Comprehensive Guide to Foreigners and Real Estate Law
Overview of the Turkey and Alanya Real Estate Market in 2026
Within the borders of the Republic of Turkey, particularly in the Antalya/Alanya region—one of the Mediterranean's most prominent investment hubs—real estate acquisition by foreigners has undergone a radical and highly strict legal transformation as of 2026. The real estate market, which was relatively flexible and subject to less supervision in previous years, has now been integrated into a sophisticated legal system built entirely upon transparency, strict supervision, and absolute legal compliance according to current legislation. The strategic decisions of the Republic of Turkey to qualify foreign investments, balance regional demographic densities, and formalize the tourism sector have directly impacted real estate acquisition processes.
As a result of this structural transformation, purchasing real estate in areas heavily favored by foreign investors, such as Alanya, has ceased to be a mere commercial transaction; it has become a complex legal operation at the intersection of immigration law, tax law, property law, and administrative law. The processes for foreign investors to obtain a Residence Permit (Residency) or Turkish Citizenship (Citizenship) have been tied to strict preconditions, such as increased minimum financial limits for investments, mandatory valuation reports, foreign exchange purchase certificates, and neighborhood-based demographic quotas.
Therefore, for a foreigner planning to invest in real estate in Alanya in 2026, working with a senior Turkish lawyer specializing in Foreigners and Real Estate Law is not an option, but an absolute necessity in order to prevent irreversible financial and legal losses. Real estate agents or brokerage firms do not have the authority or competence to provide legal consultancy. Only an independent lawyer who adheres to ethical values and has complete mastery of the legislation can fully protect the investor's rights before the laws of the Republic of Turkey. This comprehensive research report examines in minute detail the real estate acquisition processes of foreigners in Alanya, the critical legal risks they may face, the conditions for citizenship and residence permits, and the Legal Due Diligence processes in light of current Turkish legislation in 2026.
The Role of the Real Estate Lawyer and Legal Due Diligence
In Turkey, the transfer of real estate ownership only occurs through the execution of an official deed and registration at the Land Registry and Cadastre Directorates. Even "Real Estate Preliminary Sales Contracts" (Promise to Sell Contracts) drawn up before a notary public do not transfer ownership on their own; they merely create a right to demand the transfer of ownership in the future (a personal right). This legal reality demonstrates how vital professional legal intervention is at every stage of the investment process.
The most critical task undertaken by an expert real estate lawyer is the comprehensive "Legal Due Diligence" process conducted before the purchase transaction takes place and before any down payment (deposit) is made. The "Principle of Reliance on the Land Registry" applies in Turkish Law. Pursuant to this principle, any declarations, annotations, and rights recorded in the land registry bind third parties. The fundamental procedures carried out by the lawyer during the legal examination phase are:
Encumbrance Audit (Takyidat Belgesi İncelemesi): It is officially verified via the Land Registry and Cadastre Information System (TAKBİS) whether there is any mortgage (bank loan debt), lien/attachment (execution proceeding), precautionary injunction (ongoing court decision), or usufruct right on the real estate that would restrict the investor's ownership right or impose a financial burden on them. A foreign investor who purchases a property with a lien or mortgage is legally deemed to have assumed these debts as well.
Zoning Status and Habitation Certificate (İskan) Check: The zoning file is examined at the municipality where the real estate is located. It is checked whether the building was constructed in accordance with its approved architectural project and whether there are any illegal or unlicensed additions. According to current 2026 laws, especially for residence permit (residency) applications, it is of vital importance that the property officially holds the status of a "Residence" (dwelling/mesken) and has a building use permit (Habitation Certificate). A property without a habitation certificate cannot be registered in the address registration system (Civil Registry Office) and, therefore, the residence permit application will be instantly rejected.
Seller's Legal Capacity and Corporate Due Diligence: If the property is being purchased from a construction company (contractor), the company's trade registry records, bankruptcy status, tax debts, and whether it has the authority to transfer the title deed are meticulously examined.
Preparation of Bilingual Contracts with Penalty Clauses: Standard real estate agent contracts are generally documents that protect the seller, have weak legal validity, and lack penal sanctions. An expert lawyer prepares binding, bilingual (English-Turkish) legal sales contracts for both parties, incorporating payment plans (via safe account methods similar to escrow), rights of withdrawal based on valuation report results, and delay penalty clauses.
2026 Alanya Realities and Critical Legal Risks
Alanya continues to be a paradise for foreign investors with its magnificent climate, multicultural structure, and high living standards. However, as of 2026, market dynamics have moved beyond the mere act of buying a house and evolved into a system harboring serious administrative and legal sanctions. There are two major legal risks that foreign investors and their legal representatives must primarily analyze and manage during the real estate purchasing process. If these risks are not managed, the investor could lose their residency rights and face administrative fines amounting to hundreds of thousands of liras.
Critical Risk 1: Restricted Neighborhoods and the 20% Residency Quota
The biggest legal trap foreign investors can fall into when buying real estate in Alanya in 2026 is the "Restricted Neighborhoods" (Kapalı Mahalleler) legislation. The Presidency of Migration Management under the Ministry of Interior of the Republic of Turkey has implemented an extremely strict quota system to keep regional demographic density under control, prevent ghettoization, and balance the population ratio of Turkish citizens and foreign nationals.
According to this legal regulation, if the foreign population in any neighborhood exceeds 20% of the total population of that neighborhood, the neighborhood in question is completely closed to new residency registrations for foreigners. According to current 2026 data, 1,169 neighborhoods across Turkey have been closed to initial residence permit applications by foreigners. In the specific case of Alanya, this situation directly affects the most popular areas that form the heart of the market.
According to current 2026 laws, the foreign residency quota has been filled in the following most sought-after neighborhoods of Alanya for real estate, and these areas are ABSOLUTELY CLOSED to new residence permits:
Mahmutlar Neighborhood (Closed)
Kargıcak Neighborhood (Closed)
Kestel Neighborhood (Closed)
Avsallar Neighborhood (Closed)
What Does This Legal Situation Mean for the Investor? A foreign investor can buy a multi-million dollar property in a closed neighborhood like Mahmutlar or Kargıcak. The laws of the Republic of Turkey do not prohibit acquiring property or obtaining a Title Deed from these regions. However, after obtaining the title deed, when the investor goes to the Migration Management Office and says, "I want a Residence Permit to live in this house," their application will be unconditionally and without exception rejected. The investor will only be able to stay in their own home with a standard tourist visa (usually 90 days out of 180 days) and will have to leave the house empty or rent it out for the remainder of the time.
This is exactly where a real estate lawyer must step in. The most important part of the Legal Due Diligence process is instantly cross-checking the exact address of the house the investor intends to buy with the Migration Management's up-to-date restricted areas database. If the investor's goal is to settle permanently in Turkey or obtain a long-term residence permit, the lawyer will direct the investor to neighborhoods with "Open Area" status, such as Oba or Demirtaş, and carry out the transactions in these legally safe zones. Checking the suitability of the house for residency through a lawyer is the most critical move determining the fate of an investment in 2026.
Critical Risk 2: The New Airbnb Law (Short-Term Rental Law No. 7464)
Traditionally, one of the most attractive aspects of investing in real estate in Alanya was generating a high return on investment (ROI) in foreign currency by renting the purchased property out to short-term tourists via digital platforms like Booking.com and Airbnb while the investor was on holiday or for most of the year. However, in 2026, this situation has been placed on a completely new, strict, and uncompromising legal foundation with Law No. 7464 "Law on the Rental of Residential Properties for Tourism Purposes and Amendments to Certain Laws."
This law was enacted to prevent the informal economy, protect neighborhood rights, and integrate hotel sector standards into apartment buildings; and the penalties applied in case of its violation are devastating.
