Property Sale via Power of Attorney in Turkey: Legal Framework and Key Requirements

Private Clients

While the Bulgarian real estate market is experiencing unprecedented growth, neighboring countries such as Turkey are also developing their own real estate sectors at a comparable pace. Istanbul is one of those cities where property transactions occur frequently, and property values fluctuate continuously due to the city’s vast size. However, one constant remains: the strict requirements imposed by the Land Registry regarding the legal documentation that parties must provide, as well as the formal requirements related to the content of powers of attorney for representation, which are highly stringent.

In this article, we will examine the requirements set by the relevant authorities in Turkey for issuing a power of attorney, as well as the necessary content and formalities when the document is issued by a notary public in a foreign country, ensuring its validity and the intended legal effects for the principal.

Importance of a Power of Attorney (PoA) in property transactions

A power of attorney is a legal document through which the principal authorizes a representative to act on their behalf within the scope of the granted authority.

In this context, a power of attorney can be either general (granting broad authority) or specific (limited to property transactions and related operations, including determining and receiving the sale price).

For a PoA to be valid in Turkey, the law requires certification by a competent local authority. These include:

• A Turkish notary
• A Turkish consulate
• A notary public in a foreign country

Most legal professionals believe that execution before a Commissioner for Oaths, a practice common in the UK, Ireland, and some Commonwealth countries, is not acceptable in Turkey, despite the absence of an explicit prohibition, as this official is considered a local competent authority only in those jurisdictions.

Legal Framework and Key Requirements for issuing a Power of Attorney for property disposal in Istanbul by a foreign notary public

• The PoA must be issued in “ex officio” form (meaning it is drafted in the official language of the notary’s jurisdiction and goes beyond mere signature authentication; it cannot be bilingual, and if it is, a translation must be attached).
• It must include the identification details of both the principal and the attorney.
• It must include a recent photograph of the principal (taken within the last six months).
• The principal must sign the photograph, and the signature must overlap both the photo and the PoA.
• A notarized copy of the principal’s passport must be attached to the PoA.
• The principal must be physically present at the time of signing; remote execution is not permitted.
• The PoA must be signed before a notary public, then legalized and apostilled (if an apostille is required).
• After the PoA reaches Turkey, it must undergo notarized translation into Turkish by a sworn translator.

In Turkey, there is no restriction on selling multiple properties under a single power of attorney, as the document typically grants authority rather than imposing limitations.

Before proceeding with the issuance of a power of attorney for real estate transactions from abroad, ensure that you are aware of the Land Registry’s requirements in the district where your property is located. Additionally, work with a professional who has the necessary expertise to guide you through the process and assist with all required formalities.