Alanya Real Estate & Property Lawyer

Alanya Real Estate Lawyer: Title Deed (Tapu), Due Diligence & Property Litigation

Real Estate Legal Assistance for Foreign Buyers in Alanya

An Alanya real estate lawyer can review a property, seller and contract before money is transferred or a title deed is accepted. Foreign buyers and owners may also need assistance with construction delays, defective property, cancellation, recovery claims and disputes concerning title or possession.

Attorney Enes Nergiz is registered with the Antalya Bar Association under registration number 6281 and provides legal assistance in English, Russian and Turkish.

Due Diligence Before Purchase

A legal review should be independent from the seller, developer and estate agent. Depending on the transaction, the review may cover the title-deed record, mortgages and attachments, zoning and construction documents, the seller's authority, contractual payment conditions and restrictions affecting foreign ownership.

A deposit or private sales contract does not itself replace the official title-deed transfer. Payment stages, delivery conditions, penalties, cancellation rights and the method of resolving disputes should be recorded clearly before signature.

Property Matters We Assist With

Title-deed and encumbrance checks
Review and negotiation of sale and construction contracts
Representation at title-deed transactions
Delayed delivery and incomplete construction
Defective property and repair disputes
Cancellation and recovery of payments
Ownership, possession and boundary disputes
Property matters connected with inheritance or divorce

Buying Property by Power of Attorney

A buyer who cannot attend in Turkey may appoint a lawyer through a properly issued power of attorney. The document should define the authorised acts carefully. Before signing abroad, the required form, apostille or consular process and Turkish translation should be confirmed.

Documents for an Initial Review

Draft or signed sales contract and payment receipts
Title-deed copy and property details
Seller or developer company information
Correspondence with the seller, developer or agent
Delivery records, photographs and expert reports where relevant

Frequently Asked Questions

Does a title-deed copy prove that the property is free of debt?

No. Current land-registry records and other relevant restrictions should be checked close to the transaction date.

Can a foreign buyer recover payments after cancellation?

The available claim depends on the contract, payment evidence, breach, applicable consumer or civil-law rules and the seller's assets.

Should I use the developer's standard contract?

It should be reviewed before signature. Standard terms may not adequately protect the buyer regarding delivery, penalties, defects or refund rights.

For inheritance involving Turkish property, see our Alanya inheritance lawyer page. For general services, visit the Alanya lawyer page.

Contact

For an initial document assessment, call +90 553 417 23 13 or email [email protected].

This page provides general information and does not constitute legal advice. Property transactions and disputes require review of current official records and documents.

Key Legal Summary & Statutory Framework (Turkey & TRNC)

Legal Matter	Primary Legislation	Competent Authority / Court	Statutory Deadline / Rule
Title Deed (Tapu) & Real Estate	Turkish Civil Code No. 4721 (Art. 706) & Registry Law No. 2644	Land Registry Directorate & Civil Courts of First Instance	Official Tapu or Notary form mandatory; informal contracts invalid for title transfer
Occupancy Permit (İskan) & Construction	Zoning Law No. 3194 (Art. 30) & Code of Obligations No. 6098	Municipality & Consumer / Commercial Courts	5-year defect limitation for building structures (longer for gross fault/fraud)
Residence Permits & Deportation	Law on Foreigners & International Protection No. 6458 (YUKK)	Presidency of Migration Management & Administrative Courts	7 days to appeal deportation (automatic stay); 60 days for permit rejection
Work Permits & Exemptions	International Labor Force Law No. 6735	Ministry of Labor & Social Security / Administrative Courts	30-day administrative objection window; 60-day judicial annulment action

Can a foreign national grant Power of Attorney (PoA) without traveling to Turkey?

Yes. Foreign clients can execute a Power of Attorney at any Turkish Consulate abroad or before a local notary public in their home country with an Apostille certificate under the 1961 Hague Convention, followed by certified Turkish translation and notarization.

How are court proceedings and administrative appeals handled for international clients?

Attorney Enes Nergiz (registered with the Antalya Bar Association under Bar No. 6281) represents foreign individuals and corporate investors before Land Registry offices, Migration Directorates, and Turkish Civil, Criminal, Family, and Administrative Courts with full written reporting in English, Russian, German, and Turkish.

Related English Legal Guides on enesnergiz.av.tr:

Alanya Real Estate Conveyancing & Property Litigation Overview

Attorney Enes Nergiz (Antalya Bar Association Reg. No: 6281) represents foreign buyers, sellers, and investors across Alanya, Mahmutlar, Oba, Kestel, Kargıcak, and Avsallar in all stages of property acquisition and real estate litigation.

Legal Issue / Procedure	Statutory Basis	Key Legal Requirement & Remedy
Pre-Contract Tapu & Encumbrance Audit	Land Registry Law No. 2644 Art. 35	Verification of mortgages (ipotek), liens (haciz), annotations, and military zone clearance
Occupancy Permit (İskan) & Kat Mülkiyeti	Condominium Law No. 634	Ensuring full condominium title deed and collective/individual habitation permits
Developer Delay & Contract Cancellation	Turkish Code of Obligations No. 6098	Title deed cancellation/registration (Tapu İptal ve Tescil) or full refund with statutory interest

Frequently Asked Questions

Can foreigners buy property in Alanya and hold 100% freehold ownership?

Yes. Under Article 35 of Land Registry Law No. 2644, foreign nationals from eligible countries can acquire full freehold ownership (Kat Mülkiyeti or Kat İrtifakı) in Alanya, provided the property lies outside military zones and within the statutory foreign quota.

What documents are mandatory before a Tapu transfer in Alanya?

A foreign buyer requires an SPK-licensed property valuation report, a Foreign Exchange Purchase Certificate (Döviz Alım Belgesi — DAB) issued by a Turkish bank, a municipal fair value certificate (Rayiç Bedel), compulsory earthquake insurance (DASK), and a sworn interpreter at the Alanya Land Registry.

Can my Alanya real estate lawyer complete the entire property purchase by Power of Attorney?

Yes. With a notarized and apostilled Power of Attorney (or one signed at a Turkish Consulate or Alanya Notary), our office signs the reservation/sale contract, obtains the DAB and valuation report, and registers the Tapu in your name without requiring you to travel repeatedly.

What legal remedies exist if a construction company in Alanya delays delivery of an off-plan apartment?

Under the Turkish Code of Obligations (Law No. 6098) and Consumer Protection Law (Law No. 6502), buyers can serve a formal notary default notice and file a lawsuit before the Alanya Courts for specific performance (Tapu registration), delay compensation, or contract rescission and full refund.

Does buying property in Alanya qualify for a Turkish Residence Permit or Citizenship?

Purchasing real estate worth at least $200,000 USD in eligible neighborhoods qualifies for a property-based Residence Permit under Law No. 6458 Art. 31/1-b, while real estate worth at least $400,000 USD held for 3 years qualifies for Turkish Citizenship by Investment under Law No. 5901.