The three-year annotation on a title deed is what separates an ordinary property purchase from one that qualifies for Turkish citizenship. It is entered at the land registry, at the transfer, on request — and an investor who is not present depends entirely on their attorney having the authority to ask for it. This article explains what the annotation is, how it is entered by an attorney, and what happens when it is missed.
What the annotation is
Article 20 of the Regulation implementing Law No. 5901 requires an investor relying on the real estate route to undertake not to sell the property for three years. That undertaking is not a private promise recorded in a contract. It is an annotation (şerh) entered on the title deed itself, in the land registry records, in prescribed terms.
Because it is on the register, it is public, it binds subsequent dealings, and the land registry will not process a transfer that conflicts with it. That is precisely why the state uses it: it is self-enforcing in a way that a contractual covenant is not.
Why it must happen at the transfer
The annotation is requested and entered as part of the transaction at the land registry. Nobody at the counter enters it on their own initiative — the registry records what the parties ask it to record.
An investor who completes a purchase without it owns the property and does not have a qualifying purchase. Whether the position can be corrected afterwards depends on the circumstances, and it is never as simple as returning to the counter the following week.
This is the single point at which a citizenship file most often goes wrong for reasons unconnected with the investment itself.
The clause the power of attorney needs
For an investor buying through an attorney, the document must authorise not only the acquisition but the annotation. In practice the text should empower the attorney:
- to acquire the immovable property on the principal's behalf;
- to agree and pay the price and to give receipt;
- to sign all documents and declarations at the land registry;
- to give the undertaking not to sell for three years and to request and have entered the corresponding annotation on the title deed for the purposes of an exceptional citizenship application;
- to obtain title deed records and registry extracts;
- to apply for cancellation of the annotation at the end of the period;
- to appoint a substitute.
The fourth item is the operative one. A document authorising a purchase in general terms will complete the transfer and leave the annotation unentered, because the officer has no authority before them to record an undertaking on the principal's behalf.
The sixth is worth including at the same time: three years later, cancelling the annotation is an administrative step, and an investor who still cannot travel will need someone authorised to do it.
The photograph, again
The power of attorney must carry the grantor's photograph, because it will be used at the land registry. A document without one is refused at the counter regardless of how well the authorities are drafted.
For an investor abroad this is not a small matter. Replacing the document means another consular appointment or another notary visit with apostille, and a transaction timetable built around an agreed completion date will not survive it.
The sequence for a remote purchase
- Title review before any deposit: ownership, encumbrances, existing annotations, whether the property was previously used for a citizenship application.
- Tax number for the investor, obtained online.
- Power of attorney drafted in Türkiye, executed at a consulate or before a notary with apostille, photographed, covering acquisition, price, annotation and cancellation.
- Bank account opened, funds transferred from the investor's own account abroad, converted with the foreign exchange purchase document obtained.
- SPK-licensed valuation obtained before the transfer, with margin above the threshold.
- Transfer at the land registry, with the annotation entered at the same appointment.
- Certificate of conformity from the ministry, then the residence permit and the citizenship application.
Note where the annotation sits: not as a follow-up step, but inside the transfer appointment. Everything else can be corrected afterwards at some cost. This cannot reliably be.
What the annotation restricts, and what it does not
It restricts disposal for three years. During that period the owner may live in the property, rent it out, renovate it, or leave it empty. Rental income is taxable in Türkiye and must be declared.
Mortgaging is more delicate: whether a lender will accept security over an annotated property, and whether the registry will accept the charge, depends on the circumstances. Take advice before relying on it.
Inheritance is not a disposal by the owner. Where the owner dies during the period, the property passes to their heirs, and the position should be reviewed rather than assumed.
At the end of three years
The undertaking expires by its own terms. The annotation's removal from the register is an administrative step — straightforward, but worth attending to a few weeks before any intended sale, because a purchaser's lawyer will want the register clear.
Citizenship already granted is unaffected by the sale. It was not conditional on the property being retained beyond the period.
If the annotation was missed
Take advice immediately rather than proceeding with the ministry application. The realistic options depend on whether the transfer can be supplemented, whether the seller will cooperate, and how much time has passed — and they narrow quickly.
What does not work is submitting the file and hoping. The ministry checks for the annotation, and its absence is not an oversight the officer can overlook.
Frequently asked questions
Is the annotation entered automatically? No. It is requested at the transfer.
Can my attorney enter it without express authority? No. The authority must appear in the power of attorney.
Can it be added after the transfer? Not straightforwardly. Take advice on the specific circumstances.
Does it prevent renting the property? No — it restricts sale, not use.
What happens if I try to sell within three years? The registry will not process a transfer conflicting with the annotation.
Who cancels it at the end? The owner or an authorised attorney, by application at the registry.
Does the annotation appear if I buy from a previous citizenship investor? A prior annotation may still be recorded, and the property's availability for a further application may be restricted. Check the register before committing.
One clause, one appointment
A citizenship purchase made through an attorney succeeds or fails on a clause in a document signed months earlier and a request made at a counter the investor never sees. Both are entirely within the control of whoever prepares the file.
Dural Hukuk drafts powers of attorney covering acquisition, annotation and cancellation, conducts the title review before any funds are committed, attends the land registry under the document, and carries the file through the certificate of conformity. Call +90 535 260 74 54 or use the contact form on this site.
This article is general information on Turkish law as at August 2026 and is not legal advice. Obtain advice on your own transaction before committing funds.