

A foreign investor buys property in Turkey for a private school but later discovers zoning, building, garden, classroom, fire-safety or Ministry permit problems. Learn the essential real estate due diligence checks and legal risks before investing.
A foreign investor planning to establish or acquire a private school in Turkey may focus initially on location, student capacity, purchase price, accessibility and the commercial potential of the education business. A large building with numerous rooms, parking and outdoor space may appear ideal for a kindergarten, primary school, middle school or high school.
However, a building that appears suitable for education is not automatically legally suitable for operation as a private school.
After purchasing the property, the investor may discover that the building cannot satisfy the standards required by the Ministry of National Education, that its lawful use or occupancy documentation creates problems, that classrooms are too small, that the available garden is insufficient, that unauthorized construction exists, or that accessibility and fire-safety requirements require expensive modifications.
The investor may consequently own valuable real estate but still be unable to obtain the approvals necessary to open the intended private school.
This distinction is particularly important in 2026 because the Ministry’s Private Education Institutions Standards Directive has continued to be updated. The Ministry’s official publication list identifies a January 13, 2026 update to the standards governing private education institutions.
For foreign investors, the critical question before purchasing school property should therefore be:
“Can this exact building legally accommodate the exact type and capacity of private school we intend to establish?”
Property ownership and permission to operate an educational institution are separate legal matters.
A foreign investor may lawfully acquire a property that appears ideal for educational use, but the building must still satisfy the applicable educational, planning, structural, safety and technical requirements.
The investor should therefore treat the acquisition as both:
a real estate transaction, and
a regulated education-sector investment.
Failure to coordinate these two areas can produce substantial financial losses.
Do not begin due diligence by saying:
“We want to open a school.”
The investor should determine whether the project involves:
a kindergarten,
primary school,
middle school,
high school,
vocational and technical high school,
special education school, or
another institution regulated under the private education framework.
Different institution types can require different spaces, classrooms, facilities and physical standards.
A property suitable for one institution may be unsuitable for another.
The Ministry of National Education maintains specific standards for private education institutions. These standards regulate the physical sections of institutions and the characteristics of areas used for educational activities.
The Ministry’s current directive includes detailed rules concerning classrooms, gardens, windows, circulation areas and institution-specific sections, while the Ministry’s official directive page identifies the Standards Directive as updated on January 13, 2026.
Foreign investors should therefore avoid relying on architectural advice based on outdated standards.
Before purchasing the property, determine whether its planning and lawful-use position supports the intended educational project.
Review:
the applicable zoning plan,
plan notes,
parcel designation,
approved use,
higher-level planning restrictions,
building conditions, and
any planning proceedings affecting the property.
A building’s physical appearance does not determine whether school use is legally possible.
The investor should obtain and review:
title deed,
building permit,
approved architectural project,
occupancy documentation,
subsequent permit revisions,
municipal archive documents, and
any planning-enforcement records.
The Ministry’s guidance concerning applications for opening private education institutions expressly identifies documents including the building title deed and building occupancy document among the materials relevant to the opening process.
These documents should be reviewed before the purchase becomes unconditional.
The property should be physically inspected against the approved architectural plans.
Potential problems include:
unauthorized additional floors,
enclosed balconies,
converted basements,
added classrooms,
unauthorized mezzanines,
enclosed garden areas,
structural alterations, and
extensions not appearing in approved projects.
An area physically used as a classroom does not necessarily constitute lawful educational space.
Commercial advertisements often focus on gross square meters.
For a school investor, that figure can be misleading.
The more important question is how much of the property can lawfully and practically be used for:
classrooms,
administration,
laboratories,
student facilities,
circulation,
sanitary facilities,
social areas, and
other required educational sections.
Unauthorized space should not be included in the investment model as if it were guaranteed school capacity.
The current Standards Directive provides specific minimum requirements for school classrooms.
For primary schools, middle schools and secondary education institutions, the directive provides that a classroom cannot be smaller than 20 square meters.
Therefore, a building containing many small office rooms may appear to offer a large number of classrooms but still be unsuitable without substantial reconstruction.
The investor should not calculate capacity by simply counting rooms.
The current standards provide rules concerning the usable area allocated per student in classrooms. The 2026 version of the Standards Directive reflects the rule that the classroom-use area allocated per student in schools cannot be below the prescribed standard, subject to the transitional provisions applicable to existing institutions.
Consequently, two buildings with the same number of classrooms may support very different lawful student capacities.
Office buildings are often converted conceptually into school projects.
