All You Need to Know About TAPU | Title Deed in Turkey

Is it safe to buy property in Turkey as a foreigner?Yes! Turkish government implements laws and measures to secure your money, time, and safety. To ensure a hassle-free process, it’s safest to learn the legal aspects and work with a confidential company.

Is it possible to transfer a title deed in Turkey remotely and fully online?No. In Turkey, for a title deed transfer, the parties sign an official document in front of a title deed officer. If the parties cannot attend the transfer process in person, their representatives can complete the transaction on their behalf with a properly prepared power of attorney that includes the necessary authorities. If the buyer has not previously entered Turkey with an active passport, they cannot make a remote purchase even with a power of attorney. The signing process can also be completed at a different title deed office than the one where the property is registered. Other preparation procedures can be organized through Webtapu online system. For all organization and preparation, the buyer, seller, or their representative must have active e-Goverment (e-Devlet) login information.

Is it safe to complete a property transfer in Turkey with a power of attorney?Property transfers in Turkey using a power of attorney can be safe if the document clearly defines the scope, limits and purpose of the authorization. However, powers of attorney that are unclear or too broad can create legal risks for ownership transfer and title deed procedures.

What comes first, money or title deed?Money first. The Republic of Turkey secures the rights of both parties. As a result, the seller has the right to refuse the transaction without receiving the payment. After, you can easily and quickly get your deed.

What is title deed exchange system in Turkey (Tapu Takas)?The title deed exchange system is an alternative way to get a deed. The system guarantees a safe property purchase for both parties. It works with the buyer transferring the money to a bank account of Takasbank. After, the money is transferred to the seller and the deed to the buyer.

When is the title deed issued for a property bought from a project in Turkey?For a property in Turkey purchased from a project (off-plan), the title deed is issued after the project’s licenses and condominium processes are completed. During construction, a preliminary title deed is issued. Once construction is finished and the building receives its occupancy permit, the preliminary deed is converted into a full ownership title deed. The full ownership title deed in Turkey confirms that all legal processes are completed and that the property ownership is fully and securely transferred to the buyer.

What is the difference between floor ownership and floor servitude in Turkey?Floor servitude in Turkey is a type of title deed used for projects that are under construction or not yet completed, where independent units are defined based on the project plan. Floor ownership in Turkey applies to completed buildings that have received occupancy permits, showing that the independent units are officially ready for use.

The difference between these two title deed types is important in terms of legal status and usage rights. Unlike in some other countries, in Turkey, it is also possible to apply for a bank loan using a property with floor servitude.

What is a shared title deed in Turkey?A shared title deed indicates that a property is owned by multiple individuals, with each owner holding a specific share. In such properties, each shareholder has rights proportional to their share as stated on the title deed.

Ownership, usage, sale and transfer processes can differ for properties with shared title deeds. Therefore, it is important for buyers to fully understand the scope and ownership structure before making a purchase decision.

Can you buy a home without iskan in Turkey?It is possible to buy a house in Turkey without an occupancy permit (İskan). An examination of Turkish Statistical Institute (TÜİK) building permit statistics shows that approximately 10-15% of houses that received permits in recent years did not obtain an occupancy permit during the same period. This indicates that houses without occupancy permits are common in Türkiye.

An occupancy permit (iskan) shows that a building was completed legally, but a property can still be bought without it. Before buying, check if the electricity, water and gas are connected, the title deed is valid and there are no municipal issues preventing the permit. Note that banks may limit mortgages for properties without an occupancy permit.

In short, it is possible to buy a house without an occupancy permit and there are many examples in Turkey. However, the infrastructure situation and financing conditions should be carefully evaluated during the purchase process.

How are title deed costs calculated in Turkey?In Turkey, title deed costs include the title deed tax, revolving fund fee and other transaction fees. The title deed tax is 4% of the sale price. Usually, it is shared equally between the buyer and the seller, 2% each. However, recently it has become common for the buyer to pay the full 4%. Therefore, it is important to clarify in the sales contract how these costs will be shared.

How to check registry of property online up in Turkey?Title deed records in Turkey can be verified through the official systems of the Land Registry and Cadastre Office (TKGM). You can use the title deed inquiry service provided by the General Directorate of Land Registry and Cadastre to check property applications and records.

What does an annotation on a title deed mean in Turkey?An annotation on a title deed in Turkey means there is a legal record that may affect the sale, use or transfer rights of a property in Turkey. These annotations can impact ownership, usage or third-party rights, so they must be carefully checked during the property purchase process in Turkey. It is essential to review all annotations on the Turkish title deed before making any purchase decision.

How do I find out if a property has a mortgage and if so with what bank in Turkey?To determine whether a property has a mortgage on