Real Estate Law

Many property disputes could have been avoided with a check before the purchase. A mortgage or attachment on the title deed, a building without an occupancy permit, a "title deed" that is really a share of a plot: once the price has been paid, fixing these usually means going to court. The other main part of this practice area is leases: rent increases, unpaid rent and eviction.

Scope of work

• Pre-purchase review. Annotations, mortgages and attachments on the title deed, zoning status, the occupancy permit (iskan), and whether the property is under condominium ownership (kat mülkiyeti) or only construction servitude (kat irtifakı).

• Sale and pre-sale contracts. Ownership passes only through the official sale at the land registry. A promise to sell (satış vaadi sözleşmesi) must be drawn up by a notary. A private contract signed at a developer's office does not give you a right to demand the title deed.

• Property purchases by foreigners. Which properties foreigners can buy, the valuation report, and purchases made for citizenship by investment.

• Rent increases and rent determination. For residential leases, the increase cannot exceed the 12-month average of the consumer price index (Turkish Code of Obligations, art. 344). Once a lease has run for five years, a rent determination case can bring the rent to market level.

• Eviction. On grounds of unpaid rent, two justified notices, a written eviction undertaking, the landlord's own need, or the end of the ten-year extension period.

• Co-ownership and title disputes. Division of co-owned property, pre-emption rights (şufa), cancellation of title and registration, and compensation for unauthorised use (ecrimisil).

• Family home annotation. Registering the annotation so the property cannot be sold or mortgaged without the spouse's consent (Turkish Civil Code, art. 194).

Can foreigners buy property in Turkey?

Yes, citizens of most countries can. The limits are set out in art. 35 of the Land Registry Law. A foreign individual can own up to 30 hectares in total across Turkey, and foreign-owned land cannot exceed 10% of a district's area. Military and security zones require permission. For sales to foreigners, a valuation report from a licensed appraisal company is mandatory.

What happens if the tenant stops paying rent?

There are two main routes. The landlord can start enforcement proceedings with a request for eviction. If the rent is not paid within the given period, eviction can be requested from the enforcement court. Alternatively, if the tenant gives cause for two written notices within one lease year, the landlord can file for eviction within one month after that lease year ends (Turkish Code of Obligations, art. 352/2). For most lease disputes, mediation is mandatory before a case can be filed.

Frequently asked questions

Is a contract signed at the developer's office enough?

No. A promise to sell property that was not drawn up by a notary is invalid and does not entitle you to the title deed. In that situation you can usually only reclaim what you paid.

How much can rent be increased?

For residential leases, by no more than the 12-month average change in the consumer price index. After five years, the court can set the rent by reference to comparable properties.

Can I buy property without coming to Turkey?

Yes. The sale can be completed at the land registry by your representative with a power of attorney that includes specific authority. You can give it at a Turkish consulate, or before a notary abroad with an apostille and a sworn translation.