Can a Turkish citizen buy property in Italy?

Buying Property in Italy

Turkish citizens may generally purchase apartments, villas, holiday homes, commercial premises, offices and other categories of real estate recognised under Italian law.

Before completion, the Italian Notary carries out a comprehensive legal review of the transaction. This includes verifying ownership of the property, checking the continuity of title, reviewing cadastral and planning compliance, identifying mortgages or other encumbrances, confirming the applicable tax treatment and ensuring compliance with Italian anti-money laundering legislation.

Where agricultural land is involved, the ordinary Italian rules governing agricultural pre-emption rights and planning restrictions continue to apply.

Buying Through a Turkish Company

Companies incorporated under Turkish law may also acquire real estate or corporate interests in Italy.

Before completing the transaction, the Italian Notary will verify the company's legal existence, constitutional documents, the powers of its authorised representatives, the beneficial ownership structure where required by law and the documentation relating to the origin of the funds used for the investment.

Depending on the nature and purpose of the investment, establishing an Italian company may also represent an appropriate alternative.

Marital Property Regime

The matrimonial property regime is an important aspect of any cross-border real estate transaction.

Under Turkish law, the statutory matrimonial property regime is generally based on the participation in acquired property regime. As a general rule, each spouse retains ownership of his or her own assets during the marriage, while assets acquired during the marriage may become relevant for financial settlement if the regime comes to an end.

Turkish spouses may also choose a different matrimonial property regime by agreement where permitted by law.

Whenever international elements are involved, such as multiple nationalities, changes of habitual residence or a choice of applicable law, the Italian Notary will determine the governing matrimonial property regime in accordance with the relevant rules of private international law.

For this reason, nationality alone is never sufficient to determine ownership rights between spouses.

Marital Agreements

If the spouses have entered into a matrimonial property agreement, its legal effects should be carefully assessed before the purchase takes place.

Such agreements may significantly affect ownership rights and should therefore be examined together with the rest of the transaction documentation.

Powers of Attorney Executed in Türkiye

If a purchaser cannot travel to Italy, it is generally possible to complete the transaction through a power of attorney.

Powers of attorney executed in Türkiye may be used for Italian notarial transactions provided that they comply with the applicable legal requirements.

Before relying on such a document, the Italian Notary will verify the identity of the principal, the formal validity of the power of attorney, the authority before which it was executed, the scope of the powers granted and its suitability for the intended transaction.

Turkish Public Documents

Türkiye is a party to the Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents.

Accordingly, Turkish public documents intended for use in Italy generally require an Apostille, where prescribed by law.

The Italian Notary will verify in advance whether each document satisfies the formal requirements necessary for its use within the Italian legal system.

Translation of Documents

Documents issued in Türkiye that are intended to be used in connection with an Italian notarial deed will generally need to be accompanied by an appropriate Italian translation.

Particular attention should be paid to the spelling of names and personal details, especially where different transliterations appear in passports, civil status records or other official documents.

Before completion, the Italian Notary will verify that all documentation is internally consistent and legally suitable for use in Italy.

Cross-Border Successions

When an estate involves Turkish citizens or assets located in Italy, the applicable law will depend on the circumstances of the individual case and the relevant rules of private international law.

The deceased's habitual residence, nationality and any valid choice of law may all play an important role.

Obtaining legal advice before succession issues arise is often advisable in order to avoid uncertainty and future disputes.

Tax Considerations

Turkish citizenship does not create any special tax regime for purchasing property in Italy.

The ordinary provisions of Italian tax law apply, including any reliefs or incentives available where the statutory conditions are satisfied.

The taxation applicable to the transaction will depend on factors such as the nature of the property, the purchaser's circumstances and the characteristics of the acquisition.

How an Italian Notary Can Help

Buying property abroad often involves unfamiliar legal systems, foreign documentation and cross-border legal issues.

An Italian Notary can assist Turkish clients throughout the entire process by reviewing foreign documents, verifying the applicable matrimonial property regime, checking powers of attorney and ensuring that every stage of the transaction complies with Italian law.

Final Remarks

Turkish citizens may generally purchase property in Italy thanks to the reciprocity recognised between the two countries.

Nevertheless, every international transaction deserves careful legal planning. Particular attention should be given to the applicable matrimonial property regime, the correct preparation of foreign documentation and compliance with Italian anti-money laundering and tax legislation.

Seeking professional advice before signing a reservation agreement, preliminary contract or deed of sale is often the best way to ensure that the transaction proceeds smoothly and with full legal certainty.