Real Estate Law

Scope of the Practice

Real Estate Law (Gayrimenkul Hukuku) at Turak Law covers the full life of a Turkish property from acquisition through disposition. Title transfer (Tapu Devri) is executed at the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü — TKGM) under Land Registry Law No. 2644. Foreign-buyer transactions require Foreign Currency Purchase Certificate (Döviz Alım Belgesi — DAB) per TCMB Sermaye Hareketleri Genelgesi Article 13 (in force since January 24, 2022). Due diligence, lease structuring, construction contracts, and tenant matters comprise the recurring book of work alongside transactional closings.

The CBI client base is the practice's anchor — every USD 400,000-plus property acquired under the W02 pathway is handled within this pillar. The work then extends to post-citizenship matters: rental representation through the three-year holding period, exit-stage sale negotiations after the Tapu Şerhi annotation lifts at Month 36, intra-family transfers, and disputes that arise where they will. The pillar also serves clients with Turkish property outside the CBI context — second homes, rental portfolios, commercial premises.

Specific Services

• Title transfer (Tapu Devri). Execution at TKGM Tapu Müdürlüğü under Power of Attorney; foreign-buyer DAB coordination; CBI three-year annotation (Tapu Şerhi) registration.
• Legal due diligence (Hukuki Durum Tespiti). Title records, encumbrances, zoning under Zoning Law No. 3194, building permit (Yapı Ruhsatı) and occupancy permit (İskân) review.
• Property valuation coordination. SPK-licensed appraiser engagement (SPK Eksper Raporu) under Capital Markets Law No. 6362.
• Purchase and sale agreement negotiation. Pre-sale contract drafting, deposit terms, contingency structuring under Code of Obligations No. 6098.
• Lease agreement drafting and rental representation. Tenant due diligence, certified Turkish lease translation, rental income tax coordination.
• Construction and development contract review. Builder agreements, payment schedules, delivery and quality undertakings, dispute mechanisms.
• Real estate dispute resolution. Possession claims, eviction proceedings, neighbour disputes, construction defect claims, condominium matters under Condominium Law No. 634.
• Inheritance and intra-family property transfer. Heir certification, partition, donation, foreign-heir representation in Turkish probate.

Statutory Authority

Cross-Border Considerations

Foreign nationals face statutory and procedural specificities at every stage of a Turkish property transaction. Land Registry Law Article 35 restricts foreign acquisition by reciprocity and military-zone designations — the firm conducts a pre-transaction check on both. The DAB requirement under TCMB Article 13 means foreign currency must arrive at a Turkish bank and convert at the Central Bank rate before Tapu transfer can proceed; the timing window between DAB issuance and Tapu execution is operationally tight. Value-added tax exemption under Article 13/i of VAT Law No. 3065 (KDV İstisnası — Madde 13/i) requires that at least 50% of the purchase price arrive in foreign currency before the invoice date. Apostilles, sworn translations, and Turkish notarization are required on foreign-buyer identity and authority documents.