The 100-Day Rule and Its Scope: According to the law, renting out a residential property for any period less than 100 days at a time is classified as a "short-term rental for tourism purposes." Rentals longer than 100 days (e.g., standard annual residential rentals) are outside the scope of this law. In order for a foreign property owner, who bought the house for investment or rental purposes, to legally carry out tourist rentals of under 100 days, the strict procedures they must fulfill—which are almost impossible to handle alone—are as follows:
Unanimous Consent of All Condominium Owners: This is the most challenging requirement introduced by the law. In order to rent out an apartment flat for the short term, the notarized consent (permission document) of ALL title deed owners (neighbors) in that building without exception and obtained unanimously is required. For example, in a 50-flat complex, if even one single neighbor refuses to give consent, that flat cannot be legally rented short-term via Airbnb or similar platforms. (Only "high-quality residences/complexes" where short-term rentals are allowed in the management plan and services such as reception and security are provided are exempt from this requirement).
Capacity Limitation (The 25% Rule): In a building with more than three independent sections, a tourism-purpose rental permit can be issued for a maximum of 25% of the building in the name of the same property owner.
Permit Certificate (Plaque) from the Ministry of Tourism: After the neighbor consents are completed, an application must be made to the Ministry of Culture and Tourism along with documents proving that the property meets fire, health, and safety standards, and the official "Tourism-Purpose Rental Permit Certificate" (Plaque), which is mandatory to be hung at the entrance of the house, must be obtained.
Heavy Administrative Penalties: Irreversible administrative fines await those who violate this legal regulation by secretly carrying out short-term rentals without obtaining a permit or without apartment consent as of 2026:
First Violation: An administrative fine of 100,000 Turkish Liras is imposed for each residential property rented out for tourism purposes without a permit, and a period of 15 days is granted to obtain the permit.
Second Violation: An administrative fine of 500,000 Turkish Liras is imposed on those who continue rental activities without obtaining a permit at the end of the 15-day period, and another 15-day extension is given.
Third Violation: Property owners who continue illegal rentals despite all warnings are fined 1,000,000 Turkish Liras, and the real estate can be completely closed to tourism activities and sealed.
Furthermore, digital e-commerce platforms like Airbnb or Booking are obliged to pay a fine of 100,000 TL for each property if they publish listings without a permit number; therefore, platforms have started to automatically delete illegal listings from their systems.
A foreigner planning to invest in real estate in Alanya to earn rental income absolutely needs the legal guidance of a real estate lawyer to manage this legal process. Before the investment, the lawyer examines the "Management Plan" in the land registry to audit whether the building is legally suitable for short-term rental, organizes the process of collecting neighbor consents, and completes the Ministry of Tourism permit procedures in accordance with the law.
Foreigners' Acquisition of Real Estate in Turkey: Basic Legal Framework
The main legal text regulating the acquisition of real estate by foreign real persons in Turkey is Article 35 of the Land Registry Law No. 2644. With the radical amendment made in 2012, which remains in force in 2026, Turkey relaxed the principle of "Reciprocity" and granted citizens of countries determined by the Presidency (currently covering more than 180 countries) the right to acquire property in Turkey, regardless of whether Turkish citizens are granted the right to acquire real estate in their respective countries.
However, this freedom is subject to certain legal restrictions to protect national security and territorial integrity:
Area Limits: A foreign real person can acquire a maximum total of 30 hectares (300,000 square meters) of real estate property throughout Turkey. Furthermore, the total area of real estate acquired by foreigners cannot exceed 10% of the district's total area subject to private property.
Military and Security Zones Restriction: Pursuant to the Military Restricted Zones and Security Zones Law No. 2565, it is strictly forbidden for foreigners to acquire property or rent in these areas. Prior to the purchase transaction, the Land Registry Directorates are obliged to officially correspond with the relevant military authorities to confirm that the real estate falls outside these restricted zones.
Project Development Obligation: When foreigners purchase real estate in the nature of "land" or "field" with no structure on it, they must submit the architectural or agricultural project they will develop on this real estate for the approval of the relevant Ministry (Ministry of Environment, Urbanization and Climate Change or Ministry of Agriculture and Forestry) within two years from the date of purchase. If this legal period is violated, the state has the authority to liquidate the real estate, pay the price to the foreigner, and take the property back.
Conditions for Residence Permit (Residency) via Real Estate According to Current 2026 Laws
For many years, the Republic of Turkey applied relatively low financial limits for foreigners to obtain a Short-Term Residence Permit (Law No. 6458, Article 31/1-b) through real estate. However, in line with intense market demand, inflationary effects, and migration management strategies, the investment limits were radically revised by decisions taken on October 16, 2023, and are applied with full strictness in 2026.
$200,000 Minimum Investment Limit and CMB (SPK) Report According to current 2026 laws, the minimum investment amount required for foreigners to obtain a Residence Permit (Residency) via real estate ownership has been set at $200,000. The regional distinctions in the old legislation, such as "$75,000 in metropolitan cities, $50,000 in other provinces", have been completely abolished, and the $200,000 condition is applied homogeneously in every neighborhood of Turkey (provided it is an open neighborhood).
This $200,000 limit is not merely the unofficial market price paid to the seller; it is a cadastral value that must be absolutely proven legally. In order for the investor to obtain a residence permit, this $200,000 value must flawlessly match across the following two official mediums:
Sales Price in the Title Deed: It is a legal obligation that the sales price written on the official deed during the land registry registration process corresponds exactly to the Turkish Lira equivalent of $200,000 (or more) when calculated using the Central Bank of the Republic of Turkey (CBRT) foreign exchange selling rate on the day of the transaction.
CMB-Approved Valuation Report (SPK Report): In order to prevent the artificial inflation (collusion) of the sales price in the title deed, the real market value of the real estate must be determined by an independent, licensed valuation expert authorized by the Capital Markets Board (CMB / SPK). It is ABSOLUTELY mandatory that the value written in the conclusion part of this valuation report, which will be included in the application file, is $200,000 or above. If the valuation value comes out to $195,000, even if $500,000 is declared at the land registry, the residence permit application will be rejected.
The Heart of the Financial System: The DAB (Foreign Exchange Purchase Certificate) Requirement The most complex financial leg of the real estate law processes in Turkey in 2026 is the "Foreign Exchange Purchase Certificate" (DAB) requirement. In this system, introduced to ensure that foreign investments enter the country's economy in a transparent and registered manner, it is legally invalid for the investor to send the real estate price directly from their home country to the seller's account (e.g., in USD or EUR).
How Does the DAB Process Work?
The foreign investor transfers the foreign currency equivalent of at least $200,000 from abroad to a Turkish bank account opened in their own name.
This foreign currency amount is sold (exchanged) directly to the Central Bank of the Republic of Turkey (CBRT) via the intermediary Turkish bank upon the investor's instruction, absolutely before the Title Deed transaction.
In return for this transaction, the bank issues a Foreign Exchange Purchase Certificate (DAB) which bears an official and unique reference number, including the investor's name, surname, passport number, the amount of foreign currency exchanged, and the phrase "Issued for Real Estate Purchase within the Scope of the Capital Movements Circular."
The exact Turkish Lira amount written on the DAB down to the last penny must be declared as the official sales price at the land registry office and must be sent to the seller's bank account via bank transfer (EFT/Wire Transfer) (by writing the title deed details in the description section). Cash payments by hand are absolutely not accepted and will instantly invalidate residence/citizenship applications.
