Selling property in Turkey as a foreign owner

Many foreign owners decide to sell a home in Bodrum or elsewhere in Türkiye after years of ownership, after an inheritance or when they move away. A sale is easier to manage when the legal position of the property, the terms agreed with the buyer and the steps at the land registry are clear before a deposit is accepted. This guide sets out the points usually reviewed for a foreign seller. Advice and communication are available in English.

Start with the title and the records

The first step is to confirm what the land registry shows: the registered owners and their shares, any mortgage or other encumbrance, and any annotation that may affect a transfer. The details a buyer has been given should match the registry. Planning, permit and occupancy records are relevant because a buyer, a lender or the buyer’s adviser will usually examine them, and questions that are identified early can be answered before the sale is negotiated.

If the property is co-owned, every owner whose share is being sold needs to take part in the sale or authorise it. If a registered owner has died, the heirs’ position generally needs to be settled and registered before the property can be sold; see inheriting property in Turkey as a foreign heir. On a residential site, outstanding service charges and the management’s records are also worth checking in advance (unpaid service charges).

The sale is completed at the land registry

Under Article 237 of the Turkish Code of Obligations, a sale of immovable property is valid only if the contract is made in official form. A promise to sell, a repurchase agreement and an option to purchase are likewise not valid unless made in official form. A reservation form or a private agreement signed with a buyer or an estate agent is therefore not the transfer itself, and its effect should be assessed before anyone relies on it. See also form requirements for a promise to sell.

Deposits and preliminary terms

Before accepting a deposit, the seller should know what it secures, when the transfer is expected, which conditions must be met and what happens if either side withdraws. Agreed terms should be recorded clearly, including the price, the payment timetable, handover of keys and furniture, and responsibility for subscriptions and charges up to the transfer date. A common form used by an agent should be checked against the particular transaction rather than assumed to fit.

Selling while you live abroad

A foreign owner does not always need to travel to Türkiye for a sale. A power of attorney can authorise a representative to act at the land registry, but under Article 504 of the Turkish Code of Obligations a representative cannot transfer immovable property without special authority. If the representative is also to receive the sale price, that should be stated expressly, and the document must be executed and authenticated in a form the land registry will accept. See a power of attorney for Turkey from abroad. Names, passport details and property identifiers in the document should match the title records.

If the property is let

A sale does not end an existing lease. Under Article 310 of the Turkish Code of Obligations, if the leased property changes hands after the lease has been concluded, the new owner becomes a party to the lease. The buyer should therefore be told about the tenancy, and the handover of the security deposit, rent for the current period and the lease documents should be agreed. Properties used for short-term holiday lets are subject to their own permit rules; see short-term holiday lets.

Costs, taxes and the recorded price

Fees are payable at the land registry on a sale, and the allocation of costs between seller and buyer should be agreed in advance. Whether income tax arises in Türkiye depends on how and when the property was acquired and on the seller’s circumstances; the position in the seller’s country of residence may also need to be considered. These questions should be assessed with the current rates and a qualified tax adviser before the price and the transfer date are fixed. How the price is to be recorded at the land registry should be discussed before the appointment.

Receiving the sale proceeds

The order of payment and transfer should be agreed so that neither side is exposed: when the balance is paid, by what method, and what evidence of payment is provided at the land registry. Bank transfers create a clear record. If the proceeds are to be sent abroad, the bank’s documentation requirements should be checked early so that the funds are not delayed.

Documents for the initial review

A first review usually needs the title deed or title details, the seller’s passport, any existing power of attorney, the documents from the original purchase, the lease if the property is let, permit and occupancy information where available, and the site management’s statement of charges. Any draft agreement or reservation form received from a buyer or an agent should be sent before it is signed.

Discuss your sale in English

For an initial enquiry, briefly describe the property, the stage of the sale and where you are based. Please avoid sending sensitive documents until the office confirms what is needed. Email the office in English or call +90 532 292 26 38. See also property law in Bodrum and legal representation for foreign clients.

Legal framework: Turkish Code of Obligations No. 6098, Articles 237, 310 and 504. This guide is general information. Fees, tax consequences and land registry requirements must be checked for the particular property and transaction.