Turkish Citizenship by Investment Program – Last Update (30.05.2019)

OBJECTIVE AND SCOPE:

This guideline was prepared with a view to regulate the rules and procedures that will be implemented during the processes of the directorates of land registry and to inform foreigners about the acquisition of Turkish citizenship through the acquisition of immovable.

The rules and procedures that will be implemented at the directorates of land registry will be assessed under 14 main topics as mentioned below.

  1. Legal basis
  2. Legal restraints
  3. Characteristic of immovable
  4. Number of immovable
  5. Valuation
  6. Receipt
  7. Sale on installments
  8. Processes among foreigners
  • Mortgage and confiscation
  1. Authorization
  2. Obtaining Commitment
  3. Cancellation of commitment
  4. Processes on the registered immovable
  5. Archiving and notification of the result of process

 

A- LEGAL BASIS:

Within the scope of clause (b) of the second paragraph of Article 20 of the Regulation on the implementation of the Turkish Citizenship Law:

Foreigners,

“that have been confirmed by the Ministry of Environment and Urbanization of having purchased property worth minimum 250.000 US Dollars or equivalent foreign currency or equivalent Turkish Liras with the condition of annotating to the land registration not to sell these for three years and with the condition of annotating to the land registration not to cancel or assign the contract regulated by the notary concerning the commitment of the sale of the immovable of which the amount was deposited in minimum 250.000 US Dollars or equivalent foreign currency or equivalent Turkish Liras as bought or condominium or whose construction servitude was constituted”

shall acquire Turkish citizenship with the decision of the president.

Three amendments that entered into force on the dates 12.01.2017, 19.09.2018 and 07.12.2018 were made in the Regulation.

Accordingly it is required that;

1- the value of the immovable bought between the dates 12.01.2017 and 18.09.2018 has to be 1.000.000 US Dollars,

2- the value of the immovable bought/to be bought after the date 19.09.2018 has to be 250.000 US Dollars,

3- the value of the immovable whose preliminary contract for sale was regulated/is to be regulated after the date 07.12.2018 has to be 250.000 US Dollars.

Immovable bought before the date 12.01.2017 which is the date on which the first arrangement of the Regulation entered into force and immovable subject to preliminary contract for sale before the date 07.12.2018 will not be considered within this scope.

 

B- LEGAL RESTRAINTS:

With the decision of the Council of Ministers in accordance with Article 35 of the Land Registry Law amended with the Law No.6302, citizens of 183 countries that may acquire immovable in our country and their terms of acquisition were defined and were notified to all our directorates with the Notice No. 2012/12 (1734) and were integrated into the Turkish land registry and cadastre information system.

e.g.: Since Syrian citizens cannot acquire immovable under their name in our country, it is not possible for them to apply for citizenship by the acquisition of immovable.

Foreign natural persons may acquire maximum 30 hectares and up to 10% of district surface area that can be subject to private property within legal restraints in our country.

Foreign natural persons may purchase property within “Private Security Areas” and may set up a promise of sale with the permission of the governorate. However, it is not possible for foreigners to purchase immovable within military forbidden and security zones or within other areas where the purchase of immovable is not allowed for foreign natural persons and to set up a promise of sale.

Since an indication is inscribed in the registry of immovable within the scope of the Notice No. 2017/4 (1775) in our cities that are defined as military forbidden and security zones, processes are realized according to the records of the land registry without correspondence with the competent command in these cities.

In this regard, foreigners who wish to acquire Turkish citizenship have to fulfill all conditions to acquire immovable in terms of nationality and legal restraints by means of sale and preliminary contract for sale (since preliminary contracts for sale that have the characteristics of a preliminary contract are considered equally to the sale).

Since the regulation covers the acquisition of immovable of foreign natural persons, acquisitions of immovable in the name of other than the foreign natural person as his/her spouse, children or legal entity of the company he/she is the head/partner are not considered within this scope.

 

C- CHARACTERISTIC OF IMMOVABLE:

1- During the selling process:

There is no restraint on the characteristic of the immovable (residence, workplace, land, field, garden etc.) to be acquired by means of sale.

However, within the scope of Notice No. 2013/15 (1752); if foreigners demand to acquire agricultural land, a commitment to present an agricultural projects within 2 years and the necessary preliminary permissions within the scope of the Agricultural Legislations is necessary while a commitment to present a building license project to the relevant municipality or institutions within 2 years is necessary for unstructured immovable with the characteristic of land.

