Regulation :

Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law within the scope of subparagraph (b) of the second paragraph of the article:

"It is determined by the Ministry of Environment and Urbanisation that the Ministry of Environment and Urbanisation has purchased the immovable property amounting to at least 400,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira on the condition that it is annotated not to be sold for three years in the land registry records, or that the notarised contract stating that the sale of the immovable property for which condominium ownership or condominium easement has been established and for which at least 400,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira amount has been deposited in advance has been annotated in the land registry with the commitment that it will not be transferred and abandoned for three years" foreign persons may acquire Turkish citizenship by Presidential decree.
Three amendments to the Regulation entered into force on 12.01.2017, 19.09.2018 and 07.12.2018 amendments have been made.

According to this;

1- 12.01.2017-18.09.2018 value of the immovable/immovables purchased between 12.01.2017- 18.09.2018 1,000,000 United States Dollars (USD) in value,

2- The value of the immovable/immovables purchased/to be purchased after 19.09.2018 USD 400,000,

3- 07.12.2018 from the date then Sales promise contract The value of the immovable/immovables that have been/will be organised is USD 400.000, required.

Immovable/immovables purchased before 12.01.2017, which is the effective date of the first regulation made in the Regulation, and immovable/immovables subject to the sales promise agreement before 07/12/2018 will not be taken into consideration within this scope.

Legal Limitations :

Pursuant to Article 35 of the Land Registry Law amended by Law No. 6302, the citizens of 183 countries who can acquire immovable property in our country and the conditions of acquisition were determined by the Council of Ministers Decree and announced to all directorates with the circular numbered 2012/12 (1734) and integrated into TAKBIS.

Example: Since Syrian citizens cannot acquire immovable property in our country on behalf of their individuals, it is not possible for them to apply for citizenship through immovable property acquisition.

Foreign real persons may acquire immovable property in our country up to a maximum of 30 hectares and up to 10% of the area of the district that can be subject to private property, within the legal limitations.

Foreign real persons may purchase immovable properties in "Special Security Zones" with the permission of the Governorate and may issue a sales promise. However, they cannot purchase immovable properties in military prohibition and security zones or in other areas where foreign real persons are prohibited from acquiring immovable properties and cannot issue sales promises.

In our provinces where military prohibition and security zones are determined, since the registry of immovable properties is specified in the scope of Circular No. 2017/4 (1775), transactions are carried out according to the records in the land registry without any correspondence with the authorised commands in these provinces.

In this respect, foreigners who wish to acquire Turkish citizenship through sale or through a sales promise agreement (since sales promise agreements, which are in the nature of a pre-contract, are considered to be in the same status as sales) must first fulfil all the conditions for the acquisition of immovable property in terms of nationality and legal restrictions.

Since the Regulation covers the personal immovable acquisitions of foreign real persons, the immovable acquisitions of foreign real persons on behalf of their spouses, children, etc. or on behalf of the legal entity of the company in which they are a director/partner will not be considered within this scope.

Nature of The Immovable Property :

1-In the Sales Process:

There is no restriction on the nature of the immovables to be acquired through sale (residence, workplace, land, field, garden, etc.).

However, within the scope of the circular numbered 2013/15 (1752); in the agricultural land acquisition requests of foreigners, preliminary permits are obtained within the scope of agricultural legislation and a commitment to submit an agricultural project within 2 years, and in the case of unstructured immovable land, a commitment to submit a construction / building licence project to the relevant Municipality or institutions within 2 years.

In the event that the share in the shared immovable property is subject to the transaction; The official deed must be issued by adding the phrase "I am aware of the existence of the legal pre-emption right of other shareholders" and this issue must be explained to the parties.

2-In the Promise of Sale Transaction:

Contracts of promise of sale to be issued by a notary public are only for condominium ownership or condominium It is possible for immovable properties for which an easement has been established.

