Legal situation regarding the acquisition of real estate in Turkey
The Land Registry Act 5444 of 07.01.2006 determines the current legal situation and regulations for the acquisition of real estate in Turkey.
The regulation is based on the principle of reciprocity. The principle of reciprocity guarantees citizens or legal entities (companies) of two different countries that they have the same rights in each other's country.
In addition, some other laws provide for limitations:
A foreigner can only acquire real estate in areas that already have a local development plan. Also in military, security or strategic zones it is not allowed for a foreigner to acquire a property.
A foreigner can only acquire up to 2.5 hectares (25,000 sqm) of land in Turkey. For areas of up to 30 hectares, permission from the Council of Ministers is required. In a province only 0.5 % of the total area can be acquired by foreigners.
Restrictions for legal entities (companies)
Acquisition of real estate in Turkey allowed for commercial organizations. The exception applies to various foundations, associations, societies, cooperatives, public institutions. It is important to note that under the Law on Foreign Direct Investment, the above restrictions are not valid for companies with foreign capital.
Inheritance Law in Turkey
In cases of immovable inheritance, such as real estate, land, condominiums, the Turkish inheritance law applies.
If a German citizen in Turkey leaves an immovable estate ( real estate ) in Turkey, the heirs need a Turkish certificate of inheritance to prove their right of inheritance.
This certificate of inheritance must be applied for by at least one heir at the Turkish civil court.
For this certificate of inheritance at least one of the heirs turns to any Turkish civil court and makes an appropriate application there.
If you inherit according to a will and the persons who receive a compulsory share are not entitled to inherit, it is necessary to produce a declaration of renunciation of inheritance.
The group of persons entitled to the compulsory portion includes the spouse, the children, the parents of the testator, but also the siblings.
Foreigners have to pay tax on an inheritance under Turkish law if they inherit assets in Turkey (regardless of the nationality of the testator).
The tax rate is between 1% and 10%.