In the case where the share of joint-owned property is processed; it is required that the official bond is issued and this case is stated to the parties by means of adding the clause “That I know the existence of the legal pre-emption right of the other shareholders”.

2- During the process of promise of sale:

Preliminary contracts for sale to be set up at notaries are only possible for immovable with condominium or construction servitude.

The independent section subject to commitment, has to be registered under the name of the promiser. In other words, the commitment of the commitment is not possible. Commitment for more than one preliminary contract for sale cannot be given in an independent section.

D- NUMBER OF IMMOVABLE:

There is no limitation for the immovable to be acquired by sale or subject to a promise for sale. It is important that the required amount of value is available within the dates stated in the Regulation.

Within this scope, after acquiring one or more immovable from a Turkish citizen by sale or by setting up a preliminary contract for sale, it is possible in order to reach the

amount of 1.000.000 US Dollars or 250.000 US Dollars to acquire one or more immovable from a Turkish citizen by sale or by setting up a preliminary contract for sale.

Example 1: The foreigner A.A; After the sale of the independent section for the amount of 205.000 US Dollars in the city of Istanbul, Esenler District, Kültür Street, city block 102, parcel 3, No.5 on the date 31.10.2018, it is possible to reach the required total amount (262, 451 USD) if on the same day 310.000 Turkish Liras which is the cost of the preliminary contract of sale arranged in the 14th Notary Office of Bursa on the date of 05.03.2019 is paid in advance (the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment which is 04.03.2019 is 5,3959, thus 57, 451 USD) for the independent section in the city of Bursa, Osmangazi District, Yeniceri Street, city block 1878, parcel 4, No.7.

Example 2: The foreigner B.B; After the cost of 182.000 USD of the preliminary contract of sale arranged in the 1st Notary Office of Kemer on the date of 10.12.2018 is paid in advance, it is possible to reach the required total amount with the selling process of the immovable with the characteristic of detached house in the city of Antalya, Korkuteli District, Camlik Street, city block 101, parcel 2 with the value of 94.000 USD on the date of 19.03.2019.

Example 3: The foreigner C.C; It is possible to reach the required total amount (260, 475 USD) with a  preliminary contract of sale arranged in the 7th Notary Office of Altındag on the date of 14.02.2019 for the independent section in the city of Ankara, Mamak District, Akdere Street, city block 402, parcel 3, building block B, No.8, 9, 10 and with a non-refundable deposit paid on the date 16.01.2019 and a payment of 1.270.000 Turkish Liras on the date 13.02.2019 (the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment which is 12.02.2019 is 5,2812, thus 240, 475 USD).

Example 4: The foreigner D.D; It is possible to reach the required total amount (269, 630 USD) with a preliminary contract of sale arranged in the 6th Notary Office of Kocaeli on the date of 24.01.2019 for the independent section in the city of Kocaeli, Körfez District, Sanayi Street, city block 302, parcel 34, No. 1 whose amount of 1.070.000 Turkish Liras was paid on the same day in advance (the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment which is 23.01.2019 is 5,3317, thus 200, 686 USD) and a preliminary contract of sale arranged in the 3rd Notary Office of Düzce on the date of 15.04.2019 for the independent section in the city of Düzce, Sedir Street, city block 101, parcel 8, No. 2 whose amount of 400.000 Turkish Liras was paid on the same day in advance (the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment which is 12.04.2019 is 5,8018, thus 68,944 USD).

After the required by the Regulation amount is reached, the directorate of land registry where the last procedure will be realized or to which one applied, the commitment of the process files is taken thereby evaluating together within the scope of the regulation

with regard to the title deed transactions out of the area of jurisdiction. (e.g.: K- Commitment)

E- VALUATION:

The total of the sale price/prices stated in the official bond and/or the value/values stated in the promise of sale, the total of the value/values in the valuation report and the total of the transaction/price of cost, that means three types of value based on the valuation, have to procure the amount of 1.000.000 USD or 250.000 USD required in the dates in the Regulation separately.

During the selling process; since a valuation will be realised based on the statement value of the official bond, it is especially important to pay attention to make a calculation of rate while stating a value and it is important to underline to applicants that the statement value of the official bond cannot be changed.

1- Rate

The current exchange rate of the Central Bank of Turkey put forth on the official website is taken as a basis in order to find the USD equivalent for processes made in Turkish Lira.

http://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Istatistikler/Doviz+Kurlari/Gosterge+Niteligindeki+Merkez+Bankasi+Kurlarii/)

The CBT rates are determined every work day at 15.30. Thus, the below-mentioned rates shall be taken as a basis for processes in order to avoid rate risks and problems. The Foreign Affairs Directorate will be competent for the dispute resolution regarding rate problems about the valuation.

