Real Estate Lawyer in Turkey
With its vast surface area of 783,562 km²; its location at the crossing points of the European and Asian continents; its Mediterranean, Black Sea, and Aegean coasts and important inland waterways such as Istanbul and Çanakkale; its vibrant cities such as Istanbul, Ankara and Izmir; and its climate; Turkey offers dynamic real estate investment opportunities, whether for commercial, agricultural or touristic investments or for residential property.
It is essential to benefit from the assistance of a lawyer in buying, selling, and renting real estate in Turkey. Conducting preliminary research on the zoning and title deed status of the property and providing legal support for sales transactions are indispensable steps in real estate purchase and sale transactions in Turkey. In real estate lease agreements in Turkey, whether it is a residential or workplace lease; many issues such as the arrangement of the lease agreement, deposit disputes, determination of the condition of the leased property, rent increase, and eviction cases require the support of a real estate lawyer. Also, to overcome the language and cultural barrier and avoid mistakes, especially in a foreign legal system, getting support from a real estate lawyer in Turkey will provide you with the highest benefit in vital transactions such as the sale and purchase of real estate in Turkey.
As Viridis Legal Partners, your real estate lawyer in Istanbul, we are here to assist you in every aspect of your real estate transaction in Turkey. From buying a property in Turkey to your lease disputes we offer comprehensive and efficient real estate and lease law services.
What is a Real Estate Lawyer in Turkey?
A real estate lawyer in Turkey can be defined as a lawyer who manages all kinds of consultancy, mediation, litigation, and regulatory compliance processes related to real estate, from zoning law to lease law and of course real estate purchase and sale transactions.
A Turkish real estate lawyer provides effective legal advice to protect the client’s interest in the purchase, sale, or lease of real estate in Turkey, such as due diligence and drafting, checking and revising contracts, providing essential services for foreign individuals or companies wishing to buy, sell, lease or rent real estate in the Turkish real estate market.
For a foreigner who seeks to acquire Turkish citizenship in exceptional way through the purchase of a real estate in Turkey, the support of an experienced real estate lawyer in the field of citizenship in the preliminary research for the purchase of real estate in Turkey, title deed transactions and residence permit citizenship application procedures ensures that this whole process proceeds smoothly.
Why You Need a Real Estate Lawyer in Turkey?
In Turkey, real estate law is a specialised branch of law in which many areas of law intersect, from zoning law to tax law, from lease agreements and contracts law to real estate transactions and title deed law, where the interaction with public authority and bureaucracy is intense.
In case a foreigner in Turkey carries out serious legal transactions such as the purchase or lease of real estate without the assistance of a real estate lawyer, it will bring many risks. Especially if the foreigner does not speak Turkish, getting legal assistance from an English speaking Turkish real estate lawyer will minimise the risks by preventing misunderstandings and legal mistakes. In addition, if the purchase or lease of real estate is for the purpose of obtaining Turkish citizenship or a residence permit in Turkey, inaccuracies and disruptions in the purchase or lease of real estate may disrupt all these processes. For this reason, it is necessary to get support from a Turkish real estate and immigration lawyer in order to conclude all these transactions with the least risk and expense. You can also save time by following the real estate transactions with the power of attorney you give to your lawyer.
Companies that are parties to real estate purchase and sale and lease transactions in Turkey should conduct preliminary research on the real estate in question, work with real estate lawyers who are knowledgeable in the field of Turkish real estate law, and proceed with effective consultancy on private law issues such as lease law and contract law, which will enable them to manage their commercial risks more effectively.
Turkish Real Estate Law in Brief
In Turkey, the general principles of real estate ownership are regulated in the Turkish Civil Code numbered 4721, and lease agreements are regulated in the Turkish Code of Obligations numbered 6095. However, depending on the type of real estate, laws such as the Condominium Law, or the Coastal Law or the Village Law depending on the location of the real estate may also find an application.
In Turkey, there is no obstacle for foreigners to own real estate in general. Syrians cannot own real estate in Turkey. In addition, the upper limit of the total area of real estate that a foreigner can own in Turkey is 30 hectares. Restrictions on the acquisition of real estate by foreigners in Turkey are set out in Article 35 of the Land Registry Law No. 2644.
“Article 35 –
Provided that the legal limitations are complied with, real persons of foreign nationality who are citizens of countries determined by the President of the Republic in terms of international bilateral relations and in cases where the interests of the country require, may acquire immovable property and limited rights in rem in Turkey.
The total area of immovable properties and independent and permanent limited rights in rem acquired by real persons of foreign nationality shall not exceed ten percent of the area of the district subject to private property and thirty hectares per person throughout the country. The President of the Republic is authorised to increase the amount that can be acquired per person throughout the country by up to two times.
The President of the Republic may determine, limit, partially or completely suspend or prohibit the acquisition of immovable property and limited rights in rem by real persons of foreign nationality and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries, in terms of country, person, geographical region, duration, number, ratio, type, quality, area and quantity, where the interests of the country so require.
