Buying a Shop or Business by Transfer (Devren): What to Check

04 November 2026

Photo: R-E-AL, CC BY-SA 3.0

Taking over a business such as a café, restaurant, boutique hotel or shop in Antalya by business transfer (devren) can offer a quicker start than setting one up from scratch. However, what is actually being acquired in the transfer is often misunderstood. In this guide we cover the points to check when taking over a business and the frequently asked rules on short-term rentals.

The transfer fee is not the same as ownership

In devren sales, the property itself is usually not sold. The transfer fee you pay generally covers the following: the existing lease passing to you, fixtures and fittings and the décor, the business name and customer base, and sometimes stock. The tapu (title deed) for the premises stays with the owner. If the lease ends or the owner does not accept the transfer, what you get for the fee you paid can shrink considerably. So the first question is: "What exactly am I buying?"

Transfer of the lease and the landlord's written consent

Under Article 323 of the Turkish Code of Obligations, a tenant cannot transfer the lease to someone else without the landlord's written consent. For commercial leases, the landlord cannot refuse this consent without good cause. A person who takes over the lease with written consent replaces the tenant under the contract. For commercial leases, the outgoing tenant remains jointly and severally liable with the incoming tenant until the end of the contract, for a maximum of two years.

• Obtain the written document showing that the owner has approved the transfer before paying the transfer fee.
• Review the term of the existing lease, any remaining renewal rights, the rent increase clause and the permitted use.
• If a new contract is to be signed with the owner, agree the rent and term before the transfer.
• Confirm with the owner and the building management whether there are any rent arrears, deposit issues or service charge debts.

Licences and permits

The business opening and operating licence is issued by the municipality or the relevant authority in the name of the operator. When the operator changes, an application is made for the licence to be issued in the new operator's name. Under the legislation, a licence will not be issued in the new operator's name until existing violations and deficiencies have been remedied. Therefore:

• Check the activity, address and validity on the existing licence. If the activity you want to carry out differs from the one on the licence (for example, turning a café into a restaurant serving alcohol), a separate permit may be required.
• Ask the municipality whether there are any violations, seals or official findings against the business.
• For tourism establishments such as hotels, guesthouses and restaurants, find out whether there is a Ministry of Culture and Tourism certificate. Confirm with the Provincial Directorate of Culture and Tourism how the certificate will be issued in the new operator's name or transferred. Some types of establishment may have specific restrictions on transfer.

Inventory of fixtures

Attach to the transfer agreement a signed list of all fixtures being transferred, including make, model, quantity and condition. List kitchen equipment, air conditioning, furniture, tills and POS terminals, and the signage item by item. State clearly that rented or leased equipment, and items belonging to suppliers such as fridges and display cabinets, are not included in the transfer. On handover day, check the list on site and record it in a signed handover report.

Tax, SGK and other debts

A person who takes over a business together with its assets and liabilities may be liable for the business's debts from the date the transfer is notified to creditors or announced publicly. The transferor also remains jointly and severally liable for two years (Turkish Code of Obligations, Article 202). Under social security legislation, there are also cases in which the transferee can be held liable for earlier premium debts when a workplace is transferred. To limit these risks:

• Ask the transferor for up-to-date debt status letters from the tax office and the SGK (Social Security Institution).
• Confirm that the electricity, water and natural gas accounts have been closed with no outstanding debt.
• Write into the agreement that all debts arising from the period before the transfer date belong to the transferor and that any payments you make because of them will be reimbursed to you. If possible, hold back part of the price for a set period for this purpose.

Transfer of staff

Under Article 6 of the Labour Law, when a workplace is transferred by a legal transaction, the employment contracts existing on the transfer date pass to the transferee with all their rights and obligations. The new employer must take the date on which the employee started work with the transferor as the basis for seniority-based rights. The transferor and transferee are jointly liable for debts that arose before the transfer and were due on the transfer date. The transferor's liability is limited to two years from the transfer. In addition, the transfer on its own is not a ground for termination. So find out the list of employees, their start dates, wages, unused leave and accrued severance liability before the transfer, and reflect them in the price negotiation.

Verify turnover claims

A claim that "it turns over this much a day" is not reliable data on its own. Verify turnover with documents:

• VAT returns and income or corporate tax returns for recent periods;
• POS and bank statements, e-invoice and e-archive records, and cash register Z reports;
• fixed and variable costs such as rent, staff, energy and raw materials.

Seasonality is especially important in Antalya. Do not make an annual assessment based only on summer turnover.

What the transfer agreement should include

1. Full details of the parties and the business, and a clear description of what is being transferred;
2. The transfer fee, payment schedule and method (via bank);
3. That the owner's written consent is a condition of the transfer;
4. What happens if licences and certificates cannot be issued in the new operator's name;
5. The inventory of fixtures and the handover report;
6. That debts from before the transfer belong to the transferor, and the right of recourse;
7. Where appropriate, an undertaking by the transferor not to open a competing business in the same area for a set period;
8. The competent court or alternative dispute resolution methods in case of a dispute.

A brief note: daily and short-term rentals (Law No. 7464)

A question homeowners in Antalya often ask is whether they can rent out their home by the day or the week. Law No. 7464 on the Rental of Residences for Tourism Purposes and Amendments to Certain Laws, published in the Official Gazette of 2 November 2023, regulates the rental of homes for up to one hundred days at a time. The main rules are:

• A permit must be obtained from the Ministry of Culture and Tourism (through the governor's office) before a tourism rental agreement is made. A plaque specified by the Ministry is placed at the entrance of the home.
• The application must include a decision of approval taken unanimously by all flat owners in the building where the home is located. In complexes made up of several buildings, this requirement applies only to the building concerned. The Constitutional Court rejected the challenge to this provision in its decision of 25 December 2025.
• In buildings with more than three independent units, permits can be issued for at most 25 per cent of the units in the name of the same person.
• A tenant cannot sublet a home rented as a residence to others for tourism purposes.
• The obligation to report guests' identities lies with the permit holder.
• Renting without a permit, and acting as an intermediary for unpermitted homes, are subject to heavy administrative fines applied per home or per contract. Making contracts of more than one hundred days more than four times within a year in order to circumvent the law is also penalised separately.

Rentals of more than one hundred days at a time fall outside the scope of this law and are subject to the general rules on leases.

Frequently asked questions

What happens if the owner does not approve the transfer?

The lease cannot be transferred without the landlord's written consent. For commercial leases, the owner cannot refuse consent without good cause. Even so, the transfer fee should not be paid before consent is obtained.

Do I have to take over the employees?

When a workplace is transferred by a legal transaction, the existing employment contracts pass to the transferee by law. The transfer on its own is not a ground for termination.

Does the licence pass to me automatically?

No. The licence is issued in the operator's name. You need to apply to the relevant authority for a licence in the new operator's name.

Can I rent out my flat in a residential complex by the day?

Only if you obtain a permit. This requires the unanimous approval of all flat owners in the building where the flat is located.

To see business transfer or commercial property options, you can browse our portfolio, and for any questions you can contact us.

This article is for general information only; please confirm current amounts and conditions with the relevant authority or a legal adviser.