İstanbul BarosuBar Registration No. 74199
Practice Areas
As an English-speaking real estate lawyer in Istanbul, Turkey, our office advises Turkish and foreign clients on property purchases, title disputes, and lease matters. In real estate disputes the outcome is often determined by the title registry records, the text of the contract, and technical expert examination. Title and zoning review before a transaction can therefore prevent losses that would otherwise arise.
In sales of immovable property, construction-in-return-for-flat arrangements, and lease relationships, forming the contract in compliance with formal requirements is of particular importance. Promises to sell immovable property and construction agreements give rise to validity problems where they are not executed in official form.
A real estate lawyer in Turkey typically reviews the title deed record and zoning status before any money changes hands, checks the seller's authority to sell and any power of attorney used, drafts or reviews the sale agreement, and attends or coordinates the transfer at the Land Registry. In a dispute, the role of a real estate lawyer in Istanbul shifts to title cancellation, eviction, co-ownership, or construction-contract litigation, depending on what has gone wrong.
As with other areas of practice, a real estate lawyer's fees in Turkey cannot be agreed below the minimum fee tariff (Avukatlık Asgari Ücret Tarifesi) prepared each year by the Union of Turkish Bar Associations (Arts. 164 and 168 Attorneyship Law). For a transaction, fees generally reflect the property's value and the complexity of the due diligence required; for litigation, they depend on the value in dispute and the number of hearings a case is likely to require — a specific figure can only be given once the file has been reviewed.
Once a property and a price have been agreed, the Land Registry transfer itself can often be completed within one to a few weeks, provided the tax number, DASK insurance, and any required valuation report are already in place. The timeline lengthens where a mortgage needs to be cleared from the title, where the buyer is applying for citizenship or a residence permit based on the purchase (which requires its own valuation and approval steps), or where a power of attorney needs to be issued from abroad first.
A typical purchase by a foreign buyer runs through several sequential steps: obtaining a Turkish tax identification number (available quickly from any tax office or the e-Devlet portal) and, generally, a Turkish bank account; agreeing the price and, often, paying a deposit under a preliminary sale agreement; arranging compulsory DASK earthquake insurance, without which the Land Registry will not proceed with the transfer under any circumstances; and completing the transfer itself at the Land Registry (Tapu Müdürlüğü), where both parties or their authorised representatives must appear and a sworn translator is required if the buyer does not speak Turkish. The title deed transfer duty (tapu harcı) is charged as a percentage of the declared property value, split between buyer and seller, and after the transfer the new owner still needs to register for utilities and account for the annual property tax assessed by the local municipality. A real estate lawyer in Turkey typically coordinates all of these steps on the buyer's behalf.
Because many foreign buyers and sellers cannot be present in Turkey for every step, a power of attorney executed before a notary (in Turkey) or the Turkish consulate (abroad) is routinely used to authorise a representative to sign the preliminary agreement, handle the Land Registry transfer, or both. The scope of the power of attorney should be reviewed carefully: a document drafted too narrowly can leave the representative unable to complete the very step it was meant to cover, while a poorly vetted power of attorney used by the other side is also one of the most common sources of fraud in this field. A real estate lawyer in Istanbul will typically review the power of attorney's exact wording before relying on it for a transfer.
Buying a unit before construction is complete offers a lower entry price but shifts real risk onto the buyer: the developer's payment plan, delivery date, and specification need to be fixed in a properly drafted sale agreement rather than left to marketing material, and the buyer's position if the project is delayed, undercapitalised, or never completed depends heavily on what security — a registered promise-to-sell annotation, a bank guarantee, staged payments tied to construction milestones — was actually built into the contract at the outset. Reviewing this security before signing is a core part of what a real estate lawyer in Turkey does on an off-plan purchase.
Where a consumer buys a home off-plan with advance payments, the Consumer Protection Law applies special rules. No such sale may be made before a building permit is obtained (Art. 40/3), and a pre-contract information form must be given at least one day before signing (Art. 40/2). The sale must be registered at the land registry, or the promise to sell executed before a notary; otherwise the seller cannot later rely on invalidity against the buyer, and no payment may be demanded before a valid contract exists (Art. 41). For larger projects the seller must take out completion insurance or provide equivalent security before selling, and payments under it do not fall into the seller's bankruptcy estate (Art. 42).