However, classroom requirements can create difficulties.
The current Standards Directive contains detailed rules concerning windows and natural ventilation in classrooms and other teaching areas. It generally requires qualifying windows to be located on the building’s external facade and establishes minimum window-area standards, while providing defined exceptions for particular educational spaces and technical circumstances.
An internal office room without appropriate external windows should therefore not automatically be counted as a future classroom.
Outdoor space is one of the most important issues in private-school property due diligence.
A large building on a parcel with almost no usable outdoor area may be commercially attractive for another business but unsuitable for the intended school.
The Ministry’s published guidance states that, for relevant private schools other than preschool institutions, where the required school garden is provided outside the area where the school building is situated, at least 500 square meters of garden is required for each school. The rules also contain specific requirements where multiple schools operate together.
The exact school model and current standards should therefore be checked before acquisition.
Preschool education involves its own physical standards.
The Standards Directive provides garden requirements for kindergartens based on student numbers, including a prescribed outdoor area per student.
An investor planning a kindergarten should therefore calculate outdoor capacity together with classroom capacity.
Investors should be cautious about arguments such as:
“There is a large park next door.”
“There is an empty parcel behind the building.”
“Students can use the municipal green area.”
The legal and physical requirements applicable to the institution should be verified directly.
Nearby open space does not automatically become legally qualifying school garden space.
Determine:
whether the garden is part of the parcel,
whether it is a condominium common area,
whether another person owns it,
whether an exclusive use right exists,
whether the school can legally use it, and
whether the required use can continue throughout the operation of the institution.
A temporary informal arrangement should not be valued as if it were a permanent property right.
A foreign investor may consider converting a large villa or residential building into a kindergarten or other education institution.
This requires careful examination.
The Ministry’s guidance specifically notes that where a kindergarten is to operate in independent sections of a main property registered as residential, documentation concerning unanimous consent of condominium owners may be required for garden use in the circumstances addressed by the Ministry.
Condominium due diligence can therefore become critical.
If the proposed school is located within condominium property, review:
management plan,
title classification,
common areas,
garden rights,
entrances,
parking,
structural alterations,
signage,
noise-related provisions, and
existing condominium decisions.
The investor should not purchase several units and assume they can automatically be combined into a school.
The school project may require:
removing walls,
connecting units,
opening new corridors,
creating additional staircases,
changing entrances, or
constructing accessibility facilities.
Before purchase, determine whether these changes are technically and legally possible.
Structural modifications may require approvals beyond ordinary interior renovation.
School buildings contain significant numbers of students, teachers and staff.
Fire safety is therefore fundamental.
The Standards Directive requires the institution’s layout plan to show fire stairs where they are required under the applicable fire-protection framework.
The investor should assess:
fire exits,
stairways,
evacuation routes,
fire compartments,
emergency access,
alarm systems,
building height, and
student evacuation capacity.
A building that requires extensive fire-safety reconstruction may be commercially unsuitable.
A property previously used as an office may already have fire equipment.
That does not necessarily mean the building satisfies the requirements applicable to the planned educational use and capacity.
The technical review should be based on the intended school operation.
The Ministry’s guidance addresses accessibility-related transport and movement systems for institutions operating above ground-floor level and references applicable technical standards for such systems.
The investor should therefore investigate:
building entrances,
elevators,
stairs,
ramps,
floor access,
sanitary facilities, and
movement throughout the building.
A low purchase price can become misleading if extensive accessibility work is necessary.
Depending on school type and curriculum, the project may require additional educational spaces.
Potential areas include:
science laboratories,
computer rooms,
art rooms,
music rooms,
workshops,
libraries,
sports areas, and
other teaching spaces.
The current Standards Directive regulates institution-specific sections and standards.
These areas reduce the amount of floor space available for ordinary classrooms and therefore affect the investment’s student-capacity calculations.
A vocational and technical high school can create significantly different real estate requirements from an ordinary academic school.
The investor may require:
workshops,
special laboratories,
practical training areas,
technical installations,
special safety infrastructure, and
additional equipment.
The Ministry separately publishes standard equipment lists and architectural materials relevant to private vocational and technical Anatolian high schools.
The intended educational program should therefore be identified before the building is selected.
One of the most common investment mistakes is:
“The building has 4,000 square meters, so we can enroll 1,000 students.”
That calculation can be completely wrong.
A compliant school layout must account for:
classrooms,
corridors,
stairs,
administration,
sanitary facilities,
laboratories,
social areas,
mandatory specialized rooms,
garden requirements, and
other required spaces.
