استشارات الاستثمار الأجنبي قانون الهجرة قانون العقارات تصريح إقامةبيع شقة مستعملة في تركيا من الخارج | الإجراءات القانونية عبر التوكيل الرسمي

بيع شقة مستعملة في تركيا من الخارج | الإجراءات القانونية عبر التوكيل الرسمي

Legal overview of selling a second-hand apartment in Türkiye while residing abroad. Consular power of attorney, Webtapu application, tax payments, official transfer of sale price, and sale agreement preparation explained.

Owners residing abroad, whether Turkish citizens or foreign nationals, often encounter legal and administrative procedures when selling their second-hand apartments located in Türkiye. A common practical issue concerns how such transactions may be conducted without the physical presence of the owner in Türkiye.

Under Turkish law, real estate sale transactions may be completed through a duly authorized representative. Accordingly, it is legally possible for an owner residing abroad to complete the sale process without travelling to Türkiye.

1. Is It Possible to Sell Without Coming to Türkiye?

A real estate sale may be executed either personally by the owner or through a representative acting under a special power of attorney issued before a notary public or a Turkish Consulate.

An owner residing abroad may:

Apply to the nearest Turkish Consulate,
Execute a power of attorney including specific authority to sell the property,

thereby authorizing a lawyer in Türkiye to carry out the sale process.

In such case, the owner’s physical presence in Türkiye is not required.

2. Application Through the Webtapu System

Currently, real estate sale applications are initiated through the digital system of the General Directorate of Land Registry and Cadastre, known as Webtapu.

The attorney acting on behalf of the owner:

Submits the application via Webtapu,
Uploads required documentation,
Arranges the title deed appointment.

The process is tracked digitally and finalized at the relevant Land Registry Office.

3. Tax and Fee Obligations

The sale of a second-hand apartment may involve:

Title deed transfer fees,
Revolving fund charges,
Capital gains tax, depending on the specific circumstances.

These obligations may be fulfilled through the authorized representative. Tax liabilities should be assessed in light of the acquisition date, declared sale price, and other financial elements.

4. Bank Account and Transfer of the Official Sale Price

The secure and lawful transfer of the sale price constitutes a significant stage of the transaction.

If necessary, a bank account may be opened in Türkiye on behalf of the owner. This is particularly relevant for owners residing abroad who require a practical mechanism for receiving the sale proceeds.

The official sale price declared at the Land Registry is transferred in compliance with banking regulations, and the transaction process is reviewed from a legal standpoint.

5. Preparation of the Sale Agreement

Prior to the title deed transfer, it is advisable to execute a written sale agreement between the parties to ensure legal certainty.

Such agreement typically regulates:

The sale price,
Payment method,
Transfer date,
Rights and obligations of the parties.

Although ownership is formally transferred through registration at the Land Registry, the agreement defines the contractual framework between the parties.

خاتمة

Owners residing abroad are not required to travel to Türkiye in order to sell their second-hand apartments. By issuing a duly authorized power of attorney before a Turkish Consulate, the transaction may be completed in accordance with Turkish law.

Nevertheless, title deed procedures, tax assessments, transfer of funds, and contractual arrangements require careful legal evaluation. Proper handling of these stages contributes to the orderly completion of the sale and reduces the risk of future disputes.