Turkish Citizenship
by Property

Getting Started

• Bank account opening at private and public Turkish banks
• Power of attorney drafting and notarisation in Turkey
• Supporting the Turkish consulate process for power of attorney for those consulates that provide such services to non-Turkish citizens
• Power of attorney translation and notarisation for those issued by foreign authorities and apostilled or attested by the Turkish consulate

Property Due Diligence

• Reviewing İskan status (permit approving that the construction is completed in accordance with the official plans and submissions)
• Reviewing “takyidatlı tapu”, which is land registry records with full details
• Checking municipality and land registry records
• Reviewing all construction-related permits from public bodies
• Reviewing any third-party rights such as encumbrances, debt enforcement and other legal actions affecting the rights of the Seller or Client as the potential Buyer
• Reviewing the official property valuation reports obtained by the Seller
• Obtaining the official valuation report and reviewing it
• Providing an independent assessment of value considering the current real estate market dynamics in Istanbul, the Aegean and Mediterranean regions, as well as the rest of Turkey

Contractual Negotiations

• Negotiation of the payment for the 4% official costs, and agency fee where applicable
• Inclusion of assurances from relevant parties, on eligibility for citizenship and third party liabilities
• İskan related clauses, as well as payment terms which are critical for compliance with DAB requirements which is the next stage of the transaction

Conveyance

• Application for official valuation report
• Applying for DAB certificate
• Delivery of DAB certificate through KEP
• Reviewing bank transfer receipt details
• Coordination with bank officials and the land registry officials
• Ensuring that the date of transaction matches client requirements, latest by title transfer
• Submission of official valuation report, the transfer receipt and the DAB certificate at the Land Registry
• Reviewing land registry on spot, during transfer since it can be amended at any moment until the transaction.

Citizenship Application

• Receiving official confirmation of citizenship eligibility
• Application for residence permit
• Preparing application folder for residence permit
• Accompanying clients at biometrics appointment
• Requesting premium one-day residence permit service when needed
• Guiding clients for apostille and official attestation processes
• Submitting citizenship application folder
• Following through with the process until passports are received

The Client who was planning to obtain Turkish citizenship through property investment approached a developer in Istanbul selling apartments built through a gentrification project. Based on the Land Registry record provided, we informed the Client that the developer built the project based on a “kat karşılığı inşaat” agreement, which is a contract directly with the landowners. This required an assessment of their relationship. More crucially, we noticed a “haciz” notice on the land registry title that says that the developer had public debt. Upon enquiry the developer clarified that this is standard in gentrification projects and decided to give assurance that this will not affect the citizenship application. Nevertheless, we advised the Client not to proceed with the transaction, since such liabilities against third parties such as public authorities possess real risks, beyond the citizenship application.

The Client paid deposit for an apartment in a newly built project. We determined that the property lacks “iskan” which confirms that the project is built in accordance with the plans and documents approved by public authorities. This can only be confirmed once the entire project is built but this project was ongoing. The Client nevertheless wanted to proceed with the transaction since it was a profitable option for him. We convinced the Seller to provide assurances accepting liability for failure to obtain İskan within a time period set by us.

The Client engaged us before signing a deal to buy an apartment he planned to use to obtain citizenship. We found out that the selling company is not the original developer. This meant that the property was being sold twice. The original developer and the current owner engaged in a barter, which resulted in the transfer of the apartment. We informed the Client that this means that we cannot ensure that the relationship between the Developer and other parties will not affect his status in the future.