Power of Attorney for Property Transactions in Turkey
A power of attorney is an official document authorizing another person to carry out specified actions on behalf of the person granting the authority. In Turkish real estate transactions, a buyer or seller may be represented through a power of attorney that satisfies the applicable requirements.
For international buyers living outside Türkiye, a properly prepared power of attorney can make it possible to complete certain procedures without travelling to Türkiye for every stage.
What Can Be Done Through a Power of Attorney?
The representative can only exercise the authority granted by the document. For property and title deed transactions, the power of attorney should contain sufficiently clear authority for the relevant procedure.
Depending on its scope, a representative may be authorized to:
- Purchase a specified property
- Submit and follow title deed applications
- Sign specified official documents
- Complete certain tax or administrative applications
- Handle specified utility or administrative procedures
- Sell property where clear authority to sell has been granted
Limiting the document to the authority genuinely required for the transaction can reduce unnecessary risk.
How Is a Power of Attorney Issued in Turkey?
A power of attorney can be prepared through a Turkish notary. For property or title deed matters, it must contain the authority required for the intended transaction.
If the person issuing the document does not understand Turkish, a sworn interpreter may be required during the notarial procedure.
Can a Foreign Power of Attorney Be Used in Turkey?
Yes. A power of attorney issued abroad can be used for Turkish land registry transactions if it satisfies the applicable formal requirements.
Powers of attorney can be prepared through Turkish consulates abroad. Documents issued by foreign notaries or other competent authorities may also be accepted when the required authentication and other formalities are satisfied.
What Should Be Checked for a Foreign Notarial Power of Attorney?
A document prepared by a foreign notary or competent authority may need to meet additional requirements depending on the country in which it was issued and the transaction for which it will be used.
Requirements can include:
- Clear authority for the relevant property transaction
- Applicable photograph and certification requirements
- An apostille or consular authentication where required
- A notarized Turkish translation
International agreements between Türkiye and the country of issue can affect the procedure. Current acceptance requirements should therefore be confirmed before preparing the document.
General or Specific Power of Attorney?
For real estate transactions, a document limited to the intended transaction and containing the necessary specific authority can often be preferable to unnecessarily broad authorization.
For example, authority can be limited to purchasing a particular property rather than granting unrelated powers.
What Should You Check Before Granting Authority?
- Choose a trusted representative or professional.
- Read and understand every authority granted in the document.
- Avoid granting unnecessary authority to sell, receive money or operate bank accounts.
- Where appropriate, limit the document to a specific transaction or property.
- Consider the duration of the authority and how it can be terminated.
- For foreign documents, confirm apostille, authentication and translation requirements in advance.
Can a Power of Attorney Be Revoked?
A power-of-attorney relationship can be terminated and authority can generally be withdrawn in accordance with the applicable legal procedure. However, revocation can have consequences for third parties and ongoing transactions, so notarial or independent legal advice may be appropriate.
How Much Does a Power of Attorney Cost?
Notary, translation, apostille and consular costs vary according to the document, country of issue and current tariffs.
It is therefore not appropriate to publish one permanent fixed price. Current charges should be confirmed with the notary, consulate or relevant service provider before the document is issued.
Buying Property in Alanya Through a Representative
International buyers who cannot be present in Alanya may be able to complete certain property procedures through an appropriately drafted power of attorney. The scope of that authority should be determined carefully before the transaction begins.
Alanya Home can assist with coordination of the property purchase process. Where legal drafting or advice is required, buyers should use a notary or independent legal professional.
This page is provided for general information only and does not constitute legal advice. Power-of-attorney, notarial, apostille, consular and land-registry requirements can vary according to the transaction and country in which the document is issued.
