Direct English Translation of the Turkish Citizenship Regulation Guide (Updated as of 01/02/2024)

Introduction

This Guide has been prepared to regulate the procedures and principles to be applied in title deed transactions related to acquiring Turkish citizenship through real estate investment, and to inform foreign individuals.

Certain prohibitions, restrictions, and conditions have been established in the relevant legislation regarding real estate acquisition by foreign individuals in Türkiye.

In addition, in order to prevent fraudulent transactions and to ensure the inflow of foreign currency into the country in applications for acquiring Turkish citizenship exceptionally through real estate acquisition, the provisions of the Regulation on the Implementation of the Turkish Citizenship Law and the opinions of the Commission formed with the participation of representatives of the relevant institutions have been used to determine these general acquisition conditions.

For applications based on real estate acquisition, the General Directorate’s determination will be decisive, and within this framework, a Real Estate Investment Determination Certificate (TYTB) will be issued. Acquisition of citizenship will depend on the evaluation and decision of the relevant Authority based on this certificate.

Foreign individuals who purchase real estate for the purpose of acquiring Turkish citizenship must carefully review the provisions of this Guide before proceeding with the purchase, to avoid any victimization due to not fully meeting the required conditions. Additional information may also be obtained from the relevant directorates and the special offices established in Ankara and Istanbul to follow the process of citizenship applications.

Legal Basis

This Guide has been issued pursuant to the authority granted by Article 20(9) of the Regulation on the Implementation of the Turkish Citizenship Law, which provides:
“The procedures and principles to be applied in determining whether the investment conditions specified in the second paragraph have been met shall be determined by the institution making the determination.”

Under Article 20(2)(b) of the Regulation, foreign individuals who purchase a property with condominium ownership or condominium servitude, or a plot of land with a building on it, worth at least 400,000 USD or equivalent foreign currency (amended by the Official Gazette dated 12/12/2023), with a restriction that it cannot be sold for three years annotated on the title deed, or who sign a notarized promise of sale contract for such property with full payment, may acquire Turkish citizenship by decision of the President, provided the purchase is verified by the Ministry of Environment, Urbanization, and Climate Change.

Historical Amendments

• 12/01/2017 – 18/09/2018: Minimum real estate value was 1,000,000 USD.

• From 19/09/2018 onwards: Reduced to 400,000 USD.

• From 07/12/2018 onwards: Promise of sale contracts allowed, with a minimum of 400,000 USD.

• From 06/01/2022: Payments had to be made in foreign currency sold to the Central Bank through a Turkish bank.

Real estate purchased before 12/01/2017, or promise of sale contracts dated before 07/12/2018, are not considered for citizenship applications.

Prerequisites for Application

For citizenship acquisition through real estate:

• Conditions specified under the Title Deed Law No. 2644and related legislation must be met.

• Only the individual applicant’s property acquisitionsare considered. Purchases made in the name of spouses, children, or companies owned by the foreigner are not counted toward the required value.

Property Requirements

As of 12/12/2023:

• The property must be registered as an independent unit under the Condominium Law No. 634, or, in the case of land plots, must have a permanent, legally approved building with an occupancy permit.

• Agricultural lands and undeveloped plots requiring a project within two years cannot be used for citizenship acquisition.

• Timeshare properties are not eligible.

Number of Properties

• There is no limiton the number of properties purchased, as long as the total value meets the minimum requirement.

• Promise of sale contracts must cover the entire required value in a single contract.

• Citizenship cannot be obtained through shared ownershipof a property.

Determining Investment Value

The following must separately meet the required minimum value (400,000 or 1,000,000 USD, depending on the date):

1. The sale price stated in the official deed or promise of sale contract

2. The appraised value in the valuation report

3. Bank transfer or payment receipts

Valuation Reports must be obtained via the TADEBİS-Web-Tapu system and remain valid for 3 months.

Foreign Exchange Purchase Document: Payments must be converted to USD or equivalent at a Turkish bank and sold to the Central Bank, with proof provided.

Bank Receipts must clearly show the payment to the seller or authorized party, and the property details.

Conditions Related to the Parties

• The property cannot be purchased from the applicant’s spouse, children, or close relatives.

• It cannot have been transferred in the last three years from another foreigner who acquired citizenship under the same program.

• It cannot belong to a company where the applicant or their family members are partners or managers.

• Each property can only be used oncefor citizenship acquisition.

Mortgaged and Restricted Properties

• Properties purchased with a mortgage can qualify only if the remaining paid amount meets the minimum investment requirement.

• Properties under legal mortgage cannot be used.

• Properties with annotations such as “promise of sale,” lawsuits, or restrictions are not eligible.

Real Estate Investment Determination Certificate

This certificate is issued by the authorized regional directorate and is essential for the citizenship process. It requires:

• A notarized declaration by the buyer promising not to sell the property for 3 years.

• Official annotation on the title deed reflecting this promise.

Termination of Undertakings

• The 3-year restriction is removed after the period expires, upon the owner’s request.

• If the investment certificate conditions were not met, the restriction may be lifted.

• If the property is transferred back to its previous owner after the 3-year period, the case may be referred for review.

Effective Date

This Guide entered into force on 01/02/2024.

Conclusion

The Guide on the Implementation of the Turkish Citizenship Law provides a comprehensive framework for foreigners seeking to acquire Turkish citizenship through real estate investment. To avoid potential legal risks, applicants must comply with all procedural requirements, from valuation reports and foreign exchange purchase documents to notarized undertakings and restrictions annotated on the title deed.

At Bayraktar Attorneys, we assist clients at every step of this process, ensuring compliance with the law and safeguarding their investment toward acquiring Turkish citizenship.