Property law in Turkey, particularly concerning taşınmazlar (immovable properties), operates under a unique framework that merges modern legal principles with historical precedents. The Turkish Civil Code (Türk Medeni Kanunu) serves as the primary legislative foundation for all matters related to immovable properties.

Understanding Taşınmazlar Registration

The land registry system, known as ‘Tapu ve Kadastro’, forms the backbone of property ownership in Turkey. Every taşınmaz must be registered in this system, which operates under the principle of ‘açıklık’ (transparency). This registration process provides definitive proof of ownership and is managed by local land registry offices (Tapu Müdürlüğü).

Key Legal Considerations

Ownership Rights and Restrictions: Turkish law recognises various forms of property ownership, including individual ownership (mülkiyet), joint ownership (iştirak halinde mülkiyet), and shared ownership (paylı mülkiyet).

Foreign Investment Regulations: Non-Turkish citizens face specific restrictions when purchasing taşınmazlar, particularly regarding military zones and agricultural land.

Property Transfer Process: All property transfers must be conducted through official channels, with both parties present at the land registry office or represented by authorised proxies.

Best Practices for Property Transactions

When dealing with taşınmazlar in Turkey, consider these essential steps:

• Conduct thorough due diligence (tapu kaydı research)
• Verify zoning regulations (imar durumu)
• Check for any encumbrances (takyidat)
• Ensure proper documentation of all agreements

Conclusion

The legal framework surrounding taşınmazlar in Turkey requires careful attention to detail and proper understanding of local regulations. Whether purchasing, selling, or managing immovable property, professional legal guidance is often invaluable.

Esin Gürel, September 2024