  1. a) Receipt rate:

If the receipt is paid in Turkish Liras (TL); the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment is taken as a basis to find the equivalent of the receipt value in US Dollars.

  1. b) Rate of Sale/Preliminary Contract for Sale:

It is possible to make valuation in three different ways for sale or promise of sale processes.

1. During the process of finding the USD equivalent of the official bond (sale) value or the value stated in the preliminary contract for sale (TL); the current exchange rate of the Central Bank of Turkey on the last work day before the day the application for the selling process is made or the day before the preliminary contract for sale is arranged at the notary is taken as a basis.

  1. During the process of finding the USD equivalent of the official bond (sale) value or the value stated in the preliminary contract for sale (TL); valuation can be made based on the rate before the selling process/arrangement of the preliminary contract for sale and for the payment receipt (or the receipts paid on the same day) that provides the required USD value of the Regulation.
  2. However, in the case where more than one receipt with different dates is presented, a difference in rate problem can occur during the process of finding the USD equivalent of the official bond (sale) value or the value stated in the preliminary contract for sale (TL).

In this case, the valuation can be made as follows without calculating the USD equivalent of the official bond (sale) value or the value stated in the preliminary contract for sale (TL);

The official bond (sale) value or the value stated in the preliminary contract for sale (TL); (based on the current exchange rate of the Central Bank of Turkey on the last work day before the day of payment) the receipt (TL) providing the required USD value by the Regulation cannot be less than the total. By this means it is also possible to determine the procurement of the required value.

Within the receipt amount based on such a valuation; if another kind of payment (commission, expense etc.) than the immovable selling/contract cost is found, valuation is based on the remaining receipt amount after this amount is discounted from the total receipt amount with the condition of indicating this process and its amount in the receipt explication part.

e.g.: Two receipts are presented during the BB selling process No.5 on the date of 19.04.2019.

Receipt Rates;

OrderImmovableDate of processReceipt Amount (TL)Date of rateExchange rate (USD)Payment (USD)
1BB No.520.11.20181.250.00019.11.20185,3407234,051
2BB No.504.12.2018100.00003.12.20185,207819,201

Total of the Receipt values (USD): 234,051 + 19,201 = 253, 252 USD

The total of the receipt (TL) value providing the required USD value (253, 252 USD) by the Regulation based on the current exchange rate of the Central Bank of Turkey on the last work day before each day of payment is 1.350.000 Turkish Liras. The required valuation is possible if a minimum value of 1.350.000 Turkish Liras for the BB No.5 process is stated during the selling process on the date 19.04.2019.

  1. c) Immovable Valuation Report Rate:

In the valuation report; the current exchange rate of the Central Bank of Turkey of the last work day before the date of the report is taken as a basis while finding the USD equivalent of the value (TL).

e.g.: The current state value of the immovable in the valuation report dated 11.03.2019 and presented on the selling application on 08.04.2019: 1.375.000 Turkish Liras. The current exchange rate of the CBT on the last work day before the date of the report (08.04.2019): if 5,4724 is taken as a basis; (1.375.000/5,4724 = 251,260)

The value of report of the immovable: 251,260 USD.

In the case where the valuation report (since it was not taken because it was not obligatory for all purchase and sale processes realized before the date 04.03.2019) is set up after the selling process; the current exchange rate of the CBT on the last work day before the date of the selling process application has taken place is taken as a basis to find the USD equivalent value of the report (TL).

e.g.: The current state value of the immovable, the valuation report of which dated 25.04.2019 was presented at the stage of taking a commitment, was not presented during the application on 04.02.2019 and the selling process: 1.400.00 Turkish Liras. The current exchange rate of the CBT on the last day before the date of the sale/application which is 01.02.2019: if 5,2116 is taken as a basis; (1.400.000/5,2116 = 268,631)

The value of report of the immovable: 268,631 USD.

2- Immovable Valuation Report:

An immovable valuation report is required showing the market value (current market value/current state value) in order to detect the 1.000.000 USD or 250.000 USD value according to the date of acquisition within the scope of the Regulation.