Family Rights and Application Procedure A foreigner who fulfills these strict conditions and purchases a "Residence" (dwelling) exceeding the $200,000 threshold makes their application online via the e-İkamet system. It is essential that the purchased real estate is not subject to shared ownership (joint title deed) and is registered as 100% full ownership in the name of a single foreign individual; otherwise, stakeholders cannot benefit from the residence permit right.
When the main applicant investor obtains their residence permit, this right directly reflects on their legal spouse and all children under the age of 18 within the scope of "Family Residency" (Family Reunification). Thanks to this residence permit, foreigners can integrate into Turkey's health (SGK or private insurance) and education systems, open full-fledged bank accounts, and, after 5 years of uninterrupted legal residency, earn the right to apply for Turkish Citizenship through the general route, subject to the administration's discretion.
Exceptional Turkish Citizenship (Citizenship by Investment) Process According to Current 2026 Laws
Turkey's Citizenship by Investment Program (TCBI), one of the most attractive and strategic naturalization paths for High-Net-Worth Individuals (HNWI) worldwide, is carried out in a much more structured, corporate, and highly supervised framework in 2026. Under Article 12 of the Turkish Citizenship Law No. 5901 and relevant regulations, the limits of obtaining a Turkish passport directly and exceptionally via real estate, without requiring the standard 5-year waiting period and language requirement, are clearly drawn.
$400,000 Investment Limit and Real Estate Qualities According to current 2026 laws, the minimum investment limit required for foreigners to obtain Exceptional Turkish Citizenship through real estate investment is $400,000.
Unlike the residency program, the citizenship program offers investors significant flexibility. The investor does not have to buy a single property. Provided that the total valuation and title deed value exceeds the $400,000 threshold, they can build a portfolio by combining any number and type of properties (residential, office, shop, commercial real estate).
However, this flexibility is surrounded by certain strict legal rules:
Simultaneous Transaction Requirement: If different properties are to be purchased, it is essential that the title deed transfers and citizenship annotations of these properties are executed simultaneously within the same transaction file and application.
Past Ownership Restriction (Chain Rule): It is a requirement that the real estate to be purchased has never been used for a citizenship application by any foreigner before. A property can only be used once for the TCBI program. Ideally and legally, the least risky scenario is purchasing the property directly from a Turkish citizen or a local construction company registered in the Turkish trade registry.
Land/Field Restriction: According to the rule introduced at the end of 2023 and applied without compromise in 2026, empty plots of land or fields without structures on them cannot be used for citizenship applications. The real estate must either be a structure with a condominium/construction servitude or have an active, approved building permit on it.
2026 Real Estate Investment Residency vs. Citizenship Comparison | Feature / Requirement | Short-Term Residency (İkamet) | Exceptional Citizenship (Vatandaşlık) | | :--- | :--- | :--- | | Minimum Investment Amount | $200,000 | $400,000 | | Eligible Real Estate Type | Only housing (residential). | All property types accepted (except empty land). | | Ownership Structure | Must be 100% Independent Full Ownership (Shared ownership is invalid). | Must be 100% Independent Full Ownership. |
3-Year Non-Sale Annotation and Certificate of Conformity The most critical legal step that distinguishes the citizenship process from an ordinary real estate purchase is the "3-Year Non-Sale Annotation" placed on the register during the title deed registration. While completing the minimum $400,000 purchase, the investor officially annotates in the land registry that they will not sell, transfer, or relinquish the ownership of the properties in question to anyone else in any way for three years. This annotation is the fundamental legal basis of the TCBI program. Once the three-year period expires, the annotation is automatically removed, and the investor can freely sell their property without any detriment to their citizenship status.
As with the residence permit, the presence, historical compliance, and precise value consistency down to the penny of the Foreign Exchange Purchase Certificate (DAB) and CMB-Approved Valuation Report are absolute necessities in the citizenship application. Following the completion of the title deed registration and the 3-year annotation process, the expert lawyer submits the file to the Ministry of Environment, Urbanization and Climate Change to request the official "Certificate of Conformity" confirming that the investment meets all legal criteria.
Following the receipt of the certificate of conformity, the investor is granted a special short-term "investor residence permit" (Article 31/1-j), and the main citizenship file is submitted to the General Directorate of Population and Citizenship Affairs. During this process, the investor's spouse and children under the age of 18 are also included in the same file without requiring an additional financial investment. The applicants' criminal records undergo deep security screening through the National Intelligence Organization (MİT) and Interpol databases. The process typically concludes within 6 to 8 months with approval via a Presidential decree and the delivery of the Turkish passports. The investor obtaining Turkish citizenship also opens global doors, such as settling and establishing a business in the United States, thanks to the E-2 Investor Visa treaty.
Real Estate Taxes and Financial Obligations in 2026
Acquiring and holding real estate in Turkey brings along certain tax obligations that the investor must regularly track. Since ignorance of the law is not considered an excuse, managing these financial processes is also part of the legal service.
Title Deed Fee (Property Purchase Tax): It is the basic transaction tax collected by the state in real estate buying and selling transactions. According to 2026 laws, the title deed fee rate is calculated as 4% over the sales price declared at the land registry. Although legally the buyer is obliged to pay 2% and the seller 2% of this fee, due to customs in the Alanya real estate market, the 4% tax burden is generally fully covered by the buyer (investor). Under-declaring the sales price in order to pay a lower title deed fee leads to serious tax evasion penalties and the definitive cancellation of citizenship/residence permit applications in Turkey.
Value Added Tax (KDV - VAT): "Brand new" (newly constructed) residential and commercial units purchased directly from the contractor are subject to Value Added Tax. Depending on the net square meter area of the property, the building permit date, and the region it is located in, VAT rates vary between 1%, 10%, or 20%. However, non-resident foreign investors in Turkey (those without a residence permit) can benefit from the VAT Exemption right pursuant to Article 13/i of the VAT Law No. 3065, provided they bring the entire cost from abroad in foreign currency and do not sell the property for at least one year. Establishing this exemption requires intense tax office correspondence.
Annual Property Tax and 2026 Automatic Valuation: The real estate owner is obliged to pay Property Tax to the affiliated Alanya Municipality every year (in two equal installments in May and November). Tax rates are around 0.1% for residential properties, 0.2% for commercial properties, and 0.3% for land. Important 2026 Update: As of 2026, Turkey transitioned from the manual real estate declaration system to the "Automatic Valuation System" integrated into land registry and cadastre data. The new system automatically raised the tax base (cadastral data) that municipalities will collect. Investors need to check these new automatic tax accruals through their lawyers, and if the value determined by the administration is detached from market realities and extremely high, they must file a lawsuit in the Tax Courts within the legal objection period to correct the value.
Capital Gains Tax (5-Year Rule): If real estate purchased in Turkey is sold within the first 5 years from the date of title deed registration, the net profit obtained (property income after inflation indexing) is subject to Capital Gains Tax. The rate of this tax is subject to a progressive tariff varying between 15% and 40% depending on the size of the profit. However, if the property is held for 5 full years and sold after the end of the 5th year, it is completely exempt from tax regardless of the amount of profit obtained. This "5-Year Rule" is the most critical financial right that investors buying property under the citizenship program (3-year annotation) must plan together with their lawyers while structuring their long-term exit strategy.
Conclusion: The Importance of Qualified Representation for Legal Security
To summarize, the Turkey and Alanya real estate market in 2026 is far from the simplicity of "I liked it, I paid for it, and I bought it." Both the $200,000 and $400,000 limit migration mechanisms, strict financial supervision tools like DAB and SPK, as well as the restricted neighborhoods with a 20% quota and the new Airbnb law containing heavy administrative fines, have literally turned the market into a legal minefield.