The home must be delivered within the agreed period and in any case within 48 months of the contract; registering the condominium easement (kat irtifakı) in the buyer's name together with handing over possession counts as delivery (Art. 44). The buyer may withdraw without reason within 14 days (Art. 43), and within 24 months against costs and a tiered compensation of up to 2%, 4%, 6% or 8% of the price depending on timing (Art. 45/1). Where the seller has failed to perform — for example by delivering late — no compensation at all is due (Art. 45/2), and the refund must be made within 180 days of the withdrawal notice reaching the seller (Art. 45/3).
Against a developer in default, the general rules of the Code of Obligations also give the buyer a choice: insist on delivery plus damages for delay, or rescind the contract, recover the payments and claim damages unless the seller proves it was not at fault (Arts. 123-125).
The largest cost is the title deed fee: buyer and seller each pay 2% of the declared price, and the base may not be lower than the property's tax value (Tariff No. 4 annexed to Law No. 492). You can estimate the amount with our title deed fee calculator. A valuation report by a licensed appraiser is mandatory for sales to foreign buyers, DASK earthquake insurance must be in place, and a sworn translator must attend the transfer if the buyer does not speak Turkish.
Declaring a lower price than was actually paid does not only create a tax problem: for property bought on or after 16 October 2023, a residence permit based on the property depends on the title-deed price reaching the equivalent of USD 200,000, so an understated price can defeat the permit application later.
Where a property's title registration is alleged to have arisen unlawfully — through a collusive transfer, fraud, lack of capacity, or a defect of official form — an action for cancellation and registration of title may be brought. If successful, the property is registered directly in the name of the true right holder by the court's judgment, without any further registry transaction being required.
The action may rest on grounds such as a collusive transfer intended to defeat heirship rights, fraud or another defect of intent in the sale, a party's lack of capacity to transact, an agent exceeding or abusing their authority, or the sale being made without observing the official form the law requires. The ground relied on must be stated clearly in the pleading and supported by evidence.
The civil court of first instance has jurisdiction over title cancellation and registration actions; venue lies exclusively with the court where the property is situated, and the parties cannot agree otherwise. Where the property spans more than one province, the competent court is determined separately for each portion.
The party alleging that the title arose unlawfully bears the burden of proving it through written documents, witness testimony, or expert examination; in an action based on a collusive transfer to defeat heirship rights, third parties who are not heirs may also be called as witnesses. Which evidence is needed depends on the specific ground for cancellation relied upon.
Determination of rent, objections to the rate of increase, recovery of leased premises on grounds of need, and eviction actions are the most common disputes in this field. The grounds for eviction are exhaustively defined by law, and different time limits and procedures apply to each.
Where the parties cannot agree on the rent, either may ask the court to determine the market rent for each new rental year separately (Art. 345 Turkish Code of Obligations). The court sets the amount by reference to comparable rents and the property's characteristics, and the figure it determines binds the parties for the new term.
The landlord may terminate the lease and seek eviction where the premises are genuinely needed for use as a residence or workplace by the landlord, their spouse, their descendants or ascendants, or other relatives specified by law (Art. 350 Turkish Code of Obligations). A property evicted on this ground may not, without just cause, be let to someone else within a statutory period.
Where the tenant has given a written commitment to vacate the premises by a specified date, the landlord may seek eviction through the enforcement office within a statutory period after that date. For the commitment to be valid, it must have been given freely, after the lease was concluded.
The Code of Obligations is specific: the commitment must be given after the premises were handed over to the tenant, and the landlord must apply to the enforcement office or sue within one month of the promised date (Art. 352/1).
For renewed rental periods, an agreed increase is valid only up to the twelve-month average change in the consumer price index for the previous rental year; if there is no agreement, the judge sets the rent within the same limit (Art. 344 Code of Obligations). For leases longer than five years, or renewed after five years, and at the end of every further five years, the judge may reset the rent by reference to the index, the condition of the property and comparable market rents. Our rent increase calculator applies the current index.
