For those who wish to complete a property transaction without travelling: a power of attorney at a consulate or foreign notary, apostille and translation.
Many foreign nationals who wish to buy or sell property in Türkiye are unable to be present at every stage. In that case the transaction at the land registry office may be carried out through an attorney they appoint. A power of attorney executed abroad must, however, meet certain formal requirements before it can be used in Türkiye. Below we set out the process in general terms.
Two main routes: a Turkish consulate or a foreign notary
A person abroad can have a power of attorney prepared in one of two main ways. The first is through the Turkish consulate general, or the consular section of the Turkish embassy, in the country where they live. Because consulates are able to perform notarial acts, a power of attorney drawn up there in Turkish can, as a rule, be used in Türkiye without further certification.
The second route is a local notary in the country of residence. The document is then prepared in a foreign language and in accordance with local formalities, and certification and translation steps follow before it can be used in Türkiye.
The apostille
Where both Türkiye and the country of execution are parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention), the competent authority of that country adds an apostille to the document signed before the foreign notary. The apostille confirms the authenticity of the signature and seal. For countries that are not parties to the Convention, a different chain of certification, such as consular legalisation, applies.
Translation and notarisation
A power of attorney in a foreign language bearing an apostille is translated into Turkish in Türkiye by a sworn translator, and the translation is certified by a Turkish notary. At the land registry office the original is submitted together with the certified translation. It is important that names, passport numbers and property details in the translation match the original exactly, so that the transaction is not held up.
What the power of attorney should contain
A power of attorney for property transactions must set out the attorney’s authority clearly and sufficiently. A general power of attorney is often not accepted for land registry purposes. In practice, attention is paid to the following:
- Identity and passport details of the grantor and the attorney, and a photograph of the grantor
- The province, district, neighbourhood, block, parcel and unit details of the property
- An itemised list of powers, such as purchasing, selling, paying or receiving the price and obtaining a tax identification number
- Where needed, the power to appoint a substitute attorney
When deciding which acts the document will cover, it is also worth considering whether the authority granted is wider than necessary.
Practical suggestions
Sharing a draft of the text with the person who will handle the matter in Türkiye before signing helps avoid having to start again because of a missing or incorrect detail. Most consulates work by appointment, and some ask to see the draft in advance. As the originals usually need to be sent to Türkiye by courier, this time should also be built into the plan.
In short
A power of attorney granted from abroad can be executed at a Turkish consulate or before a foreign notary. A document signed before a foreign notary receives an apostille (or, depending on the country, consular legalisation), followed by sworn translation and notarisation in Türkiye. A text that is sufficient as to the property and the powers granted is the key to a smooth process. Details may vary depending on the country and the transaction.
This content is for general information only and does not constitute legal advice.