Property Due Diligence and Tapu Transfer Lawyer in Oba, Tosmur and Kestel (Alanya)

Real Estate Transactions in Oba, Tosmur, and Kestel: Legal Comparison

Located immediately east of Alanya’s city center, the districts of Oba, Tosmur, and Kestel attract strong foreign demand due to their low-rise municipal architectural limits, proximity to the Dimçay River and Alanya Training and Research Hospital, and modern residential complexes. However, from a legal and immigration standpoint, these three neighboring districts are governed by markedly different rules. Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (directly opposite the Alanya Courthouse), conducts thorough pre-purchase due diligence and represents foreign buyers at the Alanya Land Registry (Alanya Tapu Müdürlüğü).

Open vs. Closed Zones: Oba and Tosmur vs. Kestel under Law No. 6458 (YUKK)

Foreign buyers purchasing a residential apartment with the goal of obtaining a short-term property residence permit (Taşınmaz İkamet İzni under Article 31/1-b of the Law on Foreigners and International Protection No. 6458) must verify the exact neighborhood status before paying any reservation deposit:

• Oba and Tosmur (Open Neighborhoods for Residence Permits): Both Oba and Tosmur remain open to first-time foreign residence permit applications based on real estate ownership, provided that the property is a residential unit with a valuation and Tapu purchase price of at least $200,000 USD (converted via a Central Bank Foreign Currency Purchase Certificate – Döviz Alım Belgesi / DAB).
• Kestel (Closed Neighborhood for First-Time Residence Permits): Despite bordering Tosmur along the Dimçay River, Kestel is classified as a closed neighborhood (Kapalı Mahalle) for first-time short-term and property residence permits. In Kestel, foreign buyers can acquire title deeds (Tapu) freely under Land Registry Law No. 2644 Art. 35, and properties in Kestel remain fully eligible for the $400,000 USD Turkish Citizenship by Investment program under Law No. 5901 (TVK), but a $200,000 purchase in Kestel will not grant a first-time property residence permit.

Zoning Verification, Habitation Permits (İskan), and Lien Clearance

Under the Turkish Civil Code No. 4721 (TMK) and Condominium Law No. 634 (KMK), our office verifies every legal and technical detail of properties in Oba, Tosmur, and Kestel prior to contract execution:

• Low-Rise Zoning and Commercial-Unit Conversions: In Kestel and Upper Oba (Yukarı Oba), developers occasionally convert ground-floor commercial depots (Depolu Dükkan) into duplex apartments. Under YUKK No. 6458 and TVK No. 5901, commercial units or unapproved mezzanine extensions cannot be used for residential İkamet, and lack valid residential Kat Mülkiyeti.
• TAKBİS Encumbrance and İskan Audit: We check for developer bank mortgages (İpotek), enforcement attachments (Haciz), and confirm that Alanya Municipality has issued the Habitation Permit (Genel İskan under Law No. 3194 Art. 30). Contact our Alanya Office or Contact page for representation.

Frequently Asked Questions (FAQ) on Buying Property in Oba, Tosmur, and Kestel

Can I obtain a Turkish residence permit by buying an apartment in Oba or Tosmur?

Yes. Oba and Tosmur are open neighborhoods for property-based residence permits under Law No. 6458 Art. 31/1-b, provided the residential property meets the $200,000 USD valuation and Tapu value threshold.

Why is Kestel treated differently from Oba and Tosmur for residence permits?

Because foreign resident registration in Kestel exceeded the 20% population threshold set by the Directorate of Migration Management, Kestel is closed to first-time short-term residence permits, though it remains open for the $400,000 Turkish Citizenship by Investment program.