A person who buys a tenanted property and needs it as a home or workplace for themselves or close family must notify the tenant in writing within one month of acquiring it, and may then sue to end the lease six months later; alternatively, they may sue within one month after the end of the lease term (Art. 351).
Where the tenant has caused two written justified warnings for unpaid rent within one rental year, the landlord may sue to end the lease within one month after the end of that rental year or lease term (Art. 352/2). Separately, the landlord may end the lease if the tenant or their cohabiting spouse owns a home suitable for living in the same district that the landlord did not know about when the lease was signed.
A landlord who evicts a tenant on grounds of need may not, without just cause, let the property to anyone other than the former tenant for three years; the same applies to property vacated for reconstruction. A landlord who breaches this rule must pay the former tenant compensation of at least one year's rent at the last rental year's rate (Art. 355).
For most disputes arising from leases — rent determination, arrears and eviction actions among them — mediation is a precondition for filing suit, so a lawsuit filed without it is dismissed. Eviction on the basis of a commitment to vacate through the enforcement office follows its own procedure.
Where a property is held in shared or joint ownership, any co-owner may seek its dissolution from the court, even without the consent of the others. The court first assesses whether division in kind is possible; if not, the property is sold and the proceeds distributed among the co-owners in proportion to their shares.
Nationals of most countries may buy real estate in Turkey; the former requirement of reciprocity between Turkey and the buyer's home country was abolished in 2012. A handful of nationalities still face restrictions, and the rules below apply on top of the general purchase process. For a step-by-step guide with costs, see our article Buying Property in Turkey as a Foreigner.
A foreign natural person may acquire real estate and limited rights in rem up to 30 hectares nationwide, and total acquisitions by foreign natural persons in a single district may not exceed 10% of that district's total area open to private ownership. Purchases are also blocked, automatically and regardless of what the sale contract says, where the property falls within a military forbidden zone or military security zone; a purchase within a special security zone requires the governor's office's permission.
The recurring problems in this area are a title deed record that does not match what was represented, a property still carrying an undisclosed mortgage or lien, a power of attorney used by an intermediary that does not actually authorise the sale being made, and payment routed through an account or method that leaves the buyer without a clear paper trail if the transaction later falls through. A pre-purchase legal review of the title record, the seller's authority to sell, and the payment mechanism materially reduces these risks.
A property purchase can support a residence permit application, and, above a statutory investment threshold held for the required minimum period, a citizenship-by-investment application. Both routes have their own separate valuation, documentation and appraisal requirements, which are distinct from the ordinary conveyancing process and should be planned for before, not after, the purchase.
A foreign owner selling Turkish property follows broadly the same Land Registry process as a purchase, in reverse, but should plan in advance for two practical points: any outstanding mortgage or lien must be cleared or accounted for in the transfer, and moving the sale proceeds out of Turkey involves the ordinary foreign-exchange and banking documentation rather than an automatic transfer. Tax exposure on the sale depends on how long the property was held and the seller's tax residence status, and is worth reviewing before, rather than after, the sale is agreed. A real estate lawyer in Turkey can confirm both points before the sale contract is signed.
A foreign national who lets out Turkish property is subject to the same landlord obligations as a Turkish owner — a written lease compliant with the Turkish Code of Obligations, registration of the tenancy where required, and Turkish income tax on the rental income, which generally must be declared even where the owner is not otherwise resident in Turkey. Where a managing agent is used, the scope of their authority to sign leases, collect rent, or terminate a tenancy on the owner's behalf should be set out clearly in a power of attorney rather than left informal.
Where a public authority formally expropriates land for a public purpose, the owner is entitled to compensation reflecting the property's value, and may challenge the valuation before the courts if it is inadequate. Separately, where the state has taken de facto control of, or severely restricted the use of, a property without following the formal expropriation procedure — for example by building infrastructure across privately owned land — the owner may bring a de facto expropriation (kamulaştırmasız el atma) claim seeking compensation even though no formal expropriation decision was ever issued. A real estate lawyer in Turkey can assess which of these two routes applies to a given piece of land.