It is almost impossible for a foreign investor to carry out these processes flawlessly on their own or with the guidance of real estate brokers. The slightest procedural mistake—for example, obtaining the DAB document after the title deed day, issuing the SPK report incorrectly, or buying a house for residential purposes in a restricted neighborhood whose 20% quota is filled—will cause an investment of hundreds of thousands of dollars to fail to achieve its purpose, lead to the cancellation of the residence permit, and result in shattered dreams.
In this context, from the very first moment you decide to invest in real estate in Turkey, you should place yourself under the legal protection of an expert Turkish Lawyer with international experience, who is fluent in your language, culture, and investment vision. Protecting your property rights, eliminating legal risks (Due Diligence), and concluding your residency/citizenship processes smoothly is only possible with qualified legal representation.
To legally secure your real estate purchasing process, inquire about the open/closed neighborhood statuses in Alanya, and develop strategies compliant with the 2026 legislation, you can contact our expert team instantly.
Contact Enes Nergiz Law Firm via WhatsApp Now for Professional Legal Consultancy and Secure Investment!
Frequently Asked Questions (2026 Updates)
1. Can I get a Residence Permit in Turkey by buying a house in Alanya neighborhoods like Mahmutlar or Kestel in 2026? No. Under the strict demographic rules (20% quota) implemented by the Presidency of Migration Management in 2026, popular neighborhoods of Alanya such as Mahmutlar, Kargıcak, Kestel, and Avsallar have been completely closed to new foreign residence permits (Restricted Neighborhoods). If you buy real estate in these regions, you can smoothly transfer the title deed to your name and use your property rights for vacation purposes; however, your Residence Permit application based on this title deed will be absolutely rejected, and you can only stay in Turkey for the duration of your standard tourist visa (usually 90 days out of 180 days). Investors wishing to obtain a residence permit must definitely make purchases from places with "Open Area" status (e.g., Oba or Demirtaş) under the supervision of a lawyer.
2. According to Current 2026 Laws, what are the minimum investment amounts and conditions for Real Estate Residency and Turkish Citizenship? According to current 2026 legislation; for foreigners to obtain a Short-Term Residence Permit via real estate, the official value of the immovable property must be at least $200,000. To acquire Turkish Citizenship through the exceptional route, the minimum investment amount is $400,000 (a 3-year non-sale annotation must be placed on these properties in the land registry). In both programs, fulfilling these financial limits must be documented with a mandatory "CMB-Approved Valuation Report" (SPK), and the process of exchanging the money coming from abroad at the Central Bank and obtaining a "Foreign Exchange Purchase Certificate" (DAB) must absolutely be completed before the title deed transfer.
3. Can I rent out the house I bought for investment purposes short-term (for vacation purposes) on platforms like Airbnb in 2026? Yes, but to do this, you must fulfill the extraordinarily strict rules of the New Airbnb Law (Short-Term Rental Law No. 7464). According to the law, rentals of less than 100 days are considered for tourism purposes. To do this legally, you are required to obtain unanimous, notarized consent (permission) from all title deed owners (neighbors) in your apartment/complex, and then apply to the Ministry of Culture and Tourism to hang a "Tourism-Purpose Rental Permit Certificate" (Plaque) at the entrance of your building. Since getting approval from the entire apartment is very difficult in practice, massive administrative fines reaching 100,000 TL, 500,000 TL, and 1,000,000 TL respectively per detection are applied in 2026 to those who illegally conduct short-term rentals without obtaining this permit, and their listings on platforms are legally blocked.
Enes Nergiz Law Office offers tailored legal solutions for property transactions in Alanya. Our services include:
Property Purchases and Sales: Our Alanya conveyancing lawyers oversee negotiations, contracts, and transfers.
Lease Agreements: Alanya lease lawyers prepare compliant contracts to protect landlords.
Financing Arrangements: Alanya mortgage lawyers facilitate mortgage agreements with financial institutions.
Dispute Resolution: Alanya property dispute lawyers and Alanya real estate litigators handle conflicts, including ownership or contract issues.
For international clients, our Alanya foreign investment lawyers provide additional support, such as residency permit applications and Turkish citizenship processes, making us recognized Alanya citizenship lawyers.
Turkey’s Citizenship by Investment program allows eligibility for citizenship through a property purchase of $400,000 or more. This offers benefits like visa-free travel to over 110 countries. Our Alanya Turkish citizenship attorneys guide clients through property selection, legal verification, and application submission.
In 2024, our Alanya property investment lawyers assisted a UAE client with a €410,000 commercial property purchase. As Alanya real estate investment advisors, we ensured eligibility and completed the citizenship process in five months, delivering a secure investment and citizenship.
Selecting a competent Alanya real estate lawyer is critical for successful transactions. Enes Nergiz Law Office offers:
Specialized Experience: Avukat Enes Nergiz, an experienced Alanya land law attorney, has over 10 years in Turkish real estate law.
Multilingual Services: Our Alanya real estate transaction lawyers are fluent in English, Russian, and Turkish for clear communication.
Transparent Fees: Our Alanya title attorneys provide detailed cost estimates, with legal services typically ranging from €500 to €2,000, plus notary fees (€100–€300) and a 4% title deed tax.
Client Satisfaction: Positive feedback on platforms like Google Reviews reflects our reliability as Alanya lease lawyers and Alanya property dispute lawyers.
Comprehensive Support: Our Alanya foreign investment lawyers handle real estate, immigration, and related legal matters.
Consider these factors when choosing an Alanya property lawyer:
Expertise in Turkish real estate law, as offered by our Alanya conveyancing lawyers.
Strong reputation, verifiable through reviews of Alanya real estate attorneys.
Clear fee structures, provided by our Alanya mortgage lawyers.
Effective communication, ensured by our Alanya citizenship lawyers.
Contact us for a consultation to discuss your needs.
Foreign investors may encounter challenges like regulatory complexity or language barriers. Our Alanya real estate consultants address these:
Clear Explanations: Our Alanya title deed lawyers provide documentation in accessible languages.
Cost Transparency: Alanya property contract lawyers outline all fees upfront.
Efficient Processes: Transactions typically conclude in 2–4 weeks, managed by our Alanya real estate transaction lawyers.
Alanya’s real estate sector is growing, with foreign property sales increasing by 15% in 2024, according to the Turkish Statistical Institute. Competitive prices and citizenship opportunities make it an attractive market. Our Alanya property investment lawyers and Alanya Turkish citizenship attorneys help clients secure profitable investments.
Enes Nergiz Law Office is your trusted partner for real estate in Alanya. Our Alanya real estate lawyers, Alanya property lawyers, and Alanya real estate consultants ensure secure, compliant transactions. Rely on our Alanya land law attorneys, Alanya lease lawyers, and Alanya real estate litigators for professional guidance.
Schedule a consultation today:
Phone: +90 5534172313
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Website: enesnergiz.av.tr/ kalemlawoffice.com
With our Alanya mortgage lawyers, Alanya foreign investment lawyers, and Alanya Turkish citizenship attorneys, your Alanya property transaction is in capable hands.
An Alanya real estate lawyer is defined as a lawyer who deals with transactions and disputes arising from real estate and construction law.
Lawyers dealing with real estate cases mostly serve property owners, real estate investors, contractors, architects, financiers, construction firms. The best real estate lawyer is a lawyer who follows the current developments in the real estate sector, has mastered real estate law, has developed himself in the field of real estate law.
As an Alanya law office operating in Alanya, we provide legal services and support to clients within the scope of real estate law.
A lawyer or a real estate lawyer is a constituent element of the judiciary, which performs a defense function both in the administrative sphere and in the judicial sphere. He specializes in guiding the practice of the legal profession in Turkey. A lawyer in Turkey has the authority to follow up any kind of case or business.