The independent section subject to the promise must be registered in the name of the promise debtor (promisor) at the time of the commitment request. In other words, the promise of the promise cannot be made. Commitment cannot be given for more than one sales promise agreement in an independent section.

Number of Immovable Properties :

There is no limitation on the number of immovable properties to be acquired through sale or subject to a promise of sale. It is important to have the value totals sought on the dates specified in the Regulation.

In this context, the sale of one / more than one immovable property from a Turkish citizen USD 1.000.000 or USD 1.000.000 after the acquisition or the execution of a sales promise agreement 400.000 USD, one / more than one person from a Turkish citizen It is possible to acquire immovable property through sale or to organise a contract of promise of sale.

Example 1: Foreign national A.A; After the sale of the independent section numbered 5, block 102, parcel 3, plot 3, Kültür Mah, Esenler district, Istanbul province, on 31.10.2018 with a value of 205,000 USD, the sale of the independent section numbered 7, block 1878, parcel 4, plot 4, Yeniçeri Mah, Osmangazi district, Bursa province, on 05.On 03.03.2019, 310.000 Turkish Lira (TL) was paid in advance on the same day as the price of the sales promise contract made in the form of arrangement at Bursa 14th Notary Public (CBRT effective sales rate dated 04.03.2019, which is the last working day before the payment day: 5,3959 with 57,451 USD), it is possible to reach the total value sought with (262,451 USD).

Example 2: Foreign national B.B; Antalya province, Kemer district, Sağlık Mah, block 105, parcel 9, parcel 9, independent section numbered 14, on 10.12.2018, after the payment of 182.000 USD value in advance of the sales promise contract made in the form of arrangement at Kemer 1st Notary Public, Antalya province, Korkuteli district, Çamlık Mah, block 101, parcel 2, detached residential immovable on 19.03.2019, it is possible to reach the total value sought (276.000 USD) with a sale transaction worth 94.000 USD.

Example 3: Foreign national C.C; Ankara province, Mamak district, Akdere Mah, 402 block, parcel 3, block B, independent sections numbered 8, 9, 10, made in the form of arrangement at Altındağ 7th Notary Public on 14.02.2019, 20.000 USD deposit on 16.01.2019 and 1.270.000 TL on 13.02.2019 (CBRT effective sales rate dated 12.02.2019, which is the last business day before the payment day: 5,2812 and 240.475 USD), it is possible to reach the sought value (260.475 USD) with the sales promise agreement.

Example 4: Foreign national D.D; Kocaeli province, Körfez district, Sanayi Mah, 302 block, 34 parcel, 1 numbered workplace was made in the form of an arrangement at Kocaeli 6th Notary Public on 24.01.2019 and the value of 1.070.000 TL was paid in advance on the same day (CBRT effective sales rate dated 23.01.2019, which is the last business day before the payment day: USD 200.686 with 5,3317) and the sales promise agreement of the independent section numbered 2, block 101, parcel 8, independent section numbered 2, Sedir Mah, Düzce province, made on 15.04.2019 at the 3rd Notary Public of Düzce in the form of arrangement on the same day, the value of TL 400.000 was paid in advance (CBRT effective sales rate dated 12.04.2019, the last business day before the payment day: 5,8018 and 68.944 USD), it is possible to reach the sought value (269.630 USD) with the sum of the sales promise contracts.

As a result of reaching the value sought in the Regulation, the Land Registry Directorate, where the last transaction will be made or applied, receives commitments by evaluating the transaction files together within the scope of the legislation regarding out-ofjurisdiction title deed transactions. (ÖR:İ- Commitment Receipt)

Value Determination :

The sum of the sales price(s) declared in the official deed and/or the sum of the value(s) determined in the sales promise, the sum of the value(s) in the valuation report and the sum of the value transfers/payments, i.e. the three types of value taken as basis for value determination, must separately meet the value of USD 1.000.000 or USD 400.000 required on the dates specified in the regulation

In the sale transaction; since the value will be determined based on the official deed declaration value, special attention should be paid to declaring the value by calculating the exchange rate and the fact that the official deed declaration value cannot be changed should be emphasised and explained to the applicants