The Land Registry record is not always self-explanatory, a power of attorney can be forged or exceeded, and Turkish contract and property law does not always match what a foreign buyer expects from their home jurisdiction. A real estate lawyer in Turkey carrying out an independent legal review of the title, the seller's authority, and the payment mechanism, before funds are transferred rather than after a problem surfaces, is what actually prevents the recurring fraud patterns described above, rather than trusting the seller's or agent's own documentation alone.
These agreements, under which a landowner transfers the land to a contractor in return for constructed units, must be executed in official form before the land registry. Where the contractor fails to complete the work on time or in accordance with the contract, remedies include specific performance, damages for delay, or termination of the contract.
Because it carries an element of transferring real property, a construction-in-return-for-flat agreement must be executed in official form before the land registry or a notary; an agreement made in ordinary written form is invalid as a rule. Where one party has fully performed their own obligation, however, invoking the formal defect may in some circumstances be regarded as contrary to good faith.
Where the contractor fails to complete the work within the time or to the standard agreed, the landowner may seek specific performance and damages for delay; where the delay exceeds a certain period, termination of the contract may also be sought. On termination, the parties must return what they have received from one another.
Where the delivered units are found to depart from the contract or zoning regulations, or to suffer from defects in materials or workmanship, the landowner may choose free repair, a reduction in price, or, for a serious defect, rescission of the contract. The nature of the defect is generally established through expert examination.
Many flats are sold by a contractor who is building on someone else's land in return for a share of the units. If the landowner later terminates the agreement because the contractor is late (Art. 473 Code of Obligations), buyers fear losing their flat. The Grand General Assembly for the Unification of Judgments of the Court of Cassation held on 16 May 2025 (E.2024/1, K.2025/2) that a buyer who relied in good faith on the land registry remains protected unless it is shown that they knew of the problem.
Actions concerning rights in rem over immovable property — title cancellation and registration, for example — must be filed at the court of the place where the property is located, and the parties cannot agree otherwise (Art. 12 Code of Civil Procedure). A dispute over a flat in Ankara is therefore heard by the Ankara courts, wherever the owner lives.
We act in property cases in Istanbul, Ankara and other cities: a lawyer registered with a Turkish bar may appear before every court in Turkey, and filings are made through the national judicial system (UYAP). Our office itself is in Istanbul.
Readers looking for a property lawyer in Turkey will find the steps for foreign buyers in Buying Property in Turkey as a Foreigner, and property passing to heirs in Inheritance in Turkey for Foreigners.
The most common disputes in apartment and site management concern unpaid dues/shared expenses, use of common areas (the roof, lift, car park) beyond their purpose, and renovations contrary to the management plan. A unit owner who does not pay dues may be pursued through enforcement proceedings, together with default interest; breaches of the management plan may give rise to an action for restoration and injunction.
A mortgage is security registered on a property to secure a debt; if the debt is not paid, the creditor may have the property sold through enforcement proceedings to satisfy the claim. A mortgaged property can be sold, but the mortgage follows the property — if the new owner does not pay the debt, the property may again be sold through enforcement.