Alanya real estate lawyer and title deed lawyer provide legal security to their clients first of all. Real estate law is a law that legally protects real estate, the purchase and sale of real estate, etc. it is the branch of law that makes the necessary arrangements in its transactions. Real estate law is actually related to many branches of law such as law of obligations, enforcement law(debt collection), property law. In this sense, real estate litigation lawyers are also related to the branches of law that real estate law is related to and have access to the legislation related to them.
Real estate lawyer is the name given to the lawyer who plays a role in the protection of immovable properties such as houses, workplaces, land plots and the realization of legal transactions related to them.
The fact that the real estate and construction sector is so vibrant in our country and especially in Alanya has led to an increase in the need for real estate lawyers. The mobility in the real estate sector is also directly related to the economy and commercial life. Alanya Real estate lawyer and title deed lawyer , with the understanding of preventive law, will prevent material and moral loss by providing legal advice to his clients before the occurrence of problems.
It is understandable that most of the calls are from Antalya province, focusing on Alanya, Manavgat, Side, Mahmutlar and Gazipasa. Because lawyers dealing with real estate cases are mostly located in Antalya province today. The reason for this is that Antalya is the province in which the construction and real estate sector plays the most active role in our country.
According to the current legislation, there is no obligation to hire a lawyer in any other cases, except for some criminal cases in which an Alanya criminal lawyer and the defendant must be represented. There is also no obligation to hire a lawyer in real estate cases. The parties can follow up their cases by opening them themselves. However, immovable cases are cases with many technical dimensions. The smallest procedural error made by the parties may lead to the procedural loss of the case.
Due to the importance of real estate cases, following the case through an expert Alanya real estate lawyer or title deed lawyer will eliminate the possible mistakes that the parties will make.
The cases that are expected to resolve disputes related to real estate are called real estate cases.
The prevention of interference lawsuit is the most frequently filed type of real estate lawsuit. In order to benefit from any immovable property; it is necessary to become the owner of the immovable property or to obtain permission from the owner of the real estate property. It is illegal to use a real estate in any way without obtaining approval from the owner of the real estate. The use of the immovable property in this way gives the property owner the right to file a lawsuit against intervention (prevention of intervention). The owner of the immovable property eliminates the attack on his immovable property with the case of prevention of intervention.
If there is an occupation of the immovable by a person who is not the rightful owner, the occupier is removed from the immovable, even the unfair occupier may be asked for compensation (occupation compensation). Many related requests are put forward by a lawyer with a systematic case and it is ensured that the real estate owner gets the right.
As Alanya real estate lawyer, our Alanya law office provides legal services and legal consultancy services to clients in scope of real estate cases.
An Alanya real estate lawyer provides legal guidance on property transactions, including buying, selling, leasing, and resolving disputes. At Kalem Law Office, our experienced lawyers ensure your real estate deals comply with Turkish law, protecting your interests.
Hiring a real estate lawyer in Alanya helps navigate complex Turkish property laws, prevents fraud, and ensures secure transactions. Our team at Kalem Law Office conducts title deed checks and drafts legally sound contracts.
Yes, foreigners can buy property in Alanya, subject to certain regulations. Kalem Law Office assists foreign investors with legal requirements, ensuring a smooth purchase process.
Common disputes include title issues, fraud, boundary conflicts, and rental disagreements. Our Alanya real estate lawyers resolve these through negotiation or litigation.
Work with a qualified Alanya real estate lawyer to verify property titles, check seller credentials, and review contracts. Kalem Law Office offers thorough due diligence to protect clients.
A title deed (tapu) is a legal document proving property ownership. Our lawyers at Kalem Law Office ensure the title is clear and transferable before any transaction.
The process typically takes 2-4 weeks, depending on documentation and approvals. Kalem Law Office streamlines the process for efficient transactions.
Required documents include a passport, tax number, title deed, and photos. Our Alanya real estate lawyers guide you through the full list and preparation.
Yes, owning property in Turkey can qualify you for a short-term residence permit. Kalem Law Office provides immigration legal support for permit applications.
A notary in Alanya notarizes contracts, such as sales promise agreements. Our lawyers ensure all notarized documents comply with Turkish law.
Legal fees vary based on the transaction’s complexity. Contact Kalem Law Office for a tailored quote based on your needs.
Buyers pay title deed transfer tax (4% of property value, typically split with the seller) and VAT in some cases. Our lawyers advise on tax obligations.
Yes, we handle disputes between landlords and tenants, including non-payment or contract breaches. Kalem Law Office offers expert mediation and litigation services.
A sales promise contract is a notarized agreement to sell property in the future. Our lawyers draft these to protect your interests.
A real estate lawyer can check for liens or debts via the Land Registry Office. Kalem Law Office performs comprehensive property checks.
This lawsuit resolves disputes among co-owners of a property. Our Alanya real estate lawyers handle such cases to ensure fair outcomes.
Yes, with a power of attorney, a lawyer can act on your behalf. Kalem Law Office manages remote transactions for international clients.
Risks include fraud, title disputes, and non-compliance with laws. Our lawyers mitigate these risks through thorough legal oversight.
The government may expropriate property for public interest, requiring legal action. Kalem Law Office represents clients in expropriation cases.
A construction contract outlines terms for building on a property. Our lawyers ensure these contracts are fair and legally binding.
Yes, buying property worth $400,000+ may qualify for Turkish citizenship. Kalem Law Office guides clients through the process.
Selling involves preparing documents, clearing debts, and transferring the title. Our lawyers handle each step for a seamless sale.
A lawyer can review land registry records and negotiate or litigate. Kalem Law Office resolves boundary disputes efficiently.
Our experienced Alanya real estate lawyers offer personalized service, multilingual support, and expertise in Turkish property law.
Yes, foreigners can lease property. Our lawyers draft and review lease agreements to protect your rights.
A lawyer can enforce the contract or seek compensation. Kalem Law Office handles breach-of-contract cases.
A real estate lawyer checks zoning regulations via local authorities. We ensure compliance for your investment.
Adverse possession allows someone to claim property after long-term use under specific conditions. Our lawyers advise on such cases.
Yes, we handle inheritance-related property disputes, ensuring fair division. Kalem Law Office provides expert legal support.
The Land Registry Office records property ownership and transactions. Our lawyers liaise with them for accurate documentation.
A lawyer reviews all fees, taxes, and contracts. Kalem Law Office ensures transparency in your transaction.
Yes, foreigners can buy commercial properties. Our lawyers guide you through regulations and contracts.
A fund allows investment in real estate for citizenship or profit. Kalem Law Office advises on such investments.
A lawyer can seek remedies like repairs or compensation. We represent clients in defective property cases.
Steps include document submission, tax payment, and registry approval. Our lawyers manage the entire process.
Yes, we review and negotiate mortgage terms. Kalem Law Office ensures favorable conditions for clients.
It allows foreigners to stay in Turkey for up to two years. We assist with applications tied to property ownership.
A lawyer can mediate or litigate based on the contract. Kalem Law Office protects clients from agent disputes.
Penalties include fines or contract voiding. Our lawyers ensure your transactions are fully compliant.
Yes, companies can purchase property. We provide legal support for corporate real estate deals.
It authorizes a lawyer to act on your behalf. Kalem Law Office prepares and manages these documents.
A lawyer can negotiate or sue for breach of contract. We represent clients against developers.
Inheritance follows Turkish law, with specific shares for heirs. Our lawyers handle inheritance disputes.
Yes, we advise on VAT exemptions for foreigners. Kalem Law Office optimizes your tax obligations.
Mediation resolves disputes without court. Our lawyers facilitate fair mediation processes.
A lawyer reviews land registry and municipal records. We ensure your property is legally sound.