1-Setup:

effective selling rate of the Central Bank of the Republic of Turkey (CBRT), published on its official website, is taken as the basis for the USD equivalent of the transactions madeTurkish Lira.
http://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Istatistikler/Doviz+ Ku rlari/Gosterge+Niteligindeki+Merkez+Bankasi+Kurlarii/

The CBRT exchange rates are determined at 15.30 on each business day. For this reason, the following exchange rates will be taken as basis in order not to cause exchange rate risks and problems in the transactions to be made. The Foreign Affairs Department is authorised to resolve exchange rate problems that may arise in relation to value determination.

a) Receipt Dry:

It is possible to determine the value in three different ways in the sale or sale promise transaction.

I. In finding the USD equivalent of the official deed (sale) value or the (TL) value determined in the sales promise agreement; the effective selling rate of the CBRT of the last business day before the day of the application for the sale transaction or the last business day before the notary sale promise agreement is issued is taken as basis.

II. In finding the USD equivalent of the official deed (sale) value or the (TL) value determined in the sales promise agreement; The value can be determined based on the exchange rate taken as the basis for the payment receipt (or receipts paid on the same day) that provides the USD value sought in the regulation before the sale transaction / sales promise agreement is issued.

III. However, if more than one receipt with different dates is submitted, there may be an exchange rate difference problem in finding the USD equivalent of the official deed (sale) value or the (TL) value determined in the sales promise agreement.

In this case, the determination of the value of the official deed (sale) value or the value determined in the sales promise agreement (TL) without calculating the equivalent in USD can be made as follows;

The (TL) value determined in the official deed (sale) value or the (TL) value determined in the sales promise agreement; (based on the CBRT effective selling rate of the last business day before each payment day) must not be lower than the receipt (TL) totals that provide the USD value sought in the regulation. In this way, it is also possible to determine that the required value is provided.

If there is a payment item (commission, expense, etc.) other than the immovable sale / contract price within the amount of the receipt taken as the basis for value determination in this way, provided that this transaction and its amount is specified in the description section of the receipt, this amount is deducted from the total receipt amount and the remaining receipt amount is taken as the basis for value determination.

Based on the CBRT effective selling rate of the last business day before each payment date, The sum of receipt (TL) values (253,252 USD) that meet the USD value required by the regulation 1.350.000 TL. In the sale transaction dated 19.04.2019, at least 1.350.000 TL value for BB number 5 In case of declaration, it is possible to determine the value sought.

c) Real Estate Valuation Report Kuru:

In the valuation report; In finding the equivalent of (TL) value in USD, the effective selling rate of the CBRT on the last business day before the date of the report is taken as basis.

Example: In the valuation report dated 11.03.2019 submitted for the sale application dated 08.04.2019, the current value of the immovable is: 1.375.000 TL. CBRT effective selling rate of the last working day before the report date (08.03.2019): 5.4724; (1.375.000 / 5.4724 = 251,260)

Report Value of the immovable: USD 251,260.

In the event that the valuation report is issued after the sale transaction (since it is not compulsory for all purchase and sale transactions made before 04.03.2019), the effective selling rate of the CBRT on the last business day before the day of the application for the sale transaction is taken as basis in finding the equivalent of the report (TL) value in USD.

Example: In the valuation report dated 25.04.2019, which was not presented in the application and sales process dated 04.02.2019, but presented during the commitment phase, the current value of the immovable is: 1.400.000 TL. The USD effective selling rate of the CBRT dated 01.02.2019, which is the last working day before the sale/application date: 5.2116; (1.400.000 / 5.2116 = 268,631)

Report Value of the immovable: 268, 631 USD.

2- Real Estate Valuation Report:

An immovable property valuation report showing the market value (current market value/current situation value) is required to be used in determining the value of USD 1.000.000 or USD 400.000, which is sought according to the acquisition date within the scope of the Regulation.

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

Valuation reports submitted at the time of application 3 months from the date of issue valid, and no new report will be requested for the transactions applied within this period.

The valuation report should be based on the value at the date of the report for the buildings that are actually completed on the ground, and on the value that will occur when the building is completed for the immovables that are not actually completed or whose construction is ongoing and for which a condominium easement is established.

Within the scope of Circular No. 2019/1, it is possible to determine the sale or sale promise value lower than the valuation report value. In this context, the valuation report is not binding within the scope of the legislation in force in terms of sales price and title deed fee base.

Before 04.03.2019, there is no obligation to submit a valuation report in all purchase and sale transactions made by foreign persons. For this reason, in the sales transaction or sales promise agreement that has not received a valuation report; the valuation report (if any) issued at most 3 months before the transaction (based on the CBRT effective sales rate of the last business day before the report date) can be taken as a basis for value determination.

Decont :

If the transfer/payment of the price of the sale or sale promise agreement is made through a bank; the fact that the price is deposited by the buyer or related persons to the account of the seller or related persons must be certified by the receipt approved by the banks (receipt with money order, EFT or blocked cheque). For transfers to be made from abroad, the receipt of the account to which the price is sent must also be submitted.

The date of the receipt may be after the date of sale in a sale transaction. However, the date of the receipt in the promise of sale must be before the contract is drawn up at the notary public or at the latest on the day of drawing up the contract. The payment receipt made after the date of issuance of the contract of promise of sale at the notary will not be taken into consideration as it will not be considered as "advance" payment. The receipt must be submitted with the commitment transaction and before the issuance of the certificate of conformity at the latest.

The Land Registry Offices will make a reasonable interest assessment as to whether the price transfer/payment has been made between the relevant persons (Attorney, Beneficiary of the Construction Contract in Return for Flat, Lien or Mortgage Creditor, Company Owner's Account, etc.), but in case of doubt, they will send the submitted receipt to the unit that will issue the certificate of conformity without making a relevance assessment.

It is possible to notify the transfer/payment of the price of the immovables owned by public institutions and subsidiaries such as TOKİ, Emlak Konut, etc. with an approved bank receipt or an official letter showing the amount of the price received.

With the Circular dated 15.10.2018 and numbered 2018/12 (1791) (abrogated), since it has been made compulsory to submit a receipt for the first time in transactions, the receipt of the sales transactions made before 15.10.2018 should be taken if it is submitted, and if it is not submitted, it should not be required to be submitted.

Instalment Sale :

1-In the Sales Process:

Instalment payments made after 12.01.2017, the date the Regulation entered into force, will be collected by calculating the exchange rate.

2-In the Promise of Sale Transaction:

Since the provision of the regulation on the sales promise agreement entered into force on 07.12.2018, sales promise payments before this date will not be taken into consideration. Provided that it is after this date, at least 400,000 USD or equivalent foreign currency or equivalent Turkish Lira amount must be paid in advance before the sales promise agreement is issued at the notary public and on the last contract signature date. Payments made after the contract signature date will not be accepted as they will not be considered as advance payment.

3-Sale and/or Promise of Sale Transactions Together:

In this context, the sale of one / more than one immovable property from a Turkish citizen USD 1.000.000 or USD 1.000.000 after the acquisition or the execution of a sales promise agreement In order to reach USD 400.000, it is possible to acquire one / more than one immovable property from a Turkish citizen through sale or to organise a sales promise agreement.

It is exemplified in the article "Number of Immovable Properties".

In the event that the two types of transactions are evaluated together in this way; the payment of the sales promise must be made in advance, the sum of the value determinations and the payments made must meet the value sought in the regulation.

Transactions Between Foreigners :

Immovable(s) subject to sale or promise of sale;

1- It must not be registered in the land registry in the name of foreign real persons. (The acquirer including the spouse and children of the foreign person)

2- By the foreign real person to be acquired by himself, his spouse and children 12.01.2017 must not have been transferred after the date.

However, after the transfer of the immovable registered in the name of a foreign real person after 12.01.2017 to a Turkish citizen/company, it is possible to be acquired by another foreign real person for the purpose of acquiring citizenship.

3- The company in which the foreign real person is a partner or manager should not be registered in the land registry in the name of the legal entity.

Foreign real persons who have acquired Turkish citizenship through the acquisition of immovable property and whose MERNIS record contains the statement "Acquired Turkish citizenship in accordance with Article 12 subparagraph of the Turkish Citizenship Law No. 5901." will also be considered as foreigners in this context until the removal of the commitment.

(During the commitment period, it is not possible to sell the immovable properties of these persons with commitments. During the commitment period, it is possible to sell the noncommitted immovable properties of these persons (if any) to foreign real persons or Turkish citizens who do not intend to acquire Turkish citizenship, but it is not possible to sell to foreign real persons who want to acquire immovable properties for the purpose of acquiring Turkish citizenship).

Persons who have renounced Turkish citizenship with permission (Blue Card holders) will not be evaluated.

Turkish citizens who also have citizenship of another country (dual nationality) Turkish citizenship shall be taken as basis in the transactions to be made.

Mortgage And Lien :

1-In the Sales Process:

In case the immovable is acquired through a sale-mortgage transaction, the amount remaining after deducting the loan amount from the sale price in determining the value sought must be at least the amount sought in the regulation.

In sales with legal mortgages, the part paid in advance, except for the mortgage price, is at least as specified in the regulation. should be equal to the amount sought.

It is possible to sell with an existing mortgage or foreclosure. In this case, the foreigner should be informed about the mortgage and/or lien on the immovable property by the personnel performing the transaction.

2-In the Promise of Sale Transaction:

It is possible to give a commitment with a sales promise agreement for mortgaged or foreclosed immovable property. In this case, the foreigner should be informed about the mortgage and/or lien on the immovable property by the personnel performing the transaction.

Authority :

For the transactions to be made by proxy, the power of attorney must include the authority to give a commitment not to sell the immovable property for three years, or to state that this acquisition is for the purpose of benefiting from the Turkish Citizenship Law, or an authorisation for citizenship application or citizenship transactions within the framework of the Turkish Citizenship Law and the relevant legislation.

2-In the Promise of Sale Transaction:

Pursuant to Article 89 of the Notary Public Law, in the sales promise agreement made in the form of an arrangement; if there is a statement that this agreement is made for the purpose of acquiring citizenship [since it is known by the promise debtor (immovable property owner Turkish citizen / company) that the promise creditor (foreign real person) wants to buy the independent section in question for this purpose] and provided that it meets the other conditions, the commitment is obtained at the request of the promise creditor, without seeking the consent of the promise debtor.

If there is no statement in the contract that the immovable property is made for the purpose of acquiring citizenship, a commitment is obtained with the registration request of both parties.

Obtaining Commitment :

According to the principles of Value Determination, it should be determined that the required value is provided on the dates specified in the regulation and the commitment of the immovable that provides the required value (if more than one, the immovables should be evaluated together with a single journal) should be obtained. The commitment should not be taken before the required value is reached on the specified dates and should not be sent to the relevant authority for the purpose of issuing a certificate of conformity.

Example: G.G, a foreign national, purchased the independent section numbered 3 in Antalya province, Konyaaltı district, Sahil Mah, 101 block, 7 parcel, on 10.04.2019 with a value of 108.000 USD and as a result of the transaction, upon the statement that "he bought this immovable in order to gain Turkish citizenship and then he will provide the required value by purchasing another immovable" or upon the statement that "he bought this immovable in order to gain Turkish citizenship and he gave the commitment not to sell for 3 years on the other immovable he bought in Istanbul / Eyüpsultan 2 months ago or he can give it later", the commitment should not be taken and should not be sent to the relevant authority for the purpose of issuing a certificate of conformity.

1- In the Sales Process:

If the values declared in the sales transaction meet the value sought in the regulation, in the official deed;

"I undertake that I will not sell this immovable property/immovables that I have acquired for the purpose of acquiring Turkish Citizenship within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law for a period of 3 years."

In the registry of the immovable; "Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, there is a commitment that it will not be sold within 3 years from the date of acquisition / declaration (from the date of declaration if requested with the registration request document) ."

12.01.2017 from the date then through acquired and not taken Sales commitm ent on the immovable/immovables; valuation report, receipt and official deed with the cost of In the case where the value sought in the regulation is determined, the registration request document with the owner's request commitment is taken and indication is made by organising.

2-In the Promise of Sale Transaction:

If the values determined in the sales promise agreement meet the value sought in the regulation in the registration request document;

"Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, I undertake that I will not transfer and cancel the contract for the acquisition of immovable/immovable property for the purpose of acquiring Turkish Citizenship for a period of 3 years."

In the registry of the immovable; "Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, there is a commitment that the sale promise agreement will not be transferred and cancelled for 3 years from the date of annotation."

3- Complementary Transactions:

After 12.01.2017, it is possible to complete the value sought in the regulation in addition to the immovable/immovables acquired through sale or after 07.12.2018.

After the completion of the last complementary transaction; if the sum of the valuation report, receipt and official deed sales prices and/or sales promise prices meet the value sought in the regulation, a commitment is obtained with the registration request document for all immovables evaluated together (using out-of-jurisdiction title deed transactions when necessary) and the necessary indication is made.

4-In the Conversion of a Promise of Sale into a Sale:

If the sale is made during the 3-year commitment period of the sales promise, the official deed for the remaining period:

"I undertake that I will not sell this immovable/immovables that I have acquired for the purpose of acquiring Turkish Citizenship within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law for a period of ... (the period remaining from 3 years will be written) " .

In the registry of the immovable property; "Within the scope of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, there is a commitment that it will not be sold within ... (the period remaining from 3 years will be written) from the date of acquisition."

le 20 of the Regulation on the Implementation of the Turkish Citizenship Law, there is a commitment that the sale promise agreement will not be transferred and cancelled for 3 years from the date of annotation." is cancelled.

If the sale is made after the 3-year commitment period of the sales promise expires, no commitment is taken.

Cancellation of Commitment :

In cases where the commitment is received, but the Certificate of Conformity is not issued because the conditions are not met, the commitment is cancelled upon request by the authority authorised to issue the Certificate of Conformity.

After the issuance of the "Certificate of Conformity" and before the expiry of the 3-year commitment period, in case of a request for cancellation by the owner or the creditor of the sales promise, the request of the foreigner is made to the Provincial Directorate of Population and Citizenship. If the process of acquiring citizenship has been initiated, the abandonment request is not met.

The commitment entered in the declarations section within the scope of the Regulation, expiry of the three-year period In the event of a cancellation, it shall be cancelled upon the request of the owner or the sales promise creditor.

Transactions on Registered Immovable Property :

It is possible to establish all kinds of annotations and limited real rights in immovables with commitment. However, during the commitment period, the results of transactions that change the ownership of the immovable (forced sale, transfer, expropriation, etc.) are notified to the General Directorate.

Archiving and Notification of The Result of The Transaction :

As a result of the transaction; t h e official deed, sales promise agreement, registration request document and the identity/passport of the foreign person are archived within the scope of the principles of Circular No. 2017/3.

The valuation report and the approved receipt shall be scanned and transferred to electronic media according to the circular numbered 2017/3 and shall not be archived physically. In the application document, address, telephone and especially legible e-mail information is taken.

(Sales or sales promise contract price transfer/payment receipts will be sent, but title deed fee and revolving fund payment receipts and exchange rate information printouts will not be sent).

Transaction documents are sent to the unit that will issue the "Certificate of Conformity" via EBYS (attention should be paid to automatic internal distribution) with a cover letter.