Capacity should be determined after regulatory and architectural analysis.
The seller may say:
“This building already operates as a private school.”
That is useful information, but it should not end the investigation.
The investor should determine:
which school operates there,
what institution type is authorized,
what student capacity is approved,
which legal entity holds the permission,
whether the entire building is included,
whether later alterations were approved, and
whether any regulatory proceedings are pending.
This issue is particularly important when acquiring an existing school.
The current Standards Directive contains transitional provisions for institutions that already obtained institution-opening permission and an opening and operating licence before particular amendments. Depending on the contemplated change, newer standards may apply only to changed sections or may be triggered by matters such as program additions, capacity increases, relocation or changes in institution type or level.
Therefore, an existing school’s current operation does not necessarily mean that the investor can redesign or expand it freely under the historical standards.
Suppose the investor purchases an existing school with 400 students but intends to expand it to 700.
The investor should not assume that the existing physical approvals automatically support the higher capacity.
A capacity increase can affect:
classroom requirements,
layout,
garden needs,
specialized areas,
circulation, and
other physical standards.
The current transitional provisions specifically address changes that lead to capacity increases.
A foreign investor may buy a building currently used as one type of school and plan to convert it into another.
For example:
kindergarten to primary school,
middle school to high school, or
ordinary high school to vocational school.
Each change should be checked against the current regulatory framework rather than assuming the existing permission will automatically cover the new model.
The investor may acquire:
only the school building,
the shares of the company operating the school,
school assets,
the education business, or
a combination of these.
These structures have different risks.
Buying the property does not automatically mean acquiring every permission held by the school operator.
Before closing, determine:
who owns the property,
which legal entity operates the school,
which entity holds the institution-opening permission,
which entity holds the workplace opening and operating licence,
and
whether the proposed transaction affects those approvals.
The answers should influence transaction structure.
A foreign investor should not assume that the ordinary rules applicable to acquiring real estate answer every question concerning establishment and operation of a private educational institution.
The ownership and corporate structure of the educational investment should be examined under the applicable private education legislation separately from the title acquisition.
The 5580 framework regulates private education institutions and has continued to be amended, including statutory changes published in July 2026.
Ministry approval is not a private contractual matter that a seller can guarantee simply by owning a building.
Statements such as:
“This building is definitely suitable for a school.”
“Ministry approval is automatic.”
“You can enroll 800 students.”
“The garden requirement does not apply.”
“The existing licence transfers with the building.”
should be independently verified.
Keep:
advertisements,
emails,
WhatsApp messages,
investment presentations,
architectural drawings,
capacity calculations,
brochures, and
due-diligence responses.
If the property’s regulatory suitability was materially misrepresented, these documents can become important evidence.
Ask whether anyone previously applied to:
open a school,
increase capacity,
change the school type,
add another education level,
alter the layout, or
use additional parts of the property.
Obtain the result of those applications.
A previous rejection may reveal a permanent or expensive building problem.
If an operating school is being acquired, investigate:
inspection findings,
warnings,
sanctions,
required corrections,
capacity issues,
building deficiencies, and
pending administrative proceedings.
The fact that students are currently attending does not prove that there are no regulatory risks.
A school building accommodates children for long periods and must be assessed with particular attention to structural safety.
The Ministry’s application guidance identifies building-related documentation and addresses building-safety documentation within the institution-opening framework.
The investor should therefore obtain qualified technical review rather than relying solely on seller representations.
Even where formal documents exist, an investor may choose to undertake additional structural investigation depending on:
building age,
construction history,
location,
previous alterations, and
investment scale.
A major school acquisition should not treat structural safety as a minor closing formality.
An unauthorized extension can affect more than planning law.
It can alter:
school capacity,
fire evacuation,
structural safety,
garden size,
circulation, and
the approved institutional layout.
Therefore, the investor should identify unauthorized construction before calculating the value of the school business.
A successful school may generate substantial vehicle traffic during morning arrival and afternoon departure.
The investor should assess:
legal parking,
school-bus access,
drop-off areas,
pedestrian safety,
road access, and
neighboring land-use conditions.
Even if not every issue determines licensing, they can materially affect the commercial viability of the investment.
A building located on a narrow or heavily congested street may create serious operational difficulties for a large school.
The investor should therefore combine legal due diligence with practical site analysis.
If the school’s marketing model depends on:
football fields,
basketball courts,
playgrounds,
athletics areas, or
other outdoor facilities,
verify whether those areas are legally part of the school property and whether their intended construction and use are permitted.