Costs include taxes, notary fees, and legal fees. Kalem Law Office provides a detailed cost breakdown.
Yes, Alanya is ideal for real estate investment. Our lawyers guide you through profitable opportunities.
It assesses a property’s legal and financial status. Kalem Law Office provides comprehensive reports.
Contact Kalem Law Office via our website (www.kalemlawoffice.com) or call (0553) 4172313 for expert real estate legal services.
Izale-i Şuyu (Dissolution of the Partnership) Case(DİVİDİNG UP OF AN UNDİVİDED PROPERTY)
The case of Izale-i Şuyu (Dissolution of the Partnership) comes into question if more than one person owns a real estate. In shared ownership, stakeholders may not agree on the sharing of real estate. In this case, the stakeholders file an izaleisüyu lawsuit to terminate the partnership. The case should be addressed to all stakeholders by examining the land registry. This real estate case cannot be concluded without including all the persons who own shares in the real estate in the case.
At the end of the dissolution of the partnership case, if it is possible to divide the immovable exactly, the immovable is divided exactly.
In the same way, if sharing is not possible, the immovable property is sold by the executive administration and the sale price is given to the stakeholders in proportion to their shares.
The case of cancellation and registration of the title deed can be opened for many reasons. After the facts that constitute the basis for the cancellation of the title deed have been concretized, a deed cancellation and registration case should be filed. The varieties of title deed cancellation cases are as follows:
As Alanya real estate lawyer, our Alanya law office provides legal services and legal consultancy services to clients in scope of real estate cases.
Article 1- Parties;
1- SELLER : T***** (T.C.:****, Sahabiye Mah. Pa*****
2- BUYER : G******(T.C.:6******), Mevlana Mah. G*******
Within the framework of the terms and conditions set forth below, the persons whose information is written above have signed this contract with their free will, which is 2 copies of which are exactly mutually agreed upon by the parties, which will be referred to as the CONTRACT for short.
If there is a change in the above information, the parties are obliged to notify the other party of the change in writing immediately and within 7 days at the latest.
The notification addresses of the parties are the specified addresses. If any change is not notified in writing by means of a notary, the notifications made to these addresses are valid. The parties have agreed on the application of Article 35 of the Notification Law No. 7201 in the notification to this address.
Article 2- Subject of the Contract;
Purchased office ** Island - 1** parcel - 2*** Sheet no- 4 Floor- ** independent section after the sale of the immovable property and other issues related to the immovable, the following terms and conditions of payment by the SELLER and BUYER.
Article 3- Conditions;
The seller undertakes that the purchased property does not have any debts (taxes, fees, etc.). The seller agrees that he will be responsible for any future negativity.
The seller declares that natural gas, electricity and water subscriptions will be purchased without settlement and accepts that he will be responsible in any negative situation.
It undertakes that the settlement application of the immovable property in question will be concluded positively and all expenses will be covered by the seller.
The BUYER shall know the SELLER as the addressee in all kinds of matters such as settlement, subscriptions, tax and debt related to this contract.
The promissory note given to the seller with a issuance date of 6.12.2022 of TL 245.000.00 will be paid in cash by the buyer to the seller within one week after the date of receipt of the settlement. All settlement, fees and etc. all expenses belong to the seller.
It is accepted that if the settlement cannot be obtained, the stock will be invalid and the seller will be responsible for all damages and all expenses that will occur in the purchase of settlement.
The immovable property in question is the law office. The parties shall pay the title deed costs in half.
Article 4- Sales Price;
The sale price of the immovable property in question is 245.000,00 TL. (It is Turkish lira.) 6.250,00 TL (Turkish Lira) is given to the seller as a deposit. The deposit price will be deducted from the real estate sale price. The buyer will send a transfer of 238.750,00 TL to the seller.
Article 5- Delivery Time and Penal Condition;
The immovable property will be delivered on 12.12.2022 at the latest. If the office is not delivered on 12.12.2022, 50.000,00 TL will be paid as a withdrawal fee.
Article 6 – Settlement of Disputes;
In case of dispute, the contract between the seller and the buyer is accepted as evidence by the parties. The parties have agreed that in case of disputes arising from the implementation of this contract, Kayseri Courts and Enforcement Offices shall be authorized.
This contract, which consists of 2 pages, is taken under the free will of the parties and witnesses.
SATIC ANCHOVIES
T************ ……….
Expropriation is the transfer of the ownership of immovable property belonging to any person to the public with a unilateral administrative transaction, taking into account the public interest.
The administration may expropriate immovable property belonging to any person after taking a decision of public interest. In order for the expropriation process to be completed, the administration must file a deed cancellation and registration lawsuit against the owner of the real estate in the judicial jurisdiction.
As Alanya real estate lawyer, we provide legal services and legal consultancy services to our clients within the scope of real estate law.
The real estate contract is made in practice for a wide variety of reasons.But the most common real estate sales promise contract is the promise of selling the real estate arising from the construction contract for the floor.
The construction contract is one of the full bilateral contracts that are fulfilled in a long process and impose rights and obligations on the parties in the process of implementing the contract.
In this agreement, the person who owns the land plot promises to sell a part of his real estate to the contractor if a structure is built on his land under conditions in accordance with the contract. These contracts should be arranged together with Alanya real estate lawyer. Legal advice should be obtained for all processes from the signing of the contract to its fulfillment. Thus, the rights of the parties on the immovable are clarified in a way that does not lead to a pause.
With the death of the immovable owner, a number of disputes arising from inheritance law may arise. For example, one of the heirs may claim that his reserved share was violated or that there was a consensual sale transaction. The case of property sharing in inheritance may turn into a title deed cancellation and registration case in one aspect.
Taking into account the specific norms of inheritance law, a deed cancellation and registration case should be filed for the right holder. Since the title deed cancellation and registration cases arising from inheritance law take quite a long time due to the large number of parties, filing a lawsuit through a real estate lawyer prevents the litigation process from being prolonged.
For other information about the land registry, you can look at the official address of the land registry office. https://tkgm.gov.tr/tr
Is a residence permit obtained by buying an apartment/real estate in Turkey?” there are too many questions being asked about it. We will try to answer frequently asked questions about how foreigners will get a residence permit by buying an apartment/residence in Turkey ans especially in Alanya?
Residence Permit in Turkey As regulated in the Law on Foreigners and International Protection, “those who have immovable property in Turkey” can obtain a short-term residence permit.
A residence permit may be issued for a maximum of two years each time through the purchase of real estate to be issued in accordance with the same law.
As Alanya real estate lawyer we provide legal services to our clientes as follows:
Alanya Real Estate Lawyer
Real estate lawyers are people who are concentrated on real estate law and have gained experience in the cases involved in real estate law. Kalem Law Office is one of the leading offices when it comes to real estate lawyer Alanya. Citizens are constantly experiencing disputes over immovable property issues. It is a common situation where people claim ownership over properties such as land, housing, factories, etc. In this case, it will be the best option to get help from a real estate lawyer who will solve the problems. Real estate law includes the types of cases that are the most comprehensive in terms of their legal processes.
Not requesting help from a real estate lawyer in disputes can lead to greater problems in the future. Therefore, getting real estate lawyer Alanya consultancy against any real estate legal problem that may occur will make the process easier.
The real estate lawyer supports the citizens who have problems related to the real estate issue in the legal process. Our office, which offers you solutions as an expert real estate lawyer Alanya, listens to your problem in detail and brings appropriate solutions.
Our office, which takes protective measures for you during the whole litigation process, thus ensures the satisfaction of its clients. In this sense,
are represented. All you need to do for this is to contact our office for Alanya Real Estate Lawyer, which serves with expert lawyers in the field . By providing details about your problem, you can get professional legal results.
Real Estate Law Firm Real Estate Litigation
What Are the Cases That Real Estate Lawyers Deal With?
Real estate law is a fairly broad subject. In this respect, some of the cases we have entered into are as follows;
What Issues Do Real Estate Lawyers Help With?
Lawyers serving in the field of real estate help citizens with different issues. In this respect, real estate lawyer Alanya will support you in areas such as;
In addition to these, real estate also carries out transactions on the properties acquired after marriage. If you have decided to divorce, you can quickly and accurately share the said assets with the help of our office.
CONTRACT OF PROMISE OF SALE
Under the general heading of the contract of promise of sale, we will touch on titles such as the contract of promise of immovable sale, the example of the contract of promise of sale, the contract of promise of sale of real estate, the contract of promise of sale notary fee
The provision of Article 29 of the Turkish Code of Obligations No. 6098 titled "Preliminary Contract" is as follows:
"Contracts for the future establishment of a contract are valid.
With the exceptions provided for in the law, the validity of the preliminary contract depends on the form of the contract to be established in the future" (art. 29).
This provision of a general nature states that it is possible and valid to conclude a preliminary contract for the future establishment of any contract. It also states that the said preliminary contract is subject to the formal requirements for the establishment of the original contract as a rule. This basic principle also applies to sales contracts.
Real Estate Sale Promise Agreement (Real Estate Sales Promise Contract)
After the explanations we have made above about the promise of sale, we can switch to the issue of the promise of immovable sale. The only regulation of the Turkish Code of Obligations No. 6098 regarding the promise of immovable sale is related to the form condition of the contract in question.
"The promise of the sale of real estate,... it shall not be valid unless it is formally regulated." (TBK; art. 237/II)
In accordance with the above express regulation, contracts for the promise of sale of immovable property are subject to the condition of official written validity. In accordance with this validly established contract, in the event that the term or maturity stipulated in the contract is realized, it is mutually promised to make the immovable sale contract. If one of the parties fails to fulfill its contractual obligation, the other party may bring a performance action against it. In this case, the decision of the court will replace the will of the party who refuses to enter into the contract. With this decision, the party who wins the case can go directly to the land registry office and request the registration of the real estate in his name.
If the contract of promise of sale of immovable property is annotated in the land registry (Land Registry Law; art. 26/V, TMK m. 1009), it becomes assertable against third parties (Art. 1009/II of the Turkish Penal Code). The validity period of the commentary is 5 (five) years (Land Registry Law; art. 26/VIII). However, if it is not annotated, the ownership or other limited in-kind rights of bona fide third parties over the immovable property in question shall be protected. In this case, it is possible to file a lawsuit for compensation of damages against the seller who made the sale impossible.
The right of receivable arising from the contract of promise of sale of immovable property is 10 years from the date of obligation. At the end of this period, the right expires.
Real Estate Sales Promise Contract Not Made in a Notary Public
The only provision in the Turkish Code of Obligations No. 6098 regarding the promise of immovable sale is related to the form condition of this contract. This fact alone is sufficient to show the importance of compliance with the conditions of form for the validity of the contract in question. The form requirements for validity are among the mandatory provisions of the law and if they are not complied with, they arise as a result of the invalidity of the contract in accordance with the provision of Article 12/2 of the TBK.
"The form prescribed in the law for contracts is, as a rule, the form of validity. Contracts formed without complying with the prescribed form shall not give rise to provisions." (TBK; art. 12/2)
Even if the contract in question is made in the form of approval and not in the form of arrangement in the Notary, the contract will be absolutely null and void. The said invalidity can be asserted by anyone and is considered ex officio by the judge at every stage. Likewise, the invalidity of the contract will result in the invalidity of issues such as the penal clause and withdrawal money attached to this contract. The promise debtor cannot make a claim based on a contract contrary to the form.
However, there are some cases in which the parties may have complied with a contract that is essentially null and void due to non-compliance with the form as if it were valid and may have fulfilled their own obligations. In such cases, asserting a contravention of form constitutes an abuse of the right, as the Court of Cassation has accepted. Such situations vary according to the nature of the concrete event.
Contract of Promise of Sale 4
Immovable Sale Promise in the Form of Arrangement and Construction Contract in Return for Land Share
The construction contract for land share is a type of mixed contract that has emerged due to need in practice, has been shaped within the framework of freedom of contract, and includes the work (exception) contract and the immovable sale promise contracts. On one side of this contract is the contractor and on the other side is the land owner. In this type of contract, unlike the work contract, the fee is replaced by an independent section/floor to be given to the land owner. The provisions of the work contract shall also apply to the act that the contractor (contractor) undertakes to perform.
As stated above, the construction contract for land share manifests itself in the form of the land owners undertaking to transfer the land share to the contractor in exchange for the structure to be built on the land within the framework of the agreement they have made with the contractor. In this respect, there is a "promise of immovable sale". In other words, the contractor will build a building (work), and in return he will be promised the sale of immovable property (land share).
Since it contains the promise of sale of immovable property within the construction contract in exchange for a share of the land, it is subject to the official written validity condition (notarized arrangement) (TBK; art. 237/II).
Invalid Real Estate Sale Promise Contract Unjust Enrichment
It was explained above that the contract of promise of sale of immovable property is subject to the condition of official written validity and that contracts of promise of sale of immovable property made contrary to this form are void in accordance with Article 12/II of the Turkish Penal Code.
In accordance with the contracts of promise of sale of immovable property made contrary to the official written form, if the price has been paid, the creditor of the promise will be able to demand back the price he has given with an unjust enrichment case because the contract is void.
There is another situation where there may be unjust enrichment provisions in contracts for the promise of sale of immovable property. If the performance of the debt has become impossible for one of the parties, the party who has performed the act may demand the return of the obligations in accordance with the provisions of unjust enrichment since there is no legal reason left. The expropriation of the immovable property or the destruction of the immovable property through no fault of the promise debtor are among such reasons.
Again, a similar situation exists in terms of reversal or retroactive termination institutions arising due to reasons such as default. Some of the decisions of the Court of Cassation on this issue are as follows:
Contract of Promise of Sale 5
Notary Fee in Contract of Promise of Sale
The notary fee of the real estate sales contract for the year 2022 is 5.4 thousandths of the higher of the price written in the contract and the value recorded.
Example of a Promise of Sale Contract 2023
REAL ESTATE SALES PROMISE CONTRACT EXAMPLE
PARTIES
VENDOR:........................................................................... BUYER :............
...... ...................... Municipality ..................................... THREADER........ ISLAND......... At the address of the PARCEL the following qualifications are indicated ........ block......... is the contract for the construction of the independent section numbered and the transfer of the immovable property by the SELLER to the BUYER with the terms in the contract.
1) QUALIFICATIONS OF THE INDEPENDENT DEPARTMENT;
...... Block............ floor...... Independent section
Without fault of the SELLER outside of his authority and responsibility, such as force majeure and all kinds of extraordinary circumstances accepted in accordance with the legislation in force, delays in the permits required to be obtained from all official authorities and municipalities, delays that are not at fault of the SELLER, orders and prohibitions of the competent authorities, disruptions in materials and services whose construction and allocation belong to public institutions, stopping work at the science point determined by the official authorities due to extraordinary weather conditions any delays incurred will be added to the delivery time. .
ANNEXES TO THE CONTRACT
The site list, projects are an integral part of the contract.This contract, which consists of 8 (eight) articles, has been drawn up by the parties in two copies and signed on .../..../........
