The law facilitating the foreigners purchasing properties in Turkey

Turkey had undertaken that the real estate purchasing transactions would be facilitated as in other European Community member countries in compliance with the Membership Agreement under the title of Free Circulation of the capital. Actually, Turkey’s said undertaking had been realized by the Law Number 4916, legislated in July 23, 2003.

Though the Law, Number 4916, facilitating the foreigners purchasing real estates in Turkey, gave rise very positive results, was revoked by the Constitutional Court in March, 2005.

We can summarize the general rules providing the foreigners purchasing real estates in Turkey, as follows:

According to the Article 35 of the title Deed Law, purchasing real estates in Turkey is subject to the reciprocity principle that means it is a mutually applied between at least two states providing their citizen’s to obtain the same rights, reciprocally.

As a requisite of the reciprocity principle actual applications bears importance along with the legislation. It means that in order to purchase real estates in Turkey by a foreign citizen is legally possible if a Turkish citizen should have the same right of purchasing real estates actually and legally in the same foreign state.

The exceptions of the reciprocity principles are, as follows:

Those who are Heimatlos people can’t be benefited from the same principle.

In compliance with the convention about the Immigrant’s Legal Statue, refugees can be exempted from the stipulations of reciprocity in case they officially prove their 3 years residence in the country they took refuge in.

According to the Tourism Encouraging Law, Number 2634, the foreigners who make investments aiming tourism, can purchase real estates within tourism regions and centers without being subject to the reciprocity principle and restrictions for them.

Foreign people can purchase property which is defined and separated in the zoning plan with the aim use of an office or residence. To purchase property by a foreign company is legally possible in case of a special regulation.

Besides, there are three restrictive rules in other laws, for the foreigners purchasing properties:

According to the Military Prohibited Zones and Security Regions Law, Number 2565, the real estates situated in those areas are prohibited to be sold or rented and inalienable to the foreign legal entities or people.

According to the title Deed Law’s Article 35 foreign citizen can purchase real estate until a scope of 2,5 hectare. In case of a Cabinet verdict foreign citizen can purchase real estate in scope of until 30 hectare. According to the Village Law’s, Number 442, amended Article 87 the foreigners can purchase real estates within the boundary of the villages contrary to the one of the former restrictions.