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Trusted Real Estate Lawyer in Istanbul for Local and Foreign Clients

Real Estate Law falls under the scope of Civil Law and regulates matters related to immovable properties (e.g., houses, land, apartments, etc.). As an essential part of Property Law, real estate law can lead to complex cases due to its intersections with various other branches of law. Real estate cases are generally handled by Civil Courts and are filed in the courts located in the area where the property is situated. These cases can involve a broad legal framework.

Lawyers provide legal support in various areas, including real estate transactions such as buying and selling, leasing, drafting lease agreements, ensuring compliance with zoning laws, obtaining necessary permits and licenses, following up on title deed and zoning disputes, foreign property ownership rights, and property rights establishment. Investors in the real estate sector should seek expert advice on critical matters like compliance with zoning regulations and obtaining required permits. For more information on real estate law and related cases, you can continue reading our article.

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Table of Contents

What Is Real Estate Law in Turkey?

Real estate law in Turkey refers to the legal framework governing ownership, use, transfer, and management of immovable properties such as land, buildings, apartments, and timeshares. This branch of law ensures legal security in property-related transactions and resolves disputes through both administrative and judicial channels.

Real estate transactions in Turkey are primarily regulated by the Turkish Civil Code, Land Registry Law, and various zoning and tax legislations. The law protects the rights of both local and foreign property owners and outlines the formalities required for valid property transfers and registrations.

Key components of real estate law in Turkey include:

  • Ownership Rights: How a person or entity can legally possess real estate.

  • Possession and Use: Regulations on the rightful use of the property and obligations of the possessor.

  • Transfer and Sale Procedures: Legal formalities for transferring ownership through sales, inheritance, or donations.

  • Zoning and Planning Laws: Ensures that property development complies with municipal planning.

Whether it’s buying a residential apartment, investing in commercial land, or inheriting real estate, understanding the basics of Turkish real estate law is crucial—especially for international clients.

Thanks to the help of a bilingual real estate lawyer in Istanbul, navigating Turkish procedures becomes much easier, faster, and safer.

Key Legal Procedures in Turkish Real Estate Transactions

Real estate transactions in Turkey follow a structured legal process to ensure the validity and enforceability of property rights. Both local and foreign investors must adhere to these procedures to avoid potential legal disputes or financial losses.

Here are the key steps typically involved in a real estate transaction in Turkey:

1. Legal Due Diligence

Before any contract is signed, it’s essential to verify the property’s legal status:

  • Is the title clean and unencumbered?

  • Are there any mortgages, liens, or zoning restrictions?

  • Does the property match the land registry data?

This step is usually conducted by a real estate lawyer to ensure full transparency and minimize risks.

2. Preliminary Agreement

A preliminary sale contract outlines the agreed terms, payment schedules, and delivery timelines. While not mandatory, it offers legal protection if properly notarized.

3. Title Deed Transfer

The final sale and title deed (Tapu) transfer is done at the Land Registry Office. Both parties must be present or represented by a notarized power of attorney. Taxes and fees are also paid at this stage.

4. Zoning Compliance and Building Permits

The property must comply with municipal zoning regulations. Especially for construction projects, obtaining permits is mandatory before starting any work.

5. Registration and Notification

Once the transaction is complete, it is officially registered with the land registry, and relevant authorities are notified, such as the municipality for tax purposes.

By working with an experienced real estate lawyer in Istanbul, these legal procedures can be managed accurately and remotely when needed—especially for international buyers.

Title Deed Cancellation and Registration Lawsuits in Turkey

Title deed cancellation and registration lawsuits are legal actions taken to correct wrongful entries in the land registry. These lawsuits aim to cancel an invalid or fraudulent title registration and register the rightful owner instead.

Common Grounds for Lawsuits:

  • Fraud or Forgery: If a title transfer was made with forged documents or signatures.

  • Inheritance Disputes: When rightful heirs are excluded or overlooked in registration.

  • Erroneous Registrations: If property was mistakenly registered in the wrong person’s name.

  • Adverse Possession Claims: In some cases, long-term occupiers may claim ownership.