A planned gymnasium may affect:
building height,
ventilation,
fire safety,
structural design,
student circulation, and
the overall educational layout.
Do not count an ordinary large room as a compliant sports facility without technical review.
Potentially, but the legal feasibility should be established first.
The investor may need to:
revise architectural plans,
obtain construction permissions,
change internal layouts,
upgrade fire systems,
install accessibility infrastructure, or
create required educational sections.
The cost and timetable should be incorporated into the acquisition model.
This is one of the highest-risk approaches.
The investor may become trapped between:
a non-refundable purchase price,
expensive renovation,
regulatory requirements, and
a building with limited alternative value.
Conversion feasibility should be investigated before closing.
The review may require coordinated work by:
lawyer,
architect,
civil engineer,
fire-safety specialist, and
other technical professionals depending on the project.
A general property inspection alone may not identify private-school regulatory deficiencies.
For a significant investment, the agreement can expressly state the project’s intended use.
For example:
“The purchaser intends to establish and operate a private primary and middle school at the property, subject to the applicable regulatory approvals.”
This helps clarify the commercial purpose of the transaction.
Depending on the transaction, representations can address:
zoning and lawful use,
building permits,
occupancy documentation,
absence of unauthorized construction,
garden rights,
existing school approvals,
approved capacity,
previous applications,
regulatory proceedings, and
accuracy of disclosed building documentation.
Generic real estate warranties may not sufficiently protect a school investor.
Where the entire investment depends on school approval, closing can potentially be made conditional on defined regulatory or technical milestones.
This may include satisfactory confirmation of:
building suitability,
lawful school use,
required documentation,
structural compliance, or
another essential approval.
The precise condition should match the transaction.
Instead of paying the entire price before regulatory feasibility is established, the parties may structure payment around agreed milestones.
This can be especially valuable where substantial renovation is required before final school approval.
If certain regulatory risks cannot be resolved before closing, part of the purchase consideration can potentially be protected contractually.
The appropriate structure depends on:
transaction value,
identified risks,
seller cooperation, and
the consequences if school operation ultimately proves impossible.
The investor should immediately determine whether the problem is:
zoning-related,
building-related,
garden-related,
structural,
fire-safety related,
accessibility-related,
classroom-related,
capacity-related, or
connected with the education permit itself.
Different defects require different solutions.
For example, it may be possible to:
reconfigure classrooms,
install required systems,
change the internal layout,
upgrade accessibility,
modify fire-safety infrastructure, or
reduce planned student capacity.
A technical feasibility report should identify realistic solutions and costs.
Suppose the investor purchased a property for an 800-student school.
After due diligence, the lawful and regulatory-compliant capacity is only 350 students.
Even if a school can technically open, the investment economics may no longer work.
The legal analysis should therefore be connected directly to the financial model.
If the seller knew that the investor intended to establish a private school and made specific representations concerning:
student capacity,
garden compliance,
school approval,
building legality, or
existing permits,
those representations should be examined if they prove inaccurate.
The precise contractual terms and evidence will determine the available remedies.
Suppose the seller previously applied to increase school capacity and the Ministry rejected the application because the building could not satisfy the applicable standards.
The seller then markets the property to a foreign investor as capable of supporting the larger capacity.
The previous administrative file can become highly significant evidence.
Potentially.
If the competent administration refuses an application, the investor should obtain the written decision and supporting file.
A legal challenge may be considered where the decision involves:
incorrect factual findings,
misapplication of the standards,
failure to consider valid documents,
incorrect capacity calculations, or
other substantive or procedural illegality.
However, financial investment alone does not create entitlement to approval.
Create a chronology covering:
application,
inspection,
deficiency notification,
submission of additional documents,
refusal,
notification, and
any reconsideration process.
An investor should not rely indefinitely on informal discussions with administrative officials.
If the school permit is refused, two different questions may arise:
Was the administrative refusal lawful?
and
Did the seller misrepresent the property’s suitability?
These questions should be investigated separately.
An investor may need to preserve rights on both tracks simultaneously.
Document:
purchase price,
renovation expenditure,
architectural costs,
engineering costs,
financing costs,
equipment purchases,
marketing expenses,
staffing commitments, and
the difference between expected and actual lawful school capacity.
This information can become important in transaction restructuring or later disputes.
If the building cannot support the planned school, investigate whether it can lawfully be used for:
another educational institution,
a smaller school,
another commercial activity, or
another investment model.
