamber, 2024/3682 E. – 2025/1832 K.: Provided that legal limitations are complied with, citizens of countries determined by the President may acquire immovable property and limited real rights in Türkiye.

This change does not mean that foreigners have an unlimited right of acquisition. On the contrary, the "list of permitted countries" determined by the Presidency and country-specific restrictions (e.g., prohibitions imposed on citizens of certain countries in border provinces) form the basis of the process. The legal obstacles experienced in the past regarding acquisitions by Syrian nationals were a historical reflection of the reciprocity principle; it was also emphasized in the decision of the Court of Cassation, 7th Civil Chamber, No. 2011/3343 E. that legal and factual practice would be taken as a basis in determining reciprocity. Today, these restrictions are carried out through strategic country lists and security policies rather than reciprocity.

Surface Area and Regional Quotas: 30 Hectares and the 10% Limit

The property acquisition rights of foreign real persons are subject to concrete limits based on quantity and ratio, in addition to nationality-based restrictions. These limitations are shaped on two axes:

• Per-person nationwide limit: The total area a foreigner can acquire nationwide is a maximum of 30 hectares. The President may increase this amount up to twofold.
• District-based quota (10% limit): The total area of immovable properties acquired by foreigners cannot exceed ten percent of the surface area of the relevant district subject to private ownership.

Constitutional Court, 2012/75 E. – 2013/88 K.: "The total area of immovable properties and independent and continuous limited real rights acquired by foreign real persons cannot exceed ten percent of the district surface area subject to private ownership and thirty hectares per person nationwide." These limitations are constitutional in terms of public interest and national security.

Especially in coastal districts such as Antalya, Alanya, and Kemer, where foreign investors show intense interest, it is a mandatory step to query the occupancy status of the 10% quota through the systems of the General Directorate of Land Registry and Cadastre (TKGM). When the quota is full, no new registration can be made in the name of foreigners in that district by law. These limits are also critical for investors aiming for Turkish citizenship through real estate: the selected property must neither exceed the 30-hectare limit nor be stuck in the district quota.

Considering the "obligation to develop a proejct within two years" imposed on undeveloped properties (land, fields), it is clear that the acquisition of ownership by foreigners is not just a purchase transaction but a long-term legal commitment.

2. Mandatory Documents and Technical Procedures in the Real Estate Purchase Process

Transfer of ownership in Türkiye does not occur solely by the declaration of intent of the parties, but after the technical documents required by the legislation are completed. For foreign buyers, the complete and correct preparation of these documents is of a constitutive nature for the legal validity of the transaction.

Mandatory Real Estate Valuation Report

One of the most critical technical stages in the acquisition of immovable property by foreign real persons in Türkiye is obtaining a valuation report prepared by a real estate valuation company licensed by the Capital Markets Board (SPK). This requirement came into effect as of March 4, 2019, and the report must be submitted to the land registry office within three months from the date of issuance. Its purpose is to prevent tax evasion by showing sales below market value and to confirm the accuracy of the investment amount, especially in citizenship applications.

Council of State, 10th Chamber, 2020/5861 E. – 2024/6304 K.: Pursuant to Circular No. 2019/1 of the General Directorate of Land Registry and Cadastre, the real estate valuation report is a mandatory preliminary application document in transactions where foreign nationals are buyers or sellers.

An important nuance: The report does not create absolute bindingness on the sales price. As stated in the same Council of State decision, it is possible to determine the sale or promise-to-sell value lower or higher than the valuation report value. However, the declared price cannot be lower than the property tax value; in citizenship applications, the reported value must not fall below the minimum investment limit of 400,000 USD.

Foreign Exchange Purchase Certificate (DAB) and Current Payment Procedures

Pursuant to the Central Bank of the Republic of Türkiye (CBRT) Capital Movements Circular, in transactions where foreign real persons are buyers, the price of the property must be sold to a bank as foreign currency, and a Foreign Exchange Purchase Certificate (DAB) must be obtained in return. This document is submitted to the directorate before the title deed registration; it is not just a payment channel but a legal prerequisite for the transfer of ownership.

Especially in the citizenship process, the "triple consistency" requirement is of critical importance: The DAB amount — the real estate valuation report value — and the sales price declared at the land registry must be in mathematical harmony with each other. The smallest discrepancy between these three figures may lead to the inability to obtain a certificate of conformity and the interruption of the citizenship process.