Legal Process Overview:

  1. Filing the Lawsuit: Initiated at the Civil Court of First Instance.

  2. Evidence Collection: Includes title documents, witness statements, and expert reports.

  3. Court Decision: If the claim is valid, the court will order the title to be canceled and re-registered in the name of the rightful party.

These lawsuits can take 1 to 3 years depending on the court’s workload and case complexity. However, with the assistance of a skilled real estate lawyer in Turkey, especially one who speaks English or Russian, foreign clients can manage the entire process remotely via power of attorney.

Lease Agreement Disputes and Eviction Lawsuits

Lease agreements in Turkey, especially in metropolitan areas like Istanbul, are governed primarily by the Turkish Code of Obligations. While rental relationships can be beneficial, disputes between landlords and tenants are not uncommon, and often require legal intervention.

Common Types of Lease Disputes:

  • Non-payment of Rent

  • Unauthorized Use of Property

  • Damage to the Property

  • Refusal to Vacate

  • Disagreement on Rent Increases

Types of Eviction Lawsuits:

  1. Eviction Due to Need (Article 350): When the landlord or their close relative genuinely needs the property.

  2. Eviction by New Owner (Article 351): When a new owner intends to use the property.

  3. Eviction for Two Justified Warnings (Article 352): If the tenant delays rent payments and is warned twice.

  4. Eviction via Undertaking (Article 352): If the tenant has signed a written commitment to vacate by a certain date.

  5. Eviction Due to Having Another Residence (Article 352): If the tenant or spouse owns another suitable home in the same city.

Legal Considerations:

  • Eviction lawsuits require proper documentation and must follow strict timelines.

  • Some cases can be settled through mediation, while others go directly to court.

  • Representation by a real estate attorney in Istanbul ensures that your case complies with Turkish legal procedures.

Especially for foreign landlords who reside outside of Turkey, all eviction and litigation procedures can be handled via a notarized power of attorney, eliminating the need for physical presence and allowing for smooth, legal resolution.

Construction Contracts in Return for Flat Agreements

Construction contracts in return for flat—known in Turkey as “kat karşılığı inşaat sözleşmeleri”—are among the most common legal arrangements in the real estate sector, especially in Istanbul and other major urban centers where redevelopment is prevalent.

What Are They?

These contracts are typically signed between:

  • Landowners, who provide the land;

  • Contractors, who construct the building and receive a share of the completed flats in return.

Key Legal Considerations:

  • Clear Division of Shares: The contract must specify which flats will belong to the contractor and which to the landowner.

  • Municipality Approvals: All architectural and zoning plans must be approved before construction begins.

  • Construction Timeline and Penalties: The contract should define construction stages, delivery deadlines, and penalties for delays.

  • Title Deed Transfers: Should be planned in phases or upon project completion.

Risks and Precautions:

  • Unclear or incomplete contracts can result in long legal battles.

  • Construction delays or quality issues can trigger disputes.

  • If the contractor fails to perform, the landowner may face difficulty reclaiming rights.

How Foreign Clients Benefit:

Foreign landowners or investors in Turkey can manage this entire process remotely via power of attorney. Our bilingual real estate lawyers in Istanbul (English and Russian) ensure that all legal documents are reviewed, all approvals obtained, and your property rights fully protected.

This type of agreement offers high returns but must be legally structured with precision to avoid future complications.

Real Estate Purchase and Sale Transactions in Turkey

Buying or selling real estate in Turkey involves multiple legal and administrative steps that must align with local laws. Whether you’re a foreign investor, an expat, or a Turkish citizen, proper legal oversight ensures a smooth and secure transaction.

Key Stages of a Real Estate Sale/Purchase:

  1. Preliminary Legal Review: Confirming the title deed status (free from liens or encumbrances), zoning plans, and compliance with Turkish property laws.

  2. Sales Contract Preparation: Includes details such as the sale price, payment method, transfer date, and tax responsibilities.

  3. Tapu (Title Deed) Transfer: Conducted at the Land Registry Office (Tapu Müdürlüğü), where both parties sign the official deed.

  4. Tax and Fee Payments: Includes title deed fees, VAT (if applicable), and other duties.

Important Considerations for Foreign Buyers:

  • Foreign nationals can only purchase real estate in permitted zones.