The immovable valuation report shall be taken from the real-estate appraisal companies published on the websites of the “Capital Markets Board (CMB) (http://www.spk.gov.tr/SiteApps/SirketIletisim/List/gds) or the “Turkish Appraisers Association (TDUB) (http://www.tdub.org.tr/Web/CompanyListForm.aspx?UID=a11d0b04-de56-4ab0-9bb8-7c2c8863ba92).

 

The valuation reports presented during the application are valid for 3 months after the date they were arranged and no new report is required for processes applied to during this duration.

In the valuation report; The value of the date of the report shall be taken as a basis for constructions the floor of which is finished and the value of the finished building shall be taken for immovable that are not virtually completed or the construction of which continues and that have a construction servitude.

Within the scope of the Notice No.2019/1, it is possible that the sale or promise of sale value may be determined as less than the valuation report value. In this context, the valuation report is not binding within the legislation in force with regard to the sale and title deed fees assessment.

It is not obligatory that foreigners present a valuation report during all purchase and sale processes realized before the date 04.03.2019. Thus, for selling procedures that have no valuation report or arranged preliminary contract for sale; (if available) a valuation report (the current exchange rate of the CBT on the last work day before the date of the report shall be taken as a basis) arranged maximum 3 months before the process might be taken as a basis for appraisal detection.

e.g.: (With respect to the valuation report, Rate and Appraisal Detection)

A bank remittance of 680.000 Turkish Liras was made (24.01.2019) for the BB sale value No.9 and its sale was realized (01.02.2019) with 680.000 Turkish Liras declared value.

In the valuation report (05.03.2019); the current state value of the BB No.9: 740.000 TL. The current state value of the BB No.10: 790.000 TL.

However, in order to reach 250.000 USD, a bank remittance of 730.000 TL and an application for sale was realized on the date 06.03.2019 for the BB No.10. The appraisal detection when the sale was realized with a price of 730.000 TL on the date 07.03.2019;

The USD current exchange rates of the CBT;

ImmovableDate of ProcessDate of rateExchange rate (USD)Process
BB No.901.02.201923.01.20195,3317Sale and Payment
BB No.905.03.201931.01.20195,2281Report
BB No.1005.03.201904.03.20195,3959Report
BB No.1007.03.201905.03.20195,3848Sale and Payment

Value of reports:

BB No.9; 740.000 / 5,2281 = 141,542 USD

BB No.10; 790.000 / 5,3959 = 146,407 USD

Total = 287,949 USD

Receipt and the Official bond sale value:

BB No.9; 680.000 / 5,3317 = 127,539 USD

BB No.10; 730.000 / 5,3848 = 135,566 USD

Total = 263,105 USD

F – RECEIPT:

The realization of the sale or promise of sale value transfer/payment via the bank; the receipt (bank remittance, EFT or the receipt with the certified check) confirmed by the banks that the price was deposited by the buyer or interested person into the account of the seller, has to be certified.

The date of the receipt can be after the date of sale in the selling process. However, the date of receipt in the promise of sale has to be before the contract is arranged at the notary or most lately at the date when the contract was arranged. The payment receipt realized after the arrangement date of the preliminary contract for sale at the notary will not be accepted since it will not be considered as a payment “in advance”. The receipt has to be presented together with its promissory transactions and at the latest before the arrangement of the certificate of conformity.

The Directorates of land registry concerning whether the value transfer/payment was realized among the relevant persons; the reasonable relevancy evaluation will be realized (assignee, the title holder of the construction contract in return for flat, confiscation or hypothecate creditor, the bank account of the owner of company etc.), however, the presented receipt will be sent to the unit where the certificate of conformity will be handed without an evaluation of legitimacy in case of uncertainty.

It is possible that the certified bank receipt showing that the value transfer/payment of the immovable in the possession of public institutions and associates like TOKI, Emlak Konut was realized or the official writing showing the price value can be declared.

Since with the Notice (abolished) No.2018/12 (1791) dated 15.10.2018 the presentation of receipt became obligatory, the receipt of selling processes before the date 15.10.2018 has to be taken and its presentation has to be made obligatory if not presented.

 

G- SALE ON INSTALLMENTS:

1- During the selling process:

Payments with installments after the date when the Regulation entered into force in 12.01.2017, will be summed up by making a calculation of exchange rate.

2- During the promise of sale process:

Since the provision of the Regulation regarding the preliminary contract for sale entered into force on 07.12.2018, promise of sale payments before this date will not be taken into consideration. With the condition of being after this date, before the arrangement of a preliminary contract for sale at the notary and at the latest on the date the contract is signed, minimum 250.000 USD or equivalent foreign currency or equivalent Turkish Liras have to be paid in advance.  Payments realized after the date the contract was signed will not be accepted since they are not considered payments in advance.