Real Estate Sales Promise Agreement and Land Registry Annotation

In projects that have not yet been delivered (off-plan sales) or where construction servitude (kat irtifakı) has been established, the strongest legal tool securing the rights of the foreign investor is the Real Estate Sales Promise Agreement made in the form of a notarized deed. Sales promise agreements made in ordinary written form are legally invalid.

Court of Cassation, 7th Civil Chamber, 2022/7017 E. – 2024/274 K.: Real estate sales promise agreements must be issued ex officio before a notary pursuant to Article 237 of the Turkish Code of Obligations, Article 706 of the Turkish Civil Code, and Article 89 of the Notary Law. Notary approval is a constitutive element for the validity of the agreement.

In order for the agreement to be asserted against third parties and to prevent the sale of the property to someone else, it must be annotated in the land registry. The Plenary Session of Administrative Law Chambers of the Council of State (2020/2485 E. – 2021/1307 K.) confirms that all foreign acquisition restrictions will be audited during the annotation process: the nationality of the buyer, the property being outside the military zone, and the requirement of obtaining governorate permission, if any, are sought.

In cases where the contractor avoids the transfer of the title deed despite completing the construction, "forced registration" (ferağ icbar) lawsuits come into play. In the decision of the Bakırköy 7th Civil Court of First Instance (2022/652 E. – 2024/283 K.), a decision for the cancellation of the title deed and registration was rendered in favor of the buyer who made all payments in full. This precedent demonstrates how strong an evidentiary tool notarized agreements and bank payment documents are for foreign investors.

3. Military Forbidden Zones and Property Obstacles in Strategic Areas

The most frequent problem I encounter in real estate sales to foreign buyers in Antalya, which produces the most severe consequences, is the property being located within a military forbidden zone or strategic area. At the heart of the phrase "legal limitations" in Article 35 of the Land Registry Law No. 2644 lies the Military Forbidden Zones and Security Zones Law No. 2565.

First and Second Degree Military Forbidden Zones

Pursuant to Law No. 2565, military forbidden zones are examined in two main categories:

• First Degree Military Forbidden Zones: Located at the very center of military facilities and strategic points. Acquisition of property by foreigners is absolutely prohibited; even entry into these areas is forbidden.
• Second Degree Military Forbidden Zones: These are security belts around strategic facilities. Although acquisition is theoretically possible under certain conditions and permissions, in practice, the vast majority remain closed to foreigners.

Court of Cassation, 16th Criminal Chamber, 2018/3781 E. – 2020/1861 K.: Military forbidden zones are legal statuses whose borders are determined by coordinates and whose violation is subject to criminal sanctions. They can be established and abolished by Presidential decision upon the necessity shown by the General Staff.

Governorate Permission and TKGM Inquiry Procedure

Land registry directorates are obliged to ex officio examine whether the property is located within a military forbidden zone or security zone upon the request of the foreign national. This examination is carried out through military forbidden zone maps held by the TKGM and updated with data from the General Staff.

Court of Cassation, 7th Civil Chamber, 2024/3682 E. – 2025/1832 K.: "Maps and coordinate values belonging to military forbidden zones, military security zones, and strategic zones are notified to the General Directorate of Land Registry and Cadastre, and land registry transactions are carried out accordingly." Decisions rendered without this research are considered legally defective.

Governorates confirm whether the property will pose a strategic inconvenience by coordinating with the relevant military authorities. Especially in areas newly opened for construction or where strategic importance has increased, this inquiry constitutes the most critical stage of the registration process.

Special Security Zones and Strategic Areas

National security restrictions are not limited to military areas only. Areas such as energy facilities, dams, critical transportation lines, or strategic agricultural lands can also be defined as "Special Security Zones" or "Strategic Areas."

Council of State, 10th Chamber, 1994/1367 E. – 1995/4570 K.: Pursuant to Article 28 of Law No. 2565, the Presidency may decide that foreigners cannot acquire immovable property in regions to be determined due to their proximity to military forbidden zones or other strategic reasons. It is mandatory to investigate whether the property is located in these areas with documents obtained from the administration.

Constitutional Court, Application No. 2017/28373: "Unexpropriated properties in military security zones cannot be sold, transferred, or leased to foreign real and legal persons. The sale and transfer of these properties to foreigners are subject to the permission of the governorate where the property is located."

This situation creates a serious risk of "legal impossibility" for foreign investors: the physical existence of the property and the payment of the price are not sufficient for title deed registration if there is a strategic area obstacle. For this reason, at the stage of the sales promise agreement or before paying the down payment, "clearance" for foreign acquisition should be obtained from the TKGM based on the block and parcel information of the property.