  • Power of attorney can be used to complete the entire transaction without the buyer being physically present in Turkey.

  • Legal support is essential for drafting bilingual contracts and safeguarding interests.

Services We Offer:

  • Legal due diligence on the property

  • Preparation and negotiation of the sales contract

  • Title deed transfer execution

  • Remote management via notarized power of attorney

  • Tax and compliance advice

Our English and Russian speaking real estate lawyers in Istanbul ensure that you complete your transaction transparently, safely, and in full compliance with Turkish law.

Partition Lawsuits (Dissolution of Joint Ownership)

Partition lawsuits—referred to in Turkish law as “ortaklığın giderilmesi davaları”—are filed when co-owners of a property wish to terminate joint ownership. This process is especially relevant when the parties cannot agree on how to divide or manage the property.

When Is a Partition Lawsuit Necessary?

  • After an inheritance, when multiple heirs inherit a property together

  • In joint real estate investments where the partners decide to separate

  • In divorce settlements where real estate is jointly owned

Types of Partition:

  1. Physical Division (Aynen Taksim): The property is physically divided among owners if suitable.

  2. Sale and Distribution (Satış Yoluyla Ortaklığın Giderilmesi): If division is not possible, the property is sold and the proceeds are distributed.

Legal Process:

  • Filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi)

  • An expert examination determines the divisibility of the property

  • If indivisible, the court orders a public auction or judicial sale

Services for Foreign Clients:

  • The entire process can be managed by our firm with a notarized power of attorney.

  • Clients are informed regularly in English or Russian, ensuring clarity and confidence throughout the case.

Partition lawsuits are one of the most frequent types of real estate litigation in Turkey and require professional legal oversight to ensure a fair outcome.

Purchase and Sale Agreements for Real Estate

Real estate transactions in Turkey must adhere to strict legal protocols, especially when it comes to purchase and sale agreements. A well-drafted contract prevents future disputes and protects both parties’ interests.

What Should Be Included in the Agreement?

  • Identification details of the buyer and seller

  • Description of the property (parcel number, location, size)

  • Agreed sale price and payment terms

  • Title deed transfer timeline

  • Rights and obligations of both parties

  • Penalty clauses for non-compliance

Important Pre-Contract Steps:

  • Conducting due diligence to ensure the property is free from liens, mortgages, or legal issues

  • Confirming the zoning status and building permits

  • Securing a valuation report (especially required for foreigners)

Title Deed Transfer:

Once the contract terms are agreed upon, the transfer of ownership is completed at the Land Registry Office (Tapu Müdürlüğü) with the issuance of a title deed in the buyer’s name.

How We Support:

  • Drafting bilingual contracts that align with Turkish law

  • Reviewing property documentation for accuracy and compliance

  • Guiding clients through every stage of the title transfer process

Legal support ensures that buyers avoid common pitfalls like fraudulent sellers, incomplete paperwork, or hidden encumbrances.

Mortgage Transactions and Legal Requirements

Mortgages (known as “ipotek” in Turkish law) are security rights established on real estate properties to guarantee the repayment of a debt. These transactions are especially sensitive in legal terms, as they affect ownership rights directly.

Establishing a Mortgage (İpotek Tesisi)

  • Can be established during property purchase or afterward

  • Requires mutual agreement and an official deed signed at the Land Registry Office

  • Must clearly state the amount secured, repayment terms, and the parties involved

Required Documentation:

  • Valid identity documents and tax numbers of parties

  • Power of attorney (if applicable)

  • Original property title deed

  • Official valuation report (for foreign buyers)

  • Loan agreement or notarized debt declaration

Mortgage Release (Fek İşlemi):

  • Once the debt is paid off, the mortgage must be formally removed from the land registry.

  • This requires a signed mortgage release letter from the creditor and an application at the Land Registry Office.

Our Legal Support Includes:

  • Drafting and reviewing mortgage contracts in line with Turkish legal requirements

  • Facilitating communication between creditor banks and the registry

  • Completing release procedures to prevent future disputes or delays in sale

For foreign property buyers, the legal intricacies of mortgage transactions demand expert supervision to avoid binding obligations or invalid documentation.

