Buying off-plan property in Turkey, that is, buying a flat in a project not yet built, can offer price advantages for foreign investors but requires legal checks. The core rule: the project must have a building permit and a condominium easement (kat irtifakı), the contract must be a promise to sell drawn up by a notary (or a direct land registry transfer), and it must be annotated on the title deed. In pre-paid housing sales under Law No. 6502, the buyer has a 14-day right of withdrawal without giving reasons.
Author: Av. Egemen Yasin Şahalioğlu · Istanbul Bar Registration No. 66465 · Last updated: 06.11.2026
Short answer: 7 checks before you sign
- Is there a building permit and an approved architectural project?
- Has a condominium easement been established, with your flat defined as an independent unit?
- Is there a mortgage, attachment or injunction on the land?
- Is the contract drawn up by a notary (not just signature-certified)?
- Are the delivery date, delay compensation and guarantees written in?
- Are payments made by bank transfer with a foreign exchange purchase certificate?
- If citizenship is the goal, are the valuation report and annotation conditions met?
Table of contents
- What is an off-plan purchase?
- Why are a building permit and condominium easement required?
- What form must the contract take?
- Right of withdrawal and termination
- Delivery, delays and guarantees
- How to secure your payments
- Citizenship with an off-plan property
- Handover and title deed
- Frequently asked questions
- Official sources
What is buying off-plan property in Turkey?
In an off-plan purchase, the buyer pays all or part of the price before the flat is completed and receives it later. The law calls this a pre-paid housing sale (Consumer Protection Law No. 6502, Articles 40–46). For foreign buyers, the rules on buying property in Turkey as a foreigner also apply (military zone clearance, area and district limits, valuation report).
Why are a building permit and condominium easement required?
- By law, a pre-paid housing sale contract cannot be concluded with a consumer before a building permit is obtained and before a condominium easement is established on the land.
- The condominium easement defines your unfinished flat as an independent unit at the land registry, with its number and land share.
- The land registry record should be checked for the owner, mortgages, attachments and annotations.
- In flat-for-land projects, the contract between landowner and contractor and the authority to sell must also be reviewed.
What form must the contract take?
Real estate sales in Turkey require official form. For off-plan purchases there are two valid routes:
- Transfer of the condominium easement at the land registry: the flat is registered in the buyer’s name immediately; this gives the strongest protection.
- Promise-to-sell contract drawn up by a notary: a document merely certified for signatures is not enough; it must be drawn up by the notary and annotated on the title deed. The annotation makes your right enforceable against third parties if the seller tries to sell the flat to someone else.
A “reservation form” or ordinary written sales contract signed at the sales office does not meet the form requirement for a real estate sale. A sworn translator attends where the buyer does not speak Turkish.
Right of withdrawal and termination
- The seller must give the buyer a pre-information form at least 1 day before the contract.
- The buyer may withdraw within 14 days without reason and without penalty; notice is given through a notary.
- After that, the buyer may still terminate until delivery; the seller may then claim costs such as taxes and fees plus compensation of up to 2% of the contract price.
- These protections apply to purchases made as a “consumer”; in purely commercial bulk purchases consumer status may be disputed, which makes the contract terms even more important.
Delivery, delays and guarantees
- The contract should clearly state a fixed delivery date, the obligation to obtain the occupancy permit (iskan) and monthly compensation for delay.
- Sellers of pre-paid housing must provide a guarantee securing completion (building completion insurance or other guarantees listed in the regulation); ask for a copy of the policy.
- Net/gross square metres, specification list, amenities, parking and service charge principles should be annexed.
- Check the contractor’s contractor authorisation certificate and its delivery track record.
How to secure your payments
- Do not pay in cash; pay into the seller’s bank account, stating the flat number in the description.
- When foreign currency is converted to Turkish lira at a Turkish bank, obtain the foreign exchange purchase certificate (DAB); it matters for the citizenship application and for transferring sale proceeds later.
- Each instalment should match the payment schedule in the contract.
- See opening a bank account in Turkey.
Can you get Turkish citizenship with an off-plan property?
Yes, if the conditions are met. Turkish citizenship by investment requires real estate worth at least USD 400,000. For an off-plan purchase:
- The full price must be paid upfront and documented with bank records,
- A promise-to-sell contract must be drawn up by a notary and annotated on the title deed,
- A licensed valuation report must be obtained and the 3-year no-sale commitment recorded on the title deed.
What to check at handover and title deed stage
- Check that the occupancy permit has been issued and the condominium easement is converted into full condominium ownership.
- Record defects in writing in the handover report; notify hidden defects within the legal periods.
- Follow up the issue of the condominium title deed in your name and the removal of the promise-to-sell annotation.
- Complete compulsory earthquake insurance (DASK) and utility subscriptions; for annual costs see property tax in Turkey.
Buyers outside Turkey can handle every stage through a lawyer by title deed transfer by power of attorney. For project information, Property Time Istanbul can help.
Frequently asked questions
Can foreigners buy off-plan property in Turkey?
Yes. Foreigners can buy off-plan within the legal limits in projects that have a building permit and condominium easement.
Must the off-plan contract be signed at a notary?
Yes. Unless the condominium easement is transferred at the land registry, the promise to sell must be drawn up by a notary and annotated on the title deed.
Can I cancel an off-plan purchase?
In a pre-paid housing sale the buyer can withdraw within 14 days without reason; afterwards, until delivery, by paying costs and up to 2% compensation.
What if delivery is delayed?
The delay compensation in the contract and statutory remedies (performance, damages, termination) apply; an early legal assessment helps avoid missed deadlines.
Can I apply for citizenship with an off-plan flat?
Yes, if the USD 400,000 threshold, upfront payment, notarised promise to sell, title deed annotation and valuation report conditions are met.
When does the 5-year capital gains period start?
As a rule, from the title deed registration date; see capital gains tax in Turkey.
Official sources
- Consumer Protection Law No. 6502, Articles 40–46
- Regulation on Pre-Paid Housing Sales
- Land Registry Law No. 2644, Article 35
- Condominium Law No. 634
- General Directorate of Land Registry and Cadastre
Related articles
- Capital gains tax in Turkey
- Rental income tax in Turkey
- Property tax in Turkey
- Turkish citizenship by investment
Av. Egemen Yasin Şahalioğlu — attorney registered with the Istanbul Bar (No. 66465), practising since 2019. Egemen Global Law Office, Skyland Istanbul, Sarıyer. Consultations in Turkish, English, Arabic and Persian. Phone/WhatsApp: +90 532 276 80 85 · lawyer@egemenyasinsahalioglu.av.tr
This article is for general information only and does not replace legal advice on your specific case. No particular outcome is promised for any matter.