| Ground | Basis | Note |
|---|---|---|
| Non-payment of rent | Art. 315 Code of Obligations | Two justified warnings within one rental year are required |
| Eviction on grounds of need | Art. 350 Code of Obligations | Need of the landlord or close relatives for housing/business premises |
| Reconstruction or redevelopment | Art. 350 Code of Obligations | Necessity of substantial repair, expansion, or reconstruction |
| Written undertaking to vacate | Art. 352 Code of Obligations | Tenant's written undertaking to vacate by a specified date |
| Expiry of the ten-year extension period | Art. 347 Code of Obligations | Runs from the end of a fixed-term contract |
| Annotation | Purpose |
|---|---|
| Annotation of a promise to sell | Makes a future transfer of the property effective against third parties as well |
| Family residence annotation | Prevents the residence from being sold, or another right created over it, without the spouse's consent |
| Lease annotation | Makes the lease effective against a new owner of the property |
| Mortgage | Secures a debt against the value of the property |
| Right | Content | Basis |
|---|---|---|
| Pre-contract information form | At least one day before signing | Art. 40/2 |
| Building permit | No off-plan sale before it | Art. 40/3 |
| Form of contract | Land registry registration or notarised promise to sell | Art. 41 |
| Completion insurance | Large projects; outside the seller's bankruptcy estate | Art. 42 |
| Withdrawal without penalty | 14 days | Art. 43 |
| Latest delivery date | 48 months from the contract | Art. 44 |
| Withdrawal without reason | Up to 24 months, tiered 2/4/6/8% compensation | Art. 45/1 |
| No deduction if the seller defaults | Seller may claim nothing | Art. 45/2 |
| Refund | Within 180 days of the withdrawal notice | Art. 45/3 |
| Matter | Deadline | Basis |
|---|---|---|
| Eviction on a commitment to vacate | Within 1 month of the promised date | Code of Obligations Art. 352/1 |
| Eviction after two justified warnings | Within 1 month after the rental year or term ends | Art. 352/2 |
| Eviction for the landlord's own need | Within 1 month after the term ends | Art. 350 |
| New owner's need | Notify within 1 month of acquisition; sue after 6 months | Art. 351 |
| Re-letting ban after a need-based eviction | 3 years | Art. 355 |
| Rent reset to market level | After 5 years and every 5 years | Art. 344 |
| End of a lease without cause by the landlord | After the 10-year extension period | Art. 347 |
| Item | Who Pays | Note |
|---|---|---|
| Title deed fee | Buyer 2%, seller 2% | On the declared price, not below the tax value |
| Valuation report | Usually the buyer | Mandatory for foreign buyers |
| DASK earthquake insurance | Owner | Required for the transfer |
| Sworn translator | Buyer | If the buyer does not speak Turkish |
| Power of attorney | The absent party | Before a Turkish notary or consulate |
| Annual property tax | Owner | Assessed by the municipality |
The grounds for eviction are exhaustively set out in the legislation. The principal ones are two justified warnings for non-payment of rent, recovery of the premises on grounds of need, the necessity of reconstruction or redevelopment, a written undertaking to vacate, and the expiry of the ten-year extension period. Different time limits and procedural rules apply to each ground.
The court first assesses whether the property can be divided in kind. Where division in kind is not possible, or the parties do not seek it, partition by sale is ordered. The property is then sold at public auction through the enforcement office and the proceeds distributed among the co-owners in proportion to their shares.
The title registry record is valid until the contrary is proved, but in certain circumstances an action may be brought against it. Claims of collusive transfer, fiduciary transactions, acquisitive prescription, and non-compliance with official form are examples. The burden of proof and the applicable periods vary with the nature of the file.
The delivery period, delay penalty, and termination provisions of the contract are examined first. Depending on the circumstances, specific performance, damages for delay, or termination of the contract may be sought. Where the landowner has already transferred title, a claim for cancellation and re-registration of title may also arise.
The manager or board of management first sends the unit owner written notice of the unpaid dues; if payment is not made, enforcement proceedings may be commenced together with default interest. The Condominium Ownership Law also allows a monthly late-payment penalty of up to 5% to be applied.
Yes, a mortgaged property can be sold; however, the mortgage follows the property, meaning it is not automatically extinguished simply because the debt remains unpaid. Unless the new owner assumes the debt, the original debtor remains liable; if the debt is not paid, the creditor may have the property sold through enforcement proceedings regardless of who holds it.
No. The reciprocity requirement was abolished in 2012. Nationals of most countries can now purchase property in Turkey, subject to the ownership limits and military-zone restrictions that apply to all foreign buyers.
Yes. A foreign natural person may acquire up to 30 hectares nationwide, and total foreign ownership in any single district may not exceed 10% of that district's private-property area. Purchases in military forbidden or security zones are also automatically blocked at the Land Registry.