3- Executing the sale and/or promise of sale processes together:

In this context, after acquiring one/more than one immovable by purchase from a Turkish citizen or after the arrangement of the preliminary contract for sale, it is possible to acquire one/more than one immovable by purchase from a Turkish citizen or arrange the preliminary contract for sale in order to reach the amount of 1.000.000 USD or 250.000 USD.

Examples are found under the topic “D- Number of immovable”.

In the case where the two types of process are evaluated together; paying the promise of sale in advance, appraisal detections and the total of realized payments have to ensure the required value by the Regulation.

 

H- PROCESSES AMONG FOREIGNERS:

Immovable subject to sale or promise of sale;

1- Must not be registered in land registries under the name of foreign natural persons. (Including the spouse and children of the foreign purchaser)

2- Must not be transferred after the date 12.01.2017 by the foreign natural person himself/herself, his/her spouse or children.

However, after the transfer of immovable registered under the name of the foreign natural person after the date 12.01.2017 to a Turkish citizen/company, it is possible that another foreign natural person may acquire it for the obtainment of Turkish citizenship.

3- Must not be registered in land registries under the name of the partner or the legal entity of which the foreign natural person purchasing the immovable is the administrator.

Foreign natural persons that obtained Turkish citizenship with the acquisition of immovable and that have the clause “Acquisition of Turkish citizenship in accordance with paragraph b of Article 12 of the Turkish Citizenship Law No.5901”, will be considered as foreigners until the commitment is removed within this scope.

(The sale of registered immovable by these persons is not possible within the commitment performance period. If these persons own non-registered immovable, during the commitment performance period; they can be sold to foreign natural persons who do not seek to acquire Turkish citizenship or to Turkish citizens, however, the sale to foreign natural persons seeking to gain Turkish citizenship is not possible.)

Persons that cease to be a Turkish citizen with permission (Persons owning a blue card), will not be considered as foreigners in this scope.

If Turkish citizens own also another country’s citizenship (Dual citizens), their Turkish citizenship will be taken as a basis during the processes.

 

I- MORTGAGE AND CONFISCATION:

1- During the selling process:

If the immovable is acquired by the process of sale-hypothecate; in the process of finding the required appraisal, after deducting the credit amount of the sale price, the remaining part has to be minimum the amount required in the Regulation.

In case of sales of legal mortgages; the amount paid in advance apart from the mortgage cost, has to be minimum the amount required in the Regulation.

It is possible to realize the sale in a seized state or together with the existing mortgage. In this case, the personnel conducting the process have to inform the foreign person about the mortgage and/or the seizure on the immovable.

2- During the promise of sale process:

It is possible to make a commitment with a preliminary contract for sale for mortgaged or seized immovable. In this case, the personnel conducting the process have to inform the foreign person about the mortgage and/or the seizure on the immovable.

 

J- AUTHORIZATION:

1- During the selling process:

During processes by procuration in the deed of trust together with the authority to purchase; a mandate regarding the authority to make a commitment not to sell the immovable for three years or that this acquisition is for the purpose of benefitting from the Turkish Citizenship Law has to be indicated or a mandate regarding the Turkish Citizenship Law and an application for citizenship or citizenship procedures within the frame of the relevant legislation have to be available.

2- During the promise of sale process:

In the preliminary contract for sale established in a statutory form in accordance with Article 89 of the Notary Public Act; if a clause indicating that this contract was formed with the aim of acquiring citizenship is found [since the commitment debtee (Turkish citizen/company owning the immovable) knows that the independent section in question is to be bought with this aim by the commitment creditor (foreign natural person)] and if the other conditions are also fulfilled, the commitment is taken with the demand of the commitment creditor without regarding the assent of the commitment debtee.

In the contract; if no clause indicating that the immovable is realized with the aim of acquiring citizenship, the commitment is taken with both parties’ demand for registration.

 

K- OBTAINING COMMITMENT:

According to the Valuation principles, the procurance of the required value stated in the Regulation has to be determined and the commitment of the immovable providing the required value (if the number is more than one, the immovable will be evaluated together as one journal) has to be obtained.

e.g.: The foreigner G.G; After the purchase of the independent section in the city of Antalya, Konyaalti District, Sahil Street, city block 101, parcel 7, No.3 on the date 10.04.2019 with the value of 108.000 USD and stating that “this immovable is purchased with the aim of acquiring Turkish citizenship and later another immovable will also purchased in order to ensure the required value” or that “this immovable is purchased with the aim of acquiring Turkish citizenship, that the commitment not to sell the other immovable in Istanbul/Eyüpsultan for 3 years was given 2 months ago or can be given later” after the process, the commitment must not be taken and must not be sent to the relevant institution to arrange a certificate of conformity.

