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New Regulation Makes Real Property Acquisitions Easier for Foreigners

I. Current Situation Real estate acquisitions by foreign natural persons or by companies, which are established in their origin countries in accordance with that country’s law, are subject to the principals and procedures determined in the Ministry of Environment and Urban Planning (“Ministry”) ‘s circular dated 06.08.2012 and numbered 2012/12 (1734). According to the above mentioned circular: Concerning the purchase of real properties or limited real rights, the conditions for the foreigner’s purchase request is examined according to the foreigner’s citizenship and the published “list” indicating the countries whose citizens can acquire real properties in Turkey. In the event these conditions are met; the concerned real property is examined by the commandership which is authorised by the Turkish General Staff to determine whether the real property is within the Military Forbidden Zone or strategic areas defined in the article 28 of the Law numbered 2565. Further actions can only be carried out after these conditions are met and required approvals are obtained from the mentioned authorities.


 According to the article 35/5 of the Land Registry Law numbered 2644 as amended by the Law numbered 6302; The Ministry of National Defence shall report within one year at the latest from the date of entry into force of this Law to the Ministry with which the General Directorate of Land Registry and Cadastre is associated the map and coordinate values belonging to forbidden military zones, military security zones and strategic zones; the map and coordinate values belonging the change decisions regarding those zones shall be reported within one month from the date on which the changes have been made; the map and coordinate values belonging to private security zones and any change decisions regarding those zones must be reported to the same by the Ministry of Internal Affairs before the end of the same period. 


The land registry transactions shall be carried out in accordance with the documents and information to be sent in accordance with this subparagraph one year from the date of entry into force of this Law. 


II. New Regulation The New Regulation is in force now as stated in the circular of the Ministry which is sent to all Regional Directorate of Land Registry and Cadastre. 


This new practise is based on the article 15 of the memorandum of understanding signed between the Ministry of Public Works and Settlement, Turkish General Staff and Ministry of National Defence dated 05.05.2011. 


This article is as follows: “Until the works being carried out in accordance with this memorandum of understanding is completed, only parcel numbers will be examined and there will not be examination for each independent section concerning the acquisitions within the scope of article 35 and 36 of the Land Registry Law. “ Since the works, stated at article 35/5 of the Land Registry Law, are still being performed the procedures shall be carried out in accordance with the aforementioned provision of the memorandum of understanding. Therefore, in the event an examination is carried out and an approval for a real property is obtained after the date memorandum of understanding is signed, namely 05.05.2011; other acquisition transactions on the same map section/parcel shall be completed without having a new correspondence with the authorities. This new procedure is expected to make the real property acquisitions easier and faster for foreigners.