Real estate on the Turkish coast may seem like the perfect investment — sun, sea, and a steadily growing property market. Yet behind this appealing picture often lie complex legal nuances that buyers discover far too late. What should be checked before purchasing an apartment, and which potential risks real estate agencies tend to keep quiet about? This article breaks it down.
Key Legal Risks When Buying Property
Transaction security is the foundation of protecting your investment. Skipping proper due diligence can result in lengthy court disputes or even loss of ownership rights, which is why engaging a law firm in Antalya or other cities in Turkey is often essential. Below are some common issues foreign buyers frequently encounter.
Land Title History
Any apartment in the Republic of Turkey is legally linked to a share of the land on which the building stands. In some cases, before construction began, the land may have had a special status — for example, it may have been state-owned, classified as forest land, or protected as an archaeological site. There are known cases where, years after a residential complex was completed, building permits were revoked following lawsuits filed by environmental or cultural authorities.
Solution: order an extended land title check through the Cadastral Office and ensure that the plot is not classified as a Sit Alanı (protected area).
Mortgages and Encumbrances No One Mentions
The TAPU shows who owns the property, but it does not always reflect existing financial obligations. In practice, developers sometimes take out bank loans secured against the entire project, creating a collective mortgage. As a result, even if you pay the full purchase price, you may not receive the title deed until the developer fully settles its debt with the bank.
Solution: request an up-to-date extract from the Cadastral Office on the day of the transaction and verify that there are no encumbrances or liens on the property.
Transactions via Power of Attorney
Purchasing property through a power of attorney is common, but this is also where the highest number of fraudulent schemes occur. A power of attorney can be revoked at the last moment, and information about this is not always promptly updated in government systems. An additional risk involves forged documents issued outside Turkey. If a transaction is declared invalid, recovering the funds can be extremely difficult.
Solution: avoid sub-delegation and verify the validity of the power of attorney via e-Devlet or directly through the Notaries Union in real time.
Government Valuation and Its Hidden Pitfalls
For foreign buyers, an official property valuation is mandatory. However, appraisal reports often indicate a value below the actual market price. This may create complications when applying for a residence permit or citizenship under an investment program. Moreover, discrepancies identified by the appraiser between the actual layout and municipal plans (such as unauthorized alterations) may lead to administrative liability.
Solution: engage an independent appraiser before paying a deposit and compare the property’s area and layout with archived municipal plans.
How to Minimize the Risks
To ensure that buying property in Turkey does not result in financial loss, experts recommend:
- Working with a lawyer. A specialized attorney is responsible for legal due diligence and is well versed in all aspects of local legislation.
- Carefully reviewing the Iskan. This document confirms that the building was constructed legally and complies with current regulations.
- Making payments exclusively through banks. Always specify the contract details and the cadastral number of the property in the payment reference.
To secure comprehensive protection of your interests, consider the qualified assistance of Tuncay&Barcın Law Office. The firm specializes in legal support for real estate transactions in Turkey and provides a full range of services — from reviewing the seller’s documents to representing clients before government authorities. By working with the firm, you are investing not just in property, but in long-term legal stability and the protection of your capital.