4. Turkish Citizenship Through Real Estate: Requirements, Risks, and Misleading Advertisements

Within the scope of Article 12 of the Turkish Citizenship Law No. 5901, the acquisition of citizenship by a foreign real person through exceptional means requires the acquisition of immovable property above a certain value and the annotation of this acquisition in the land registry with the undertaking "not to sell for three years." This process does not consist only of purchasing a property; it incorporates a series of complex administrative, financial, and legal procedures.

Minimum Investment Amount: 400,000 USD

In the current regulation, the minimum real estate investment required for citizenship is 400,000 USD or its equivalent in foreign currency/Turkish Lira. Acquisitions below this amount do not grant the right to citizenship.

Advertisement Board, Decision No. 2020/2105: "It has been found misleading because it violated the condition of purchasing immovable property in the amount of at least 250,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira." The current minimum amount is 400,000 USD; all advertisements promising below this limit are misleading.

Furthermore, the nature of the property is also decisive for citizenship. As emphasized in the decision of the Plenary Session of Administrative Law Chambers of the Council of State (2020/2485 E.), for a citizenship application to be made with a sales promise agreement, the property must have condominium (kat mülkiyeti) or construction servitude (kat irtifakı) established. It is not possible to acquire citizenship through a sales promise over undeveloped land or fields.

Misleading Advertisements and Administrative Sanctions

In the market for real estate sales to foreigners, marketing activities carried out especially with the promise of citizenship are subject to strict supervision under the Advertisement Board and the Law No. 6502 on the Protection of Consumers.

Advertisement Board (Öz İstanbul Real Estate Decision, 2022): The phrase "You can have Turkish Citizenship within 60 days" has been found unlawful. As emphasized in the decision, for the acquisition of citizenship, "the conditions specified in the legislation must be met by the decision of the President," and this process is an administrative process, not an unconditional right of purchase.

Advertising suspension penalties and heavy administrative fines are applied to companies making such misleading advertisements pursuant to Articles 63 and 77/12 of Law No. 6502. Investments made by investors relying solely on advertising slogans without receiving legal consultancy may result in the rejection of the citizenship application.

Presidential Decision and Security Investigation

Although the citizenship process begins with the Certificate of Conformity obtained from the Ministry of Environment, Urbanization, and Climate Change, the final decision is made by the President. At this stage, the archive research and security investigation carried out by the National Intelligence Organization (MİT) and the General Directorate of Security constitute a critical threshold.

Council of State, 10th Chamber, 2023/4836 E. – 2024/6781 K.: Upon learning that the applicant was wanted with an international Red Notice for drug offenses after acquiring citizenship through investment, the citizenship was revoked pursuant to Article 40 of Law No. 5901. Citizenship decisions rendered without the fulfillment of legal conditions or repeatedly can be revoked later.

This decision is extremely important: the payment of the property price and the granting of citizenship are not permanent guarantees. Investors must meticulously evaluate not only the financial conditions but also the compliance of their personal backgrounds with Türkiye's public order criteria before application.

Critical steps of the citizenship process: ✓ Ensuring mathematical consistency between the valuation report, DAB, and land registry sales price. ✓ Recording the "no transfer for 3 years" annotation in the land registry. ✓ Obtaining the Certificate of Conformity from the Ministry of Environment, Urbanization, and Climate Change. ✓ Successful completion of the MİT and Police security investigation. ✓ Realization of the Presidential approval.

Conclusion: Do Not Sign Without Receiving Legal Consultancy

The acquisition of real estate by foreigners in Türkiye is a highly technical process subject to administrative supervision, located at the intersection of the Land Registry Law No. 2644, the Military Forbidden Zones Law No. 2565, and the Turkish Citizenship Law No. 5901.

Critical points that investors should pay special attention to:

• Coordinate-based determination of whether the property is located in military forbidden zones or strategic areas.
• Compliance of the minimum investment amount (400,000 USD) and the DAB procedure with the legislation for citizenship application.
• Harmony of real estate valuation reports with market reality and the land registry declaration.
• Issuance of sales promise agreements before a notary and their annotation in the land registry.
• Management of national security and public order investigations during the Presidential approval process.

Seeking support from an expert attorney in foreign real estate investment and citizenship processes in Türkiye is the most reliable way to prevent procedural errors, difficult-to-remedy damages, and long-term lawsuits that could jeopardize investments worth millions of Liras. Consult your attorney before signing the contract or paying the down payment.

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