Do You Need a Lawyer for Title Deed Transactions in Turkey?
Title deed (tapu) transactions in Turkey, such as the sale of a property, the establishment of a mortgage or the registration of an inheritance, have significant legal consequences. In 2026, a proposal to make lawyer representation mandatory for high-value title deed transactions was widely discussed in Turkey. This article by Yetkiner Law Firm explains what was proposed, what the current rules are, how title deed transactions are carried out without the parties being present and what buyers, especially foreign buyers, should check before completing a purchase.
Is a Lawyer Mandatory for Title Deed Transactions in Turkey?
No. Under the current rules, there is no general requirement to be represented by a lawyer in title deed transactions in Turkey. Buyers and sellers can complete the transaction at the land registry office in person or through an attorney-in-fact appointed by a power of attorney. Using a lawyer remains optional.
The 2026 Proposal
In March 2026, the Minister of Justice announced that a requirement for lawyer representation in title deed transactions above a certain value was planned for the 12th Judicial Package. A threshold of 30 million Turkish lira was mentioned in public statements, and the stated aims were to reduce fraud, prevent defective contracts and increase the security of the land registry.
What Happened to the Proposal?
The 12th Judicial Package was adopted by the Turkish Grand National Assembly and published in the Official Gazette on 31 July 2026 as Law No. 7589. The lawyer requirement for title deed transactions was not included in the final text. Title deed transactions can therefore still be completed without a lawyer. Since the proposal may come back on the agenda, the current legislation should be checked before a transaction.
Completing a Title Deed Transaction Without Being Present
Buyers and sellers who cannot attend the land registry office in person, including those living abroad, can be represented by an attorney-in-fact:
- Power of attorney issued in Turkey: A power of attorney for title deed transactions must be issued by a Turkish notary and must specifically authorise the relevant transaction, including the property details where possible.
- Power of attorney issued abroad: It can be issued at a Turkish consulate, or by a foreign notary with an apostille and a sworn Turkish translation.
- Photographs and identity: Powers of attorney for title deed transactions generally require the principal’s photograph and identification details.
Because a power of attorney for title deed transactions gives broad authority over a property, its scope should be drafted carefully and limited to the intended transaction.
What Should Buyers Check Before Buying Property in Turkey?
Whether or not a lawyer is used, the following points should be checked before a purchase:
- Title deed records: Whether the property is subject to a mortgage, attachment (haciz), annotation (şerh) or other restrictions.
- Ownership structure: Whether the property is fully owned by the seller or co-owned, and whether all owners will sign.
- Zoning and occupancy permit: Whether the building has a valid construction permit and occupancy permit (iskan), and whether there are unauthorised alterations.
- Declared value and taxes: Title deed fees are generally paid at 2 percent each by the buyer and the seller on the declared value, which should not be lower than the official minimum value. Declaring a lower value than the actual price can cause tax problems and weaken the buyer’s position in a later dispute.
- Payment security: Payment should be made in a traceable way, such as by bank transfer, and preferably at the time of transfer.
- Compulsory earthquake insurance (DASK): A valid compulsory earthquake insurance policy is required for title deed transactions involving buildings.
Additional Points for Foreign Buyers
Foreign nationals can acquire real estate in Turkey subject to certain restrictions. In practice, foreign buyers should note that:
- A valuation report prepared by a licensed valuation company is required for sales to foreigners.
- The land registry checks whether the property is located in a military or security zone where acquisition by foreigners is restricted.
- Documents in a foreign language must be translated into Turkish by a sworn translator, and a translator may be required at the land registry if the buyer does not speak Turkish.
- Buyers applying for Turkish citizenship by investment must meet additional requirements regarding the value of the property and proof of foreign currency payment.
For the general rules on acquisition of property by foreigners, see The Acquisition of Real Estate by Foreigners in Turkey.
Frequently Asked Questions
Is a lawyer mandatory when buying property in Turkey?
No. The lawyer requirement proposed in 2026 was not included in the 12th Judicial Package, and title deed transactions can be completed without a lawyer.
Can I buy property in Turkey without travelling to Turkey?
Yes. The transaction can be completed through an attorney-in-fact appointed by a power of attorney issued at a Turkish consulate or by a foreign notary with an apostille and sworn translation.
Who pays the title deed fee in Turkey?
Under the law, the title deed fee is generally paid at 2 percent each by the buyer and the seller on the declared value. The parties may agree on a different allocation between themselves.
What happens if the property has a mortgage or attachment?
The annotation remains on the title deed after the sale unless it is lifted. Such encumbrances should be cleared before or at the time of transfer, or their consequences should be clearly agreed between the parties.
Disputes concerning co-owned or inherited properties are explained in Partition of Co-Owned Property in Turkey. Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish on real estate transactions and real estate disputes. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