1- During the selling process:

If the value stated in the selling process corresponds to the required value by the Regulation, in the official bond;

the following clause takes place:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, I guarantee that I will not sell the immovable I purchased with the aim of obtaining Turkish citizenship for 3 years.”

And a statement in the registry of the immovable as follows takes place:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, starting from the date of acquisition/declaration (if a certificate of incorporation is demanded, then starting from the date of declaration), a commitment not to sell the immovable within 3 years exists.

On immovable acquired by purchase after the date 12.01.2017 and immovable with no commitment; the commitment is taken and a statement is added with the condition of arranging a certificate of incorporation with the demand of the owner in the case where the required value by the Regulation is determined with the receipt and official bond cost.

2- During the promise of sale process:

If the values determined in the preliminary contract for sale correspond to the required value by the Regulation, in the certificate of incorporation;

The following clause takes place;

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, I guarantee that I will not transfer and cancel the contract regarding the acquisition of immovable I purchased with the aim of obtaining Turkish citizenship for 3 years.”

And a statement in the registry of the immovable as follows takes place:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, starting from the date of annotation, a commitment not to transfer and cancel preliminary contract for sale the immovable within 3 years exists.

 

3- Complementary Processes:

In addition to the immovable acquired through sale after the date 12.01.2017 or the preliminary contract for sale was conducted after the date 07.12.2018, it is possible to complete the value required by the Regulation.

After realizing the last complementary process; if the total of the valuation report, receipt and official bond sale price and/or sale commitment price corresponds to the required value by the Regulation, a commitment is taken and the necessary statement is made for all together evaluated immovable (by using title deed transactions out of the realm of authority when necessary) with the certificate of incorporation.

 

4- During the transformation of the promise for sale into sale:

If a sale is realized within the 3 year commitment of performance period of the promise of sale, in the official bond for the remaining time:

the following clause takes place:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, I guarantee that I will not sell the immovable I purchased with the aim of obtaining Turkish citizenship for a period of …. (the time remaining from 3 years will be written here).”

And a statement in the registry of the immovable as follows takes place:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, starting from the date of acquisition, a commitment not to sell the immovable within a period of ….. (the time remaining from 3 years will be written here) exists.

The following statement taking place previously in the registry of the immovable is cancelled:

“Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, starting from the date of annotation, a commitment not to transfer and cancel preliminary contract for sale the immovable within 3 years exists.

If the sale is realized after the 3 year commitment performance period of the promise of sale, no commitment is taken.

 

L- CANCELLATION OF COMMITMENT:

 

If the certificate of conformity was not given since the conditions of the certificate of conformity were not met even though the commitment was taken, the commitment is cancelled when the competent authority giving the Certificate of Conformity demands it.

 

After the “Certificate of Conformity” was granted and before the 3 year period is over, if the owner of promise of sale claimant demands a cancellation, the demand of the foreign person is made subject to the Provincial Directorate of Population and Citizenship Affairs. If the process of acquiring citizenship has started, the demand for cancellation is not valid.

The commitment registered in the statements within the scope of the Regulation, are cancelled upon the demand of the owner or promise of sale claimant when the three-year period is over.

 

M- PROCESSES ON THE REGISTERED IMMOVABLE:

All kinds of annotation and limited property right for immovable with commitment, is possible. However, process results changing the ownership of the immovable (compulsory sale, transition, expropriation etc.) without the demand of the owner within the commitment performance period, is reported to the General Directorate.

 

N- Archiving and notification of the result of process:

At the end of the process; the preliminary contract for sale, the certificate of incorporation and the ID card/passport of the foreign person is archived within the principles of the Notice No.2017/3.

The valuation report and certified receipt are scanned and transferred to electronic environment according to the Notice No.2017/3 and are not archived physically. The address, telephone number and especially the readable e-mail address in the application form is taken.

(The sale or preliminary contract for sale value transfer/payment receipts will be sent, however the title deed fees and the circulating capital payment receipts and the output of exchange rate information will not be sent.)

The documents of process are sent to the institution giving the Certificate of Conformity via the Electronic Document Management System (pay attention to automatic interior distribution).

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