Remote Real Estate Transactions via Power of Attorney

One of the greatest conveniences for foreign investors in Turkey is the ability to carry out real estate transactions remotely using a notarized power of attorney (POA). This method enables buyers and sellers to avoid traveling and still manage legal property dealings securely.

When Is Power of Attorney Used?

  • Buying or selling property

  • Signing construction contracts

  • Applying for mortgages or title deed transfers

  • Filing lawsuits or handling disputes

Legal Steps:

  1. Drafting a Specific POA: Must clearly define the scope (e.g., right to sell, receive title deed, represent in court).

  2. Notarization Abroad: If signed abroad, it must be notarized and then apostilled or authenticated by the Turkish consulate.

  3. Translation and Registration: Once brought to Turkey, it must be officially translated and registered with the notary or land registry.

Digital Procedures:

With the development of Turkish e-Government infrastructure:

  • Some title deed applications can be submitted online.

  • Documents can be tracked through e-devlet (turkiye.gov.tr) portal.

  • Remote representation accelerates transactions and eliminates bureaucratic hurdles.

Our Office Handles:

  • POA drafting and verification

  • Communication with Turkish consulates

  • Complete document registration and legal execution

This service is especially valuable for clients residing in Europe, Russia, or the Middle East, allowing full property management without visiting Turkey.

Role of a Real Estate Lawyer in Istanbul

Navigating Turkish real estate laws and regulations—especially for non-citizens—requires more than just translation skills. A qualified real estate lawyer in Istanbul provides legal clarity, protects your rights, and helps prevent costly mistakes.

Why Do You Need a Real Estate Lawyer?

  • Property laws in Turkey are complex and frequently updated

  • Misunderstanding legal procedures can lead to financial loss or invalid contracts

  • Lawyers ensure that your investments are safe and legally compliant

Key Roles of the Lawyer:

  • Reviewing or drafting purchase/sale contracts

  • Verifying property title and ownership records (title deed checks)

  • Confirming zoning status, building permits, and property debt

  • Assisting in court cases or mediation for real estate disputes

  • Ensuring full compliance with foreign ownership regulations

Additional Legal Protections:

  • Prevention of fraud through document inspection

  • Escrow account management for secure financial transactions

  • Handling inheritance or co-ownership issues

Our Istanbul-based legal team not only provides the above services but does so in your language (English & Russian) to eliminate misunderstanding and improve decision-making.

Legal Risks for Foreign Property Buyers and How to Avoid Them

Buying real estate in a foreign country always involves some level of risk. For international investors in Turkey, understanding and avoiding legal pitfalls is key to securing a smooth and safe transaction.

Common Legal Risks:

  • Fake or duplicated title deeds (tapu sahteciliği)

  • Unlicensed real estate agents or unauthorized sellers

  • Properties with mortgages, liens, or tax debts

  • Improperly zoned lands being sold as residential

  • Signing contracts in Turkish without proper legal translation

How to Avoid These Risks:

  1. Work with a Licensed Lawyer

    • Always involve a real estate lawyer to vet all documents and verify ownership at the Tapu office.

  2. Avoid Verbal Agreements

    • All agreements must be in writing and preferably notarized.

  3. Use Escrow Services

    • Prevent fraud by keeping money secure until legal transfer is confirmed.

  4. Check Title and Zoning

    • Ensure there are no encumbrances, zoning violations, or pending lawsuits.

  5. Demand Due Diligence

    • Ask for previous title records, municipal approvals, and architectural compliance.

Our Support:

We offer full due diligence, document verification, and bilingual support (English/Russian), ensuring transparency and zero tolerance for legal ambiguity. With our experience, clients are protected from hidden legal dangers at every stage.

Legal Risks for Foreign Property Buyers and How to Avoid Them

Buying real estate in a foreign country always involves some level of risk. For international investors in Turkey, understanding and avoiding legal pitfalls is key to securing a smooth and safe transaction.

