A general overview of how the land registry record, zoning status, building documents and rules specific to foreigners are reviewed before a purchase.
For a foreign buyer looking at a flat or a plot of land in Türkiye, the process often begins with a listing, a viewing and a decision that seems to be expected rather quickly. Yet the transaction at the land registry office simply records the outcome of whatever review has been carried out before that day. In this article we outline, in general terms, the points worth examining before committing to a purchase. Every property and every buyer is different; the list below is a framework for review, not legal advice.
The register: who is selling what, and subject to which rights?
The first step is to obtain the current entry from the records of the General Directorate of Land Registry and Cadastre. The register shows whether the seller is in fact the owner, who the other co-owners are where the property is held in shares, and how the property is described (land, field, residence, an independent unit under construction servitude, and so on).
The annotations and declarations section of the register matters as much as the main page. In particular, one looks for:
- Mortgages, attachments and interim injunction entries
- Annotations of leases, pre-emption rights or promises to sell
- Limited rights in rem such as usufruct or a right of residence, and easements
- Declarations relating to the management plan and condominium ownership
Some of these entries can be removed before completion; others pass to the new owner together with the property. Knowing which is which before the contract stage also shapes the negotiation.
Zoning status and building documents
The register shows the legal existence of a building; the zoning documents show whether it complies with planning rules. The zoning status issued by the municipality, the approved project, the building permit and the occupancy permit (iskân) are read together. Discrepancies, such as a unit registered as a residence but shown differently in the project, an added storey or an enclosed balcony, may raise questions later on in relation to use, resale or mortgage finance.
Restrictions specific to foreign nationals
Acquisitions by foreign individuals are assessed in the light of reciprocity, area limits and the rules on military restricted zones and security zones. In certain locations an opinion from the relevant authorities may be required before the sale can proceed. The buyer’s nationality and the location and character of the property need to be considered together. As these restrictions may change over time, it is advisable to confirm the current position before applying.
Valuation, tax number and payment arrangements
Sales to foreign buyers generally require a valuation report prepared by a valuation firm licensed by the Capital Markets Board (SPK). Obtaining a Turkish tax identification number, paying through a traceable bank channel and keeping records of currency conversions will also prove useful later, for example in residence or other applications. Where a deposit or advance payment is to be made, it should be tied to a written agreement stating clearly in which circumstances it is refundable.
The property on the ground
A documentary review is completed by an inspection on site. Whether there is a tenant in occupation, whether service charges, property tax or utility debts are outstanding, what the management plan of the development provides, and the status of the DASK (compulsory earthquake insurance) policy are all questions for this stage.
In short
Pre-purchase review brings together the land register, zoning and building documents, the restrictions applicable to foreigners, valuation and payment arrangements, and the actual condition of the property. The weight of each heading depends on the property and the buyer. Reviewing this framework against your own circumstances before making a decision helps the process unfold more predictably.
This content is for general information only and does not constitute legal advice.