Buying Property in Antalya: The Legal Process and What to Watch For

What to Do Before Buying Property in Turkey

Property acquisition in Turkey is a common form of investment and ownership for both Turkish nationals and foreign buyers. Depending on the buyer's nationality, the process requires the combined application of title deed law, zoning regulations, and — where relevant — restrictions specific to foreign nationals; procedural gaps at the outset can expose the buyer to material financial risk. This guide sets out the matters to be verified before purchase, the mechanics of the transfer process, and the role a lawyer typically plays.

1. Title Deed (Tapu) Review

Before proceeding, the current title deed record should be reviewed for:

• Any registered mortgage (ipotek) (which may reflect a debt owed to a bank)

• Any attachment/lien annotation (haciz şerhi) (placed by an enforcement office in connection with the seller's debt)

• Usufruct rights, annotations, or third-party claims (intifa hakkı, şerh, beyan) on record

• Whether the registered owner matches the person conducting the sale

This can be confirmed directly at the Land Registry Office (Tapu Müdürlüğü) or through a lawyer acting on the buyer's behalf.

2. Zoning Status and Occupancy Permit (İskan)

The zoning status (imar durumu) should be confirmed with the relevant municipality, and it should be established whether the building was constructed in accordance with its permit and holds a valid occupancy permit (yapı kullanma izin belgesi / iskan). The absence of such a permit can give rise to utility connection difficulties and a reduction in resale value.

3. Seller's Authority and Power of Attorney

Where the person conducting the sale is not the registered owner, they may be acting under a power of attorney (vekaletname). Its validity, scope, and currency should be verified, as transactions based on a forged or expired power of attorney carry significant risk for the buyer.

4. Formal Requirement for the Preliminary Sale Agreement

Where the parties wish to formalize their mutual obligations before transfer — for instance, where payment is to be made in installments — this agreement constitutes a preliminary sale agreement (satış vaadi sözleşmesi) and, under Article 706 of the Turkish Civil Code, must be executed before a notary in official form to be valid. A privately drafted preliminary agreement or reservation document, not executed before a notary, is not legally binding and provides the parties with no enforceable security. This is a point commonly overlooked in practice: buyers and sellers frequently sign such documents without notarization, only to find the agreement unenforceable, leaving the buyer unable to compel transfer or reliably recover funds already paid. A notarized preliminary sale agreement can also be annotated on the title deed (tapu şerhi) at either party's request.

5. Mandatory Earthquake Insurance (DASK)

A valid DASK (Doğal Afet Sigortaları Kurumu) policy is a statutory requirement for residential property transfers in Turkey and is requested at the time of title deed transfer.

6. Considerations Specific to Foreign Buyers

Where the buyer is a foreign national, the following should additionally be considered:

• Whether the property lies within a military prohibited or military security zone (askeri yasak bölge / askeri güvenlik bölgesi) (sale to foreign nationals is not possible in such zones); where a property lies within a special security zone (özel güvenlik bölgesi), sale remains possible but is subject to approval by the relevant provincial governorate (valilik) commission

• Area limits applicable per person and per district (30 hectares per person, and 10% of the district's privately ownable area)

• Whether the property is suitable for a citizenship application, where that is the objective

7. Property Valuation Report

Where the purchase is intended to support a citizenship application, an up-to-date valuation report (değerleme raporu) from an SPK-licensed appraisal firm is legally required. Even absent that objective, an independent valuation is advisable as a safeguard against overpayment.

The Property Acquisition Process

1. Property selection and preliminary review — application of the checks set out above.

2. Preliminary sale agreement (optional) — recommended particularly where payment is to be made in installments or a citizenship application is contemplated; it must be executed before a notary to be legally valid.

3. Land Registry Office appointment — the transfer takes place at the Land Registry Office of the property's location.

4. Sworn translator (yeminli tercüman) — legally required where a party does not speak Turkish.

5. Fees and taxes — the title deed fee (tapu harcı) is calculated and paid separately by both buyer and seller at the time of transfer.

6. Where citizenship is the objective — payment must be made in foreign currency through a Turkish bank, evidenced by a Foreign Exchange Purchase Certificate (Döviz Alım Belgesi / DAB); a three-year non-sale annotation must be placed on the title deed; and the Real Estate Investment Determination Certificate (Taşınmaz Yatırımı Tespit Belgesi) process must be completed. The current threshold is USD 400,000, whether met through a single property or multiple properties reaching that combined value.

The Role of a Lawyer in This Process

Buyers — particularly those residing abroad or unfamiliar with local procedure — commonly encounter difficulty proceeding without the appropriate legal safeguards. A real estate lawyer typically addresses:

• Due diligence: independent verification of the title deed, any mortgage, lien, or annotation, and the seller's authority.

• Contract drafting and review: preparing the preliminary sale agreement in compliance with its formal validity requirements, and reviewing related documents with regard to the buyer's legal interests.

• Representation by power of attorney: conducting the process where a party cannot be physically present.

• Preventive risk control: identifying risks such as forged powers of attorney, double sales, or undisclosed structural defects.

• Managing citizenship or residence applications (for foreign buyers): from the valuation report and DAB certificate through the title annotation to the application file itself.

• Liaison with official bodies: the Land Registry Office, the Directorate General of Population and Citizenship Affairs, and other relevant institutions.

Most of these steps are most effective when engaged before a property is selected, rather than after.

This article is for general informational purposes only and does not constitute legal advice for any specific case. Current legislation and administrative practice may vary depending on the nature of the property and the buyer's status.

Bibliography

• Turkish Civil Code No. 4721, Art. 706

• Notary Law No. 1512, Art. 44, Art. 89

• Land Registry Law No. 2644, Art. 35, Art. 36

• Regulation on the Implementation of the Turkish Citizenship Law, Art. 20

• Law No. 2565 on Military Prohibited Zones and Security Zones

• General Directorate of Land Registry and Cadastre (TKGM) Circulars: 2012/12 (1734), 2015 Special Security Zones Instruction, 2019/1 (1795), 2019/5 (1799), 2020/5 (1905)