Real persons of foreign nationality and commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries are obliged to submit the project to be developed in the unstructured immovable they purchase to the approval of the relevant Ministry within two years. The project, which is approved by the relevant Ministry by determining the starting and completion period, is sent to the land registry office where the immovable is located in order to be recorded in the declarations section of the land registry. The relevant Ministry shall monitor whether the approved project is realised in due time.
…
Immovables and limited rights in rem acquired in violation of the provisions of this article, immovables and limited rights in rem acquired by inheritance other than those acquired in violation of the provisions of this article, those which are determined by the relevant Ministry and administrations to be used contrary to the purpose of acquisition, those for which no application is made to the relevant Ministry within the period of time or projects are not realised within the period of time, and those acquired by inheritance, except for the limitations within the scope of the first paragraph of this article, shall be liquidated and converted into price and the price shall be paid to the right holder, unless they are liquidated by the owner within a period not exceeding one year to be given by the Ministry of Finance.”
Accordingly, foreign real persons can acquire real estate in Turkey. However, the total area they can acquire in Turkey should not exceed 30 hectares. As for foreign legal entities, only commercial companies can acquire real estate in Turkey in relation to their fields of activity. Foreign associations and foundations cannot acquire real estate in Turkey.
What Does A Real Estate Lawyer in Turkey Do To Assist You?
Property Purchase and Sale Assistance In Turkey
We recognise that the purchase of property in Turkey serves a wide range of purposes for our foreign clients, from commercial or touristic investment to obtaining Turkish citizenship or residence permit. Therefore, due diligence and preliminary investigations such as title deed verification, determination of zoning status, verification of occupancy documents and viewing of the property in cases where you are unable to attend are imperative to minimise risks. In addition, transactions such as purchase and sale transactions at the land registry and obtaining the certificate of conformity also require the support of a Turkish real estate lawyer. As Viridis Legal Partners, English-speaking real estate lawyers in Turkey, we ensure that our foreign clients are well-informed and the risks are minimised in the process of buying and selling property in Turkey.
Lease Agreement Services In Turkey
Lease law in Turkey whether for rent of business premises or houses is an intricate field of law that carries many potential problems during the preparation, implementation or termination of the contract, from the preparation of the contract to the determination of the rental price, from the rent increase case and eviction cases. As Viridis Legal Partners, your English-speaking lawyers in Istanbul, we are at your side in many disputes that may arise from residential and commercial leases in Turkey, such as the preparation of lease agreements, notarisation, annotation of lease agreements to the title deed, preparation of eviction undertakings, follow-up of security deposit disputes.
Real Estate Dispute Resolution
In Turkey, cases arising out of real estate law may include a wide range of technical cases such as title deed cancellation and registration cases, eminent domain cases, expropriation cases arising out of administrative law, actions for the elimination of partnership, actions for the correction of title deed records, and payment of the usage cases. For this reason, it is absolutely necessary to seek the support of a Turkish real estate lawyer in resolving real estate disputes in Turkey through mediation, arbitration or litigation. As Viridis Legal Partners, your real estate lawyers in Turkey, we are at your side with our real estate dispute resolution services.
Legal Support for Real Estate Developers
As Viridis Legal Partners, your construction lawyer in Turkey in the field of construction and real estate law in Turkey, we are at your side during the management of a wide range of works and disputes such as urban transformation projects; infrastructure projects; construction models such as construction in return for flats, construction in return for land or profit sharing; EPC contracts or FIDIC contracts, mixed type construction and lease contracts or lawsuits to be filed due to defects in construction.
Your Turkish Real Estate Attorney: Viridis Legal Partners
As Viridis Legal Partners, we know how important it is for you to utilise the services of the right lawyer. As your real estate lawyer in Turkey, we can assist you in obtaining citizenship through the purchase of real estate in Turkey, representing you in disputes arising out of the purchase of real estate in Turkey, the sale of your real estate in Turkey or the management and leasing of your real estate in Turkey, or in resolving problems and damages you face as a tenant in Turkey. We also eliminate language barriers by providing real estate law services in fluent English so that you can fully understand your legal options and related procedures.
Contact us today to consult or benefit from our real estate lawyer services
Frequently Asked Questions (FAQs)
What are the steps to buy property in Turkey?
In Turkey, the real estate purchase process covers the stages of preliminary research and preparation of contracts and transfer at the land registry.
Can foreigners own real estate in Turkey?
Yes, foreign real persons and foreign companies can own real estate in Turkey.
What taxes are involved in property transactions in Turkey?
The costs of buying and selling real estate in Turkey consist of land registry fees and land registry revolving fund payments. The title deed fee is collected at a rate of 20 per thousand for the seller and the buyer separately, based on the value declared for sale, but not less than the real estate value declared by the municipality where the real estate is located.
How can I resolve a property dispute in Turkey?
In Turkey, it is possible to resolve real estate disputes through mediation, arbitration or litigation.
Do I need a lawyer to buy property in Turkey?
When buying a property in Turkey, it is beneficial to get support from a real estate lawyer in order to make the preliminary research and title deed transactions in the best way and to minimise the risks.
