In accordance with Article 35 of Turkish Land Law No 2644, persons with foreign nationality allowed purchase a property in Turkey in the frame of relevant legal limitations.
Total area of all properties in Turkey under the ownership of a foreigner could not exceed 30 hectares. This point is always being examined by relevant Directorates of Land Registry and Cadaster during each application of a foreigner for obtaining of a property right on a real estate. Moreover foreigners are required to issue an undertaking deed committing that he/she will obey a legal restriction.
Only 10% of a total area of a district could be acquired by foreigners.
According to Law on Military Forbidden and Security Zones No 2565 foreigners are not allowed to acquire a property situated in these territories.
During the application of foreigner for acquisition of property relevant Directorate of Land Registry and Cadaster requests for Commandership Permission. Commandership gives permission or rejects the application basing on evaluations of a destination between the property and a military zones/building. Criteria regarding the distance are determined by each Commandership considering features of relevant military zones. Since the evaluation is being made on the basis of parcel, if the permission of the Commandership for the parcel was given after 05/05/2011 a new permission is not requested.
By decisions of Counsel of Ministers some territories could be accepted as a special security zones because of their strategic importance and acquisition of property in these zones by foreigners is forbidden. As an example of such a zone could be accepted airports, territories around specific public organizations etc.
Also by decisions of Counsel of Ministers could bring a prohibition on purchasing of property by foreigners in specific provinces, districts and neighborhoods because of public interest and national security.
In this regard in must be said that Counsel of Ministers are authorized to bring/remove restrictions, partially/fully prohibitions regarding a geographical area, term, quantity, proportion, type, qualification, area and amount of property and nationality or person of possible proprietor.
Purchase of property in archeological areas is Subject to a permission of Provincial Directorate of Ministry of Culture and Tourism or Ministry of Environment and Urbanization, which had characterized the area as archeological.
Purchase of property in islands is Subject to permission of Ministry of Internal Affairs.
In case of purchase of unconstructed property (lands without any buildings), construction plane ruled to be presented for approval of General Directorate of Land Registry and Cadaster within 2 years from the date of property’s acquisition by a foreigner.
If the project had not been presented to relevant authority or had not been realized in committed terms, a foreigner should inform the Directorate and liquidate (sell) the property within 1 year, otherwise the property should be liquidated by Ministry of Finance ex officio and the obtained fee should be paid to proprietor.