A title record that doesn't match what was represented, an undisclosed mortgage on the property, a power of attorney that doesn't actually cover the sale, and payment methods that leave no clear paper trail if the deal falls through. A pre-purchase legal review of the title, the seller's authority and the payment route addresses most of these.
No. A power of attorney executed before a notary in Turkey or a Turkish consulate abroad can authorise a representative to sign the sale agreement and complete the Land Registry transfer on your behalf, provided the power of attorney's scope actually covers those steps.
Yes. DASK earthquake insurance is compulsory, and the Land Registry will not complete a title transfer without a valid policy in place.
Generally yes. Rental income from Turkish property is subject to Turkish income tax and generally must be declared even if the owner is not otherwise a tax resident of Turkey.
Yes. Where a public authority has taken de facto control of or severely restricted a property without following the formal expropriation procedure, the owner may bring a de facto expropriation (kamulaştırmasız el atma) claim for compensation.
Yes. Our office guides English-speaking clients through the entire property purchase process in Turkey, from due diligence through to the Land Registry transfer.
Av. Ömer Faruk Doğan holds an IELTS score of 7, pursued graduate legal studies and research in Italy and Poland, and has experience advising international companies and foreign individuals on Turkish real estate. Clients can be advised in English as well as Turkish.
Buyer and seller each pay 2% of the declared price, and the base cannot be lower than the property's tax value (Law No. 492, Tariff 4). A valuation report, DASK insurance and, where needed, a sworn translator are additional costs.
Yes. A report by a licensed appraiser is mandatory for sales to foreign buyers.
For property bought on or after 16 October 2023, the title-deed price must be at least the equivalent of USD 200,000 in every province, at the Central Bank rate on the purchase date, and the property must be used as a home.
The agreed period, and in any case no more than 48 months from the contract (Art. 44 Law No. 6502). Registration of the condominium easement in your name together with handover of possession counts as delivery.
Within 14 days without any penalty; within 24 months against costs and a tiered compensation of up to 2-8% of the price. If the seller has failed to perform, for example by delivering late, the seller may claim nothing, and the refund is due within 180 days of your notice (Arts. 43 and 45 Law No. 6502).
You can give a reasonable period by formal notice, then either insist on delivery with damages for delay, or rescind, recover your payments and claim damages unless the developer proves it was not at fault (Arts. 123-125 Code of Obligations).
Not if you relied on the land registry in good faith: under the Court of Cassation's unification decision of 16 May 2025 (E.2024/1, K.2025/2), such a buyer remains protected unless it is shown they knew of the problem.
For renewed periods, up to the twelve-month average change in the consumer price index for the previous rental year (Art. 344 Code of Obligations). After five years, a court can reset the rent to market level.
Yes, but they must notify you in writing within one month of buying and can only sue six months later, or sue within one month after the lease term ends (Art. 351).
It must be given after the premises are handed over to you; the landlord must then act within one month of the promised date (Art. 352/1). A commitment signed together with the lease on the same day is frequently challenged for this reason.
Without just cause, the landlord may not let it to anyone else for three years; if they do, they owe you compensation of at least one year's rent at the last year's rate (Art. 355).
For most lease disputes — rent determination, arrears and eviction actions among them — yes; mediation is a precondition for filing suit.
Actions over rights in rem, such as title cancellation, must be filed at the court where the property is located (Art. 12 Code of Civil Procedure). A dispute over property in Ankara is heard in Ankara.
Yes. A lawyer registered with a Turkish bar may appear before every Turkish court, and we act in Istanbul, Ankara and other cities through UYAP. Our office is in Istanbul.
Declaring a lower price creates tax exposure and can also defeat a property-based residence permit, which depends on the title-deed price reaching USD 200,000 for purchases since 16 October 2023.
No. An off-plan sale to consumers is not allowed before the building permit is obtained (Art. 40/3 Law No. 6502).
Yes. Ownership disputes are heard where the property is located (Article 12 of the Code of Civil Procedure), so before the Ankara courts. A lawyer registered with a Turkish bar can appear before all courts, so a property lawyer in Istanbul or a property lawyer in Ankara can follow the case.
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