Common Legal Risks:

  • Fake or duplicated title deeds (tapu sahteciliği)

  • Unlicensed real estate agents or unauthorized sellers

  • Properties with mortgages, liens, or tax debts

  • Improperly zoned lands being sold as residential

  • Signing contracts in Turkish without proper legal translation

How to Avoid These Risks:

  1. Work with a Licensed Lawyer

    • Always involve a real estate lawyer to vet all documents and verify ownership at the Tapu office.

  2. Avoid Verbal Agreements

    • All agreements must be in writing and preferably notarized.

  3. Use Escrow Services

    • Prevent fraud by keeping money secure until legal transfer is confirmed.

  4. Check Title and Zoning

    • Ensure there are no encumbrances, zoning violations, or pending lawsuits.

  5. Demand Due Diligence

    • Ask for previous title records, municipal approvals, and architectural compliance.

Our Support:

We offer full due diligence, document verification, and bilingual support (English/Russian), ensuring transparency and zero tolerance for legal ambiguity. With our experience, clients are protected from hidden legal dangers at every stage.

Real Estate Disputes: Litigation vs. Mediation in Turkey

In Turkey, resolving real estate conflicts can proceed through two main channels: litigation (lawsuit) or mediation (alternative dispute resolution). Choosing the right path depends on the nature of the dispute, the parties involved, and the urgency of the matter.

1. Litigation (Mahkeme Davası)

  • Formal court process, generally takes 1–3 years

  • Suitable for:

    • Title deed cancellation and registration cases

    • Partition (dissolution of co-ownership)

    • Disputes involving forged documents or fraud

  • Results in legally binding verdicts

  • Appeals are possible, prolonging the case

2. Mediation (Arabuluculuk)

  • Faster and more cost-effective

  • Voluntary or mandatory depending on the issue (e.g. rental disputes require mandatory mediation)

  • Outcomes are not binding unless formalized

  • Recommended for:

    • Rent conflicts

    • Payment disputes

    • Minor contractual breaches

Pros and Cons:

Method Speed Cost Enforceability Privacy
Litigation ❌ Slow ❌ Expensive ✅ Yes ❌ Public
Mediation ✅ Fast ✅ Low-cost 🔶 Conditional ✅ Private

Our Advice:

For international clients, we usually attempt mediation first—especially if the goal is a quick resolution without court delays. If negotiations fail, we proceed with full litigation services, all managed under power of attorney.

Bilingual Legal Support (English - Russian) for International Clients

Understanding legal terminology is hard enough in your native language—imagine navigating complex Turkish real estate law in a foreign one. At ASB Partners, we eliminate this barrier by offering professional legal services in English and Russian.

Why Language Support Matters:

  • Miscommunication can lead to incorrect contracts or financial losses

  • You deserve to fully understand your rights, options, and responsibilities

  • Clear communication builds trust and legal confidence

How We Help:

  • All contracts, legal documents, and correspondence are provided in your preferred language

  • You can consult directly with our English-speaking or Russian-speaking real estate lawyers

  • We conduct real-time translations during meetings, court hearings, or notarized transactions

Our Multilingual Services Include:

  • Title deed and notary transactions

  • Real estate disputes and litigation

  • Inheritance-related property issues

  • Lease agreements and eviction proceedings

  • Remote legal services by power of attorney

With transparent communication and a deep understanding of both local law and international expectations, we guide you safely through every step.

FREQUENTLY ASKED QUESTIONS

Can foreigners buy property in Turkey?

Yes, citizens of most countries can buy property in Turkey, subject to reciprocity and zoning regulations.

No, transactions can be completed remotely through a notarized power of attorney. Our firm handles all procedures on your behalf.

Passport, tax number, title deed (if applicable), valuation report, and DASK (compulsory earthquake insurance) are standard requirements.

Risks include fake ownership claims, incomplete zoning records, and fraudulent contracts. Legal counsel is crucial to avoid these.

Yes, with a property investment of at least $400,000, you may apply for citizenship under the current regulation.

Depending on the issue, disputes may be resolved via mediation or litigation. We guide clients through the most effective legal path.

Reliable Real Estate Legal Services in Istanbul for Both Local and International Clients.

Navigate Istanbul’s real estate market with expert legal guidance. From property acquisitions to complex disputes, we provide strategic, risk-managed solutions tailored to local and international clients.

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