Turkey is a country that is in demand by foreigners both in terms of tourism and in terms of life sustaining. Real estate purchases are frequently made by foreigners to the extent permitted by law. With the Law No. 6302, which entered into force on May 18, 2012, the reciprocity requirement for housing purchases and sales in Turkey was abolished. This legal change has accelerated and increased the purchase of houses by foreigners in Turkey. According to TURKSTAT data, 39 thousand 663 houses were purchased by foreigners in 2017. This number continues to increase day by day. However, not every foreigner can buy the real estate he wants to the extent he wishes. Legal limits are set in the Land Registry Law. We have touched on all the limits and conditions in the subheadings.
Foreigners who want to buy housing (house) or land in Turkey should pay attention to the real estate purchase procedures and conditions. Wanting to buy real estate without adhering to the regulated conditions and transactions may cause the foreigner to lose rights.
The house buying procedures of foreigners are carried out within the framework of the legislation currently in force in Turkey. Accordingly, for foreigners to buy a house, just like other citizens, it depends on the transfer in the deed. This is subject to the formal form requirement by law. Accordingly, the real estate sales contract will be valid with the signing of the official deed and registration at the Land Registry Directorate. It is also possible to conclude a contract of promise for the purchase of housing. But as a difference, contracts for the promise of sale of immovable property must be made in the presence of a notary. The purpose of the contract of promise of sale of immovable property is to make a debt transaction but it is not yet desired to transfer the ownership to the other party. Contracts concluded without complying with the formal form requirements are null and void due to non-compliance with the form. The documents that foreigners must submit to the Land Registry Directorate when purchasing real estate are listed under the heading of "Documents Required for Foreigners to Purchase Real Estate". Upon completion of these documents and the positive outcome of the necessary examinations, a foreigner may obtain a real estate title deed in Turkey as a result of the registration process.
The purchase of houses by foreigners in Turkey is subject to certain conditions. It is possible to reach these conditions through the Land Registry Law. In order to get information about the conditions, it will be useful to consider the limits that we have indicated under the heading "Limits on the Purchase of Real Estate by Foreigners". Under this heading we will talk about conditions outside the borders.
The purchase of houses by foreigners in Turkey has been subject to a number of restrictions imposed by legal and precautionary decisions. According to Article 35 of the Land Registry Law No. 2644, a foreigner who wants to buy a house in Turkey can acquire a house in Turkey within these limitations. The existence of these restrictions is important for the integrity of the country's territory. If it is necessary to list the existing restrictions imposed with the legal and injunction decisions, it is possible to make a list as follows:
Buying a house in Turkey by foreigners is not a recognized right for every foreigner. For the interests and continuity of the country, the purchase of real estate in Turkey is prohibited for the citizens of some countries. Syrians are forbidden to buy houses in Turkey. However, it is known that the necessary legal arrangements for Syrians to buy houses in Turkey will come into force soon. In addition, Syrians can buy real estate on their relatives in order to buy a house in Turkey, or they can establish a foreign-capital company that is a legal entity and buy real estate through this company. With the completion of the necessary arrangements, citizens of the Syrian Arab Republic will also be able to buy houses.
We carry out the process of establishing a company and obtaining real estate by obtaining the necessary permits.
In order for foreigners to purchase real estate, first of all, the owner of the immovable property must make a preliminary application to the Land Registry Directorate. If there are missing documents in the preliminary application, the file is kept waiting, but if there are no deficiencies and defects, the documents required for the real estate sales process should be submitted to the General Directorate of Land Registry. We can count the required documents as follows:
There are certain fees paid for real estate purchases in Turkey. Foreigners who want to buy housing in Turkey can also own real estate on the condition that they pay these fees. We can list the types and amounts of fees published by the General Directorate of Land Registry and Cadastre as follows:
Foreigners who want to buy real estate in Turkey will be able to buy a house without losing their rights as long as they pay attention to certain issues. However, it is necessary to be aware of these issues, otherwise invalid transactions may occur. We can summarize the points that a foreigner should pay attention to when buying real estate as follows:
There are many foreigners who want to buy real estate in Turkey. There are many issues and stages that the foreigner who wants to buy real estate should pay attention to. Any stage that escapes attention or is subjected to an incorrect processing will have consequences against the stranger, perhaps causing an irreversible error. At the same time, it will be difficult for a foreigner who is far away from the elements such as language, culture and social life in Turkey to buy housing in Turkey or will result in loss of rights. For these reasons, a foreigner who wants to buy a house in Turkey should first consult with an experienced Foreigners Law Lawyer. Foreigners' lawyers will carefully follow all procedures for the foreigner who wants to buy real estate, arrange a contract for the sale of immovable property or the promise of sale of immovable property in favor of the parties. All procedures carried out with the foreigners' lawyer will be completed in the healthiest and shortest time and will help prevent loss of rights. As a result, a foreigner who wants to buy real estate should definitely work with an experienced Foreigners Law lawyer.
In real estate purchase and sale transactions, fraud, title deed transactions, lease agreements, all cases over the ownership of foreigners will be examined within the framework of Alanya real estate law. The office, which provides lawyers and consultancy services in this field, handles many cases in the field of property transfers, project development and investment, and carries out the process through in-kind or personal rights.
In the field of real estate law in Alanya, it is necessary to apply to real estate law for the preparation of many contracts, including land, residence and workplace. In this area, the rights arising from the sale and purchase transactions are examined, a common right area is opened between the persons and reflected in the contract. As a result of breaches of contract, there is also a preliminary contract that undertakes to transfer the deed. The promise of non-sale of immovable property through the right of ownership is MK. With the property right of Article 1008, it can be included in the litigation process. In this process, notaries and contracts are documents and are presented as evidence in the case. Heritage and property sharing are also examined in this area.
European Convention on Human Rights 1. Through the additional protocol, the obligation to provide effective protection mechanisms to e-government in cases of violation of property rights is given. Alanya real estate law for cancellation or registration of title deed H.M.K 12. It is opened at the place where the real estate is located through the article. These lawsuits are filed against the person whose name is on the title deed, they are filed and carried out on the basis of lack of legal capacity, abuse of power of attorney, being a family residence or the statute of limitations. As a field with a wide range of real estate, it contains many issues and branches of law and can progress based on actions and transactions. You can benefit from legal and consultancy services for cases in the field of cancellation and registration.
Construction contract and implementation
You can get detailed information by contacting lawyers who specialize in Alanya real estate law for the preparation of construction contracts or lawsuits in case of violations. In this area, where land share, project and floor cases are handled, the preparation of contracts is also carried out by lawyers. The sur-foundation license, the transfer to the land owner or the annotation in the land registry covers a large legal area through the promise of immovable property.
By getting legal advice in this field, you can learn the details about the contract process, litigation process and notary information, and you can learn the important issues for the preparation of the necessary documents and files in the project and construction area or for moving them to the legal field. Construction contracts, land and project transfers against the card are also examined in this area.
Title Deed Cancellation Due to Lack of Driving License
The term "incompetence", which is in the field of legal incapacity, is included in the judicial field as an appellate power according to the civil code. Being under the age of 18, being drunk or mentally weak during the cycle are also included in this area in old age. The case of cancellation and registration of the title deed also covers the areas of illegality, irregular and corrupt use, and the psychological state of the person is also examined in this case process. For example, bipolar affective disorder or mental illness has also been included in the field of law, which is designed to be examined in this field.
Alanya Real Estate Law and Consultancy Service
All advocacy and consultancy services in the field of Alanya Real Estate Law are carried out by experts. Real estate law, which covers a wide range of legal areas, also covers construction project, construction, purchase, sale, title deed cancellation and registration, incapacity or inheritance cases. Laws that are valid in many areas from the Turkish civil code to the law of obligations are also examined in this field and it is ensured that individuals or institutions receive their rights with the force of law.
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