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    Turkish Citizenship Through Real Estate Investment

    Turkish Citizenship Through Real Estate Investment

    Dear visitor, welcome to our Turkish Citizenship Through Real Estate Investment page. On this page, we will give you important information about acquiring Turkish citizenship by acquiring real estate.

    Foreign nationals who do not work in Turkey, but will invest in the scope and amounts determined according to the Presidential decision, and their spouses and children under the age of 18 can earn Turkish Citizenship exceptionally. With the latest regulations made in 2018, foreign nationals who buy a real estate (such as a house or workplace) worth at least $ 250,000 (USD / US Dollar), and their spouse and children under 18 years of age have been granted the right to apply for Turkish Citizenship exceptionally. As a result of making the necessary investment and collecting the relevant documents, an application for Turkish Citizenship through Real Estate Investment is made to the General Directorate of Population and Citizenship Affairs affiliated to the Turkish Ministry of Internal Affairs.

    In the rest of our article, we will share with you some details of this long and complex process that must be communicated with an expert. First of all, let’s examine the issue of Turkish citizenship by buying a house in general. For Turkish Citizenship with buying immovable property, firstly, a real estate worth 250.000 Dollars (USD / US Dollars) or Turkish Lira equivalent of a different foreign currency should be registered with the title deed, provided that an annotation is put on the condition that it cannot be sold for 3 years. The contract to be issued by the notary public after the foreign national purchases, establishes a floor ownership or floor servitude and pays at least 250,000 USD (USD / US Dollar) or Turkish Lira equivalent of a different foreign currency in cash, it must be guaranteed that the property cannot be transferred or abandoned for at least 3 (three) years. Its annotation to the land registry is determined by the Ministry of Environment & Urbanization. The terms and limitations of Turkish Citizenship through Real Estate Investment are as follows.

    Required Conditions…

    Before the amendment made with the Presidential Decree published in the Official Gazette on December 7, 2018, foreign nationals were only purchasing completed real estates, which had been given condominium. With the change made, foreign nationals can also purchase from ongoing projects and apply for Turkish citizenship, provided that they meet the following conditions:

    • A construction servitude or ownership must have been established on the immovable.
    • A minimum of 250,000 Dollars (USD / American Dollars) or the Turkish Lira equivalent of a different currency type must be deposited in advance.
    • A notarized sales promise contract must be made for the immovable property. In addition, this contract should be annotated to the land registry with a commitment that deeds cannot be abandoned and transferred to another person for a period of 3 (three) years.

    In order to better understand the change mentioned above, it is necessary to explain the concepts of construction servitude and ownership in the Law of the Republic of Turkey:

    • Flat ownership, the property right established for the buildings whose construction process has been completed and the necessary settlement certificate has been obtained.
    • Construction servitude is defined as the property right of a building whose construction process has not yet been completed. The floor easement depends on the land share and is converted to floor ownership in accordance with the conditions based on the building use permit to be issued for the entire building.

    The ownership and settlement issues regarding Turkish Citizenship through Real Estate Investment are as follows:

    Floor Ownership and Settlement …

    After the completion of a building with construction servitude, an audit application is made by the contractor to the relevant municipality for project compliance. Relevant units within the municipality inspect the construction and check compliance with the approved project. After the completion of the inspection, if the construction has been completed in accordance with the project, the municipality issues a “Building Occupancy Permit” or “resettlement” to the building in question.

    In this context, there are disadvantages of buying a property with construction servitude. After receiving the title deed with construction servitude, the building may be completed by the contractor in violation of the project approved by the relevant municipality. In such a case, the building constructed against the approved project may be demolished by the decision of the municipality or the administrative board of the province or by the governorship. For different reasons, it is also possible to encounter consequences such as the other right holders making a demolition decision about the house. In addition, banks are looking for the condition of building permits for apartments with floor servitude while giving loans to their customers. For all these reasons, buying a house for which the occupancy permit has not been obtained, even though the flat in question was built in accordance with the project, carries some risk in any case. To sum up, the condominium deed is a more solid legal basis. Therefore, it is necessary to examine potential risks before purchasing a property. In the rest of our article, you can review the procedures and principles on Turkish Citizenship Through Real Estate Investment.

    Procedures & Principles …

    The procedures and principles regarding the purchase of real estate are determined by the circulars published by the Land Registry & Cadastre Directorate, Foreign Affairs Department and the Ministry of Environment & Urbanization over time. In this context, you can examine the current 2021 procedures and principles applied in the land registry offices below:

    1-) Legal Basis

    3 amendments were made to the regulation between 2017 and 2018, accordingly:

    • Properties purchased between January 2017 and September 2019 must have a minimum value of $ 1,000,000 (US Dollar).
    • In order to qualify for Turkish Citizenship through Real Estate Investment, the value of immovables purchased after September 2019 must be a minimum of $ 250,000 (USD / US Dollar).

    2-) Legal Restriction

    The Republic of Turkey has allowed citizens of 185 countries in total to purchase immovable properties and apply for Turkish Citizenship through Real Estate Investment, provided that they comply with the following legal limits:

    • Foreign nationals can acquire immovable up to ten percent (10%) of the area of a district. When deemed necessary, the Council of Ministers is authorized to double this limit (20%).
    • Foreign nationals can purchase a maximum of 30 hectares (300,000 square meters) of real estate throughout the Republic of Turkey. If deemed necessary, the Council of Ministers is authorized to double this limit (60 hectares).
    • These immovables should not be located in the military and prohibited zone.

    3-) Immovable Property

    • Foreign nationals can purchase all kinds of immovables in the Republic of Turkey such as housing, land, field, workplace, provided that they comply with the above legal limits. However, if the foreigner plans to buy a land or field, he / she has to submit the project related to this region to the relevant ministry within 2 years. The authorized institutions here are the Provincial Directorate of Agriculture and the municipality.
    • The sales promise agreements to be made at the notary are only possible for real estates with floor easement & floor ownership.
    • The real estate to be purchased should not be registered in the land registry on behalf of the foreign national person or the legal entity of the company of which this person is a partner.

    4-) Number of Immovables

    There is no limit to the number of real estate to be purchased. If the foreign national buys more than one property at the same time or at different times, the total value of these properties must be a minimum of 250,000 Dollars (US Dollars). In addition, the fact that all these immovables have a three-year annotation of not being sold should be applied in the same way.

    5-) Immovable Value Determination

    At the point of appraisal of the purchased real estate, the following three types of values should be calculated separately. It must meet the value of $ 1,000,000 (US Dollar) or $ 250,000 (USD) in the regulation.

    • Sum of appraisal report values
    • The price of the sale declared in the official deed and / or the sum of the value determined in the promise of the sale.
    • The total payment on the bank receipt showing the transfers of the relevant amount.

    Before the real estate is purchased, a property valuation report showing the market value of the property must be prepared by the authorized real estate appraisal institutions by the CMB (stands for Capital Markets Board) and BRSA (stands for Banking Regulation and Supervision Agency). The issuance date of the report to be submitted during the application can be up to 3 months before the application date. This report is considered valid until the entire transaction is completed. If the valuation report is not received before the purchase, a valuation report to be prepared based on the purchase date of the property is requested. Note and report value harmony is not required. It is sufficient for both of them to provide a value of $ 250,000 (USD) separately. In case of purchasing a completed property, the finished value of the building should be found and calculated in the report in question.

    6-) Payment

    With the circular published in 2018, it has been made mandatory to submit a receipt for all transactions. For this reason, the sales transaction made must be carried out through banks. A bank-certified receipt indicating that the relevant amount has been deposited by the buyer into the seller’s account is presented during the application. The date of the receipt may also be after the date of sale specified in the sales transaction. However, the point to be considered; in the promise to sell, the receipt date must be before the notary issuing of the contract or the day of the contract at the latest. The payment receipt made after the arrangement in the notary public is invalid because it cannot be regarded as a cash payment.

    7-) Determination of Exchange Rates

    • Bank Receipt Rate: If the value of the immovable property is paid in Turkish Lira (TL), the effective selling rate of the Central Bank of the Republic of Turkey (CBRT) of the last working day before each payment day is taken as basis in the calculation of the value of the bank receipt in USD.
    • Official Bill of Exchange: In the process of calculating the value of the official bill or the equivalent of the TL (Turkish Lira) value specified in the sales contract in USD, the business day (last working day) before the sales transaction application is made or the sales promise agreement to be issued in the notary public. The effective selling rate of the Central Bank of the Republic of Turkey (CBRT) is taken as the basis. If the applicant is submitting more than one receipt for different dates, the exchange rate difference problem may occur. In such a case, the effective selling rate of the Central Bank of the Republic of Turkey (CBRT) of the last working day before the payment is taken as basis, and the dollar (USD ) value of the TL (Turkish Lira) value determined in the sales contract is calculated. The sum of these values should not be less than the amount sought in the regulation (1,000,000 before 2018 or 250,000 USD after 2018).
    • Valuation Report Rate: In this report, the effective selling rate of the Central Bank of the Republic of Turkey (CBRT) on the working day (last working day) before the report date is used in the calculation of the TL (Turkish Lira) value of the property in USD (USD). If the property valuation report is issued after the sale transaction is made, the effective selling rate of the Central Bank of the Republic of Turkey (CBRT) of the working day (last business day) before the date of application for the sale transaction is taken as basis.

    😎 Mortgage & Foreclosure

    It is also possible to make sales with a foreclosure or with the existing mortgage in a sales promise or sale transaction. In the determination of the value of the immovable by the mortgage / sale method, the remaining amount after deducting the related loan amounts from the sales price is required to be (at least) the amount sought in the regulation.

    9-) Sales in Installments

    With the new regulations introduced in recent years, if the property is purchased after 2018 and the installments are to be paid after this date, it has become possible to purchase in installments. However, installment payments before 2018 are not taken into account. The total of the installments in Dollars (USD) is calculated by taking into account the effective selling rate of the Central Bank of the Republic of Turkey (CBRT) on the date of the transaction.

    10-) The Procedure Of Putting An Annotation On Not Being Sold For Three Years

    To the registry of the property subject to the promise of sale and / or the sale transaction specification is made; “There is a commitment that it will not be sold for a period of three (3) years from the date of annotation and / or the promise to sell contract will not be transferred or canceled for a period of three (3) years from the date of annotation within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law”.

    In the continuation of our article, you can review the necessary documents regarding the title deed acquisition before the Turkish Citizenship application through Real Estate Investment.

    Required Documents…

    • A valid passport and a notarized Turkish translation of this passport
    • Biometric Photograph: 4 (four) pieces, must be in color, suitable for the passport and up-to-date.
    • Notarized sales promise contract or official deed for the sale transaction
    • Property valuation report
    • A document showing that the said amount has been deposited by the buyer or persons affiliated with the buyer to the account of the seller or the persons affiliated with the seller. A bank receipt certified (EFT, Money Order or receipt with blocked check).
    • The procedure of putting an annotation on the property from the relevant land registry office stating that it cannot be sold for 3 (three) years.

    All applications are evaluated by the Land Registry and the Department of Foreign Affairs affiliated to the Cadastre Directorate, together with the Ministry of Environment & Urbanization. Applications without any problems or deficiencies are finalized within 7 (seven) business days.

    What Foreign Nationals Who Want to Acquire Real Estate in Turkey Should Know

    • Acquisition of property title deeds in Turkey is approved only through registration to be made at the land registry offices.
    • The preliminary contract for real estate drawn up by notaries or to be made in writing with real persons does not constitute alone for the transfer of real estate. Preliminary contracts only serve as a commitment to the transfer of ownership and the property in question does not change hands through such documents.
    • Mortgages, liens and similar types of encumbrances that may prevent the sale on the property in question. There may be obligations such as. These must be checked at the relevant land registry office before the sales process is initiated.
    • Inquiries about immovables can be made online through some systems provided by the state. Here, district, province, neighborhood or village, map and parcel information are used to query the property. Thus, all basic information about real estate, including the current status of the property, can be accessed online from anywhere in the world. However, the personal information of the owner cannot be accessed. Inforeigner experts will use these systems on your behalf to provide you with the necessary information.
    • When foreign country citizens want to acquire real estate in Turkey, they must have a residence permit as a prerequisite. In addition, a renewable short-term residence permit is also given to foreign nationals who buy property in Turkey in accordance with the Foreigners and International Protection Law No. 6458. Please note, the type of residence permit required to buy the property is short-term residence, while the type of residence permit that can be obtained after purchasing the property is a residence permit on the property.
    • A natural or legal person who intends to acquire a property in Turkey should apply to the General Directorate of Land Registry and Cadastre together with the owner of the property. Inforeigner experts will support you during the appointment and application stages.
    • In addition, Turkish companies with foreign capital must first make an application to IPKM (Planning and Coordination Directorate) at the governorship where the real estate is located. After receiving a positive response from the Planning and Coordination Directorate, an application is made to the Land Registry Directorate. These companies can apply in person, by e-mail or by post.

    Foreign national real and legal persons apply to the Land Registry Directorate, while companies with foreign capital apply to the Governorate where the property is located.

    General Information

    Regarding Turkish Citizenship Through Real Estate Investment, the concept of “foreigner” in the Republic of Turkey is defined in three categories in terms of real estate acquisition:

    • Foreign national real person or persons
    • Foreign legal person or persons
    • Foreign capital Turkish companies

    Article 35 of the Land Registry Law No. 2644 specifies the provisions on property acquisition by foreign real or legal persons. In the 36th article here, provisions on companies with foreign capital are stated.

    Countries whose citizens have the right to acquire real estate from Turkey are determined by the Council of Ministers. The Council of Ministers may also apply some special conditions related to real estate acquisition, if it deems necessary.

    Legal Limits in Acquisition of Real Estate by Foreign Real Persons

    • If permitted, a foreign real person can acquire all kinds of real estate in areas where private property is permitted. These are residential, commercial, agricultural land, barren land, etc.
    • If there is no pre-built building on the acquired property, the foreign owner of the property has 2 (two) years to develop a project for this property. An application must be made to the relevant public administration within 2 years.
    • A foreign real person can acquire real rights limited to real estate up to 30 hectares anywhere in Turkey. The Council of Ministers may give larger areas to the person by making special arrangements if it deems appropriate.
    • A foreign natural person cannot acquire or rent property in prohibited military zones or military security zones. These people can only buy or rent real estate in areas belonging to private security with the special permission of the governorship.
    • The total property acquisition by a foreign real person cannot exceed 10% (ten percent) of the total provincial area allowed for private ownership. If the ten percent limit is exceeded, foreign nationals are not allowed to acquire real estate.

    Foreign Legal Persons’ Acquisition of Real Estate and Limited Real Rights

    Commercial companies that are established only in accordance with the laws of their own countries and have a legal personality in Turkey can acquire real rights limited to real estate as foreign legal entities. Legal entities other than such commercial companies (such as foundations, associations, etc) cannot acquire real estate and real rights.

    Real estate acquisition by commercial companies established in foreign countries on the basis of the laws of their own countries and having a legal personality is only allowed in exceptional cases. However, it is only possible if stipulated by the provisions of international agreements or special laws. Among the special laws that include provisions on this subject are the Turkish Petroleum Law No. 6491, the Tourism Encouragement Law No. 2634 and the Industrial Zones Law No. 4737.

    Important Note: Regarding mortgages, an exception is foreseen if there is no restriction on mortgages to be created on the property in favor of foreign real or legal persons.

    Real Estate and Limited Real Rights Acquisition of Foreign Capital Companies

    Companies established as a legal entity in Turkey are considered within the category of foreign-owned companies in accordance with the following conditions:

    • Foreign investors own fifty percent or more of the shares.
    • Foreign investors have the right to appoint and dismiss the majority of the board of directors.

    These companies can acquire real estate and limited real rights in order to carry out the activities specified in their articles of association. For this purpose, companies must first apply to the governorship where the immovable property is located. On the other hand, if the real estate planned to be acquired is located within a prohibited military zone or a military security zone, the acquisition of the relevant real estate will be subject to the permission of the General Staff. If the immovable is located in a private security zone, the immovable property will be subject to the permission of the governorship in the relevant region. If the property acquisition application is concluded in a positive way, the governorship will inform the company or business and the Land Registry Directorate in order to register the title deed.

    The following procedures do not require permission from the governorship. For this reason, the application to the Land Registry Directorate can be made directly without permission:

    • Mortgage creation process.
    • Property acquisition as part of the collection of a mortgage by the beneficiary of a mortgage.
    • Transfer of property ownership and limited real rights due to company mergers or separations.
    • Real estate acquisition process in organized industrial zone, industrial zone, technology development zone and free zone.
    • Acquisition arising from transactions that are accepted as loans within the framework of the relevant banking regulations or accrued for the purpose of collecting receivables.

    Inheritance

    Inheritance rights of foreigners are protected in Turkey. In the event of the death of a foreign national, the property or properties owned by him pass to his/her heirs. The inheritor must have the right to acquire the real estate. In other words, the heir must be suitable in terms of nationality and the conditions for limiting the total acquisition per person and throughout the country must also be within the permitted limits. In this case, the heir can keep the inherited property. Otherwise, the relevant person must immediately transfer the real estate in question. If not transferred, the Ministry of Treasury and Finance sells the real estate in question and pays the price to the heir.

    Turkish Citizenship Right with Real Estate Purchase

    Foreign nationals are given the right to apply for Turkish citizenship through exceptional procedures if they purchase real estate worth 250,000 USD or more in the Republic of Turkey. (In addition to the subject, check our Turkish Citizenship with Exceptional Methods page.)

    For this purpose, foreign nationals who want to gain Turkish Citizenship through Real Estate Investment;

    • Must purchase a real estate worth at least $ 250,000 (USD).
    • In the application for citizenship acquisition, it should be indicated that the real estate has been purchased for this reason, this purpose should be specified in the title deed and the foreign person must also declare that he/she will not sell the real estate for 3 (three) years in the part where the declarations are made in the form.

    After the title deed procedures are completed, the foreign national person applies to the relevant authorities and sends the certificate of conformity to be issued for the real estate owner and can request residence permit or citizenship.

    Deed Procedures

    • Title deed record of the real estate or village or neighborhood, plot, building, parcel and independent section information.
    • A photo ID or passport issued by the country where the foreign national is a citizen (notarized and sworn translations of ID cards or passports issued in alphabets other than the Latin alphabet must also be submitted.)
    • If the transaction to be carried out includes a power of attorney, documents regarding the representation (such as a decision on guardianship, authorization certificate or power of attorney, etc.)
    • Document on the current market value of the property, issued by the relevant municipality.
    • Compulsory earthquake insurance policy for buildings.
    • One photo of the seller and two photos of the buyer (Photos must have been taken in the last six months and are 6 x 4 cm in size).
    • If one of the parties does not know the Turkish language, a sworn translator is required.

    Power of Attorney Issued Abroad

    In case the transaction is carried out by a third party authorized by a power of attorney issued abroad, the power of attorney must include the authorization regarding the procedure to be applied. In addition, the power of attorney must meet the following conditions:

    • It must have been arranged by the Turkish consulates on real estate according to their own will.
    • It must have been issued by the competent authorities that have the right to issue a power of attorney abroad.
    • It should be arranged in the language of the country where it is arranged.
    • It should contain photographs. Also, the photo must have a legible seal and signature on it.
    • It must contain apostille if it is arranged in a country that is a party to the Hague Agreement.
    • In case the power of attorney is issued in a country that is not a member of The Hague Agreement, the signature and seal of the relevant authority must be approved by the Turkish Consulate.

    In addition, the sworn and notarized Turkish translation of the power of attorney meeting the required criteria must be included in the application.

    Exceptional Citizenship Acquisition

    Along with subparagraph (b) added to clause 1 (first) of article 12 of the Turkish Citizenship Law numbered 5901 on 28 July 2016;

    • Those who invest in the scope and amounts determined by the President of the Republic and receive a residence permit in accordance with subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection No. 6458
    • Turquoise Card holders

    With the decision of the President of the Republic of Turkey, Turkish citizenship can be acquired.

    According to the new regulations published in the Official Gazette dated September 18, 2018, the specified scope and amounts are stated below and foreign nationals who meet any of these conditions can acquire Turkish citizenship with the decision of the President of the Republic of Turkey.

    Citizenship Acquisition Conditions …

    • It has been determined by the Ministry of Industry and Technology that it has made a fixed capital investment of at least $ 500,000 (USD) or another foreign currency equivalent or equivalent in Turkish lira.
    • The fact that he / she has purchased at least 250.000 Dollars (USD) or another foreign currency equivalent to this or a Turkish lira equivalent of an immovable property on the condition that a three (3) year annotation is not sold to the land registry, has been detected
    • The fact that it has created an employment of at least 50 people, which has been determined by the Ministry of Family, Labor and Social Services.
    • Banking Regulation and Banking Regulation and Determined by the Supervisory Authority.
    • The fact that he/she has purchased at least $ 500,000 (USD) or another foreign currency equivalent or a Turkish lira equivalent government debt instrument for three (3) years, which has been determined by the Ministry of Treasury and Finance.
    • A real estate investment fund participation share of at least $ 500,000 (USD) or another equivalent in foreign currency or equivalent in Turkish lira or the fact that the venture capital investment fund participation share has been determined by the Capital Markets Board, provided that they hold it for at least three (3) years.

    Dear visitor, you can reach us at 0212 706 84 17 or any other contact information and get support from our experts for the acquisition of citizenship, marriage transactions and deport transactions of foreigners as well as for Turkey visa, Turkey e-visa (electronic visa), short-term residence (residence permit), indefinite (long-term) residence permit, family or student residence permit, permanent – indefinite work permit, Turkish Citizenship through Real Estate Investment.