The alternative-use value can affect the investor’s decision whether to retain or sell the property.
A foreign investor purchasing property for a private school in Turkey should complete education-specific real estate due diligence before making the acquisition unconditional.
First, identify the exact school type and intended student capacity. The Ministry’s current Standards Directive regulates the physical sections and standards applicable to private education institutions, and the Ministry identifies a January 13, 2026 update to that framework.
Second, verify the real estate itself. Obtain the title, building permit, approved architectural plans, occupancy documentation and municipal history. Compare the physical building with approved plans and exclude unauthorized areas from capacity calculations.
Third, prepare a regulatory-compliant preliminary layout before purchase. Current standards address matters including classroom dimensions, student-use area, windows and ventilation, gardens and institution-specific sections. For example, the Standards Directive provides minimum classroom dimensions for relevant schools and detailed rules concerning classroom area and physical configuration.
Fourth, investigate whether the property is an existing school. Determine the approved institution type, capacity and operator, and analyze whether the investor’s planned expansion, relocation, program addition or school-type change would trigger newer standards. The 2026 framework contains specific transitional provisions for existing institutions.
Fifth, structure the transaction around unresolved permit risk. Depending on the acquisition, conditions precedent, specific seller warranties, staged payments, escrow or retention can be significantly safer than paying the full price based on an assumption that school approval will later be obtained.
Finally, if the investor has already purchased the property and approval problems arise, further expenditure should be controlled until the problem is classified. Determine whether the deficiency is correctable, whether planned student capacity should be reduced, whether an administrative refusal can be challenged and whether the seller made inaccurate representations about the property’s school suitability.
Lawyer Fırat Fesih Kaya can examine the property’s title and planning position, building and occupancy documentation, proposed school layout, regulatory standards, existing school approvals and acquisition documents to determine whether the intended private-school investment is legally feasible and how identified risks should be addressed.
No. Purchasing the building does not itself authorize private-school operation. The education institution and building must satisfy the applicable regulatory requirements and obtain the required approvals.
No. Classroom dimensions, student capacity, garden requirements, fire safety, accessibility, building documentation and institution-specific standards can make an otherwise valuable commercial building unsuitable for school use.
The Ministry’s Standards Directive provides that classrooms in primary schools, middle schools and secondary education institutions cannot be smaller than 20 square meters.
Yes. The applicable standards regulate usable classroom area and capacity. The current framework provides a per-student classroom-use-area standard, subject to transitional provisions for certain existing institutions.
Applicable private-school standards include garden requirements, and the exact requirement depends on the institution and configuration. Ministry guidance specifically addresses minimum garden requirements for relevant private schools and multiple schools operating together.
Potentially, depending on the property and applicable requirements. Condominium status, garden use, building suitability and regulatory standards should be examined before purchase. Ministry guidance specifically addresses unanimous condominium-owner consent for garden use in certain kindergarten situations involving residentially registered property.
Not necessarily. Property ownership and the educational operator’s regulatory permissions should be examined separately. The structure of the acquisition matters.
Potentially, but a capacity increase can trigger additional regulatory and physical-standard requirements. The current Standards Directive contains transitional provisions specifically addressing changes that increase capacity.
Potentially. Seller liability may depend on the purchase agreement, specific representations, warranties, disclosures, previous regulatory decisions and whether the seller knew the intended educational use.
Identify the exact school type and target capacity; verify title and zoning status; obtain the building permit, approved architectural plans and occupancy documentation; compare the physical building with approved plans; calculate lawful classroom capacity; verify garden rights and dimensions; review fire safety, accessibility and structural requirements; investigate existing school permissions and previous administrative decisions; and ensure the purchase agreement protects the investor if the intended school cannot legally open or operate at the expected capacity.
Purchasing property for a private school requires considerably more than ordinary real estate due diligence. A foreign investor may acquire an expensive building and later discover that classroom dimensions, lawful student capacity, garden requirements, fire safety, accessibility, construction irregularities or education-sector permit requirements prevent the intended school from opening or make the investment financially unviable.
Fırat Fesih Kaya Law Office assists foreign investors and companies with private-school property acquisitions, education-sector investment due diligence, zoning and building compliance, permit disputes, transaction structuring and claims arising from inaccurate seller representations. Lawyer Fırat Fesih Kaya can review the real estate documentation together with the applicable private education requirements before closing to identify whether the proposed school can lawfully operate at the expected capacity and which contractual protections should be incorporated into the investment.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr