Property Purchase by Foreigners in Turkey: Title Deed Law Article 35 Limits, Military Zone Permits and Foreign-Owned Companies

In Kuşadası, Didim and Çeşme the most frequent question from foreign buyers is: can a foreign national acquire unlimited property in Turkey? No. Article 35 of the Title Deed Law (No. 2644) sets statutory limits on the amount and location of property foreign individuals may acquire, and Article 36 regulates acquisition by foreign-owned companies established in Turkey.

This guide explains those limits, military and security zone permits, the project duty on undeveloped land and the company route. It is general information; before a concrete purchase, the property's status must be verified with the land registry and the relevant authorities. For residency and citizenship aspects see our citizenship by investment guide.

1. The Basic Rule: Foreign Individuals May Acquire Property, Within Limits

Under Article 35/1 of the Title Deed Law No. 2644, subject to statutory restrictions, foreign individuals who are citizens of countries determined by the President, in view of international bilateral relations and where national interest requires, may acquire immovable property and limited real rights in Turkey. The right of acquisition therefore depends on a framework determined by nationality; the current list should be confirmed before purchase.

The law also empowers the President, where national interest requires, to determine, restrict, partly or fully suspend or prohibit acquisition by foreigners by country, person, region, duration, number, ratio, type, quality, area and amount (Art. 35/3). Rules in force today can therefore change, so current legislation must be checked before deciding to buy.

2. The Quantity Limit: 10% of the District, 30 Hectares per Person

The total area of property and independent and permanent limited real rights acquired by foreign individuals may not exceed ten percent of the privately owned area of the district and thirty hectares per person nationwide. The President may increase the per-person amount up to twice (Art. 35/2).

Both limits apply together. Thirty hectares may sound large for an apartment, but it arises quickly for land, orchard and field purchases. If the total area acquired by foreigners in a district is close to 10%, the land registry may refuse a new transfer; this should be checked in small districts and tourist regions.

3. Military Prohibited Zones, Security Zones and Strategic Areas

Article 35 provides that maps and coordinates of military prohibited zones, military security zones and strategic areas are determined by the Ministry of National Defence, and special security zones by the competent authorities. Before purchase you must always check whether the property falls into these areas, because acquisition there may require a permit or may not be possible.

For foreign-owned Turkish companies Article 36 has a specific rule: subject to Law No. 2565 on Military Prohibited Zones and Security Zones, acquisition in military prohibited zones and military security zones requires the permission of the General Staff or the commands it authorises, and acquisition in special security zones requires the permission of the governorship where the property is located. The assessment is based on the compatibility of the acquisition with national security.

Practical result: before signing the sale contract, obtain written confirmation of the property's zone status from the land registry and, where needed, from the relevant military authorities. A deposit paid without this check may later cause refund disputes.

4. Buying Undeveloped Land: A Project Within Two Years

Foreign individuals and commercial companies established under foreign law must submit the project they will develop on undeveloped property they purchase to the relevant Ministry for approval within two years. The project approved with start and completion periods is annotated in the declarations section of the land register; the Ministry monitors whether it is completed in time (Art. 35).

This is critical for land investors. The project duty, which does not apply to a finished apartment, applies to a vacant plot. Because the consequences of non-compliance depend on the specific legislation and Ministry practice, take advice from a real estate lawyer before buying land.

5. Acquisition Through a Foreign-Owned Turkish Company (Article 36)

Under Article 36/1, companies established in Turkey in which foreign individuals, legal entities established under foreign law and international organisations hold fifty percent or more of the shares, or have the power to appoint or dismiss a majority of the managers, may acquire and use immovable property and limited real rights to carry out the activities stated in their articles of association. This applies except for persons covered by Article 28 of the Turkish Citizenship Law No. 5901.

The same principles apply to indirect shareholdings and share transfers where the foreign investor's ultimate ownership of the company reaches 50% or more (Art. 36/2). Foreign-capital companies outside this scope may acquire property under the rules applicable to domestic-capital companies (Art. 36/4).

Note: the activity stated in the articles of association must match the intended use of the property. Forming a company to buy a home brings additional tax and accounting duties and is often not the most suitable solution.

6. Why Is Buying in Someone Else's Name Risky?

Foreign buyers sometimes have the property registered in the name of a trusted Turkish citizen to avoid the limits. This risks circumventing the purpose of the law and weakens the buyer on proof: if you claim to be the real owner while the registered owner is another person, you must prove it with written evidence. Evidence such as recordings made without consent may also be inadmissible in court.

The safe route is to buy in your own name, within the statutory limits, through notarial and land registry procedures; if the limits are exceeded, discuss lawful alternatives such as a company structure with a lawyer.

7. Purchase Checklist

• Nationality and right of acquisition: confirm that your nationality is covered under the countries determined by the President.
• Zone status: verify with the land registry and the relevant authorities that the property is not in a military prohibited zone, security zone or strategic area.
• Quantity limit: make sure your total with existing properties does not exceed thirty hectares or the district limit.
• Nature of the property: if undeveloped land, factor in the two-year project duty.
• Land register: examine encumbrances (mortgage, attachment, annotations), zoning status and occupancy permit.
• Contract and payment: make the sale promise agreement and payments documented via bank; see immovable sale promise agreements and the land register annotation.
• Taxes and fees: the title deed fee is 2% of the sale price charged to the buyer and 2% to the seller separately (4% in total) under Fees Law No. 492, tariff no. 4; in practice the parties may agree that the buyer bears it. Ask the land registry for the current fixed service fee.

Frequently Asked Questions

For property purchases, title deed and contract procedures for foreign clients, see our Real Estate Law page, or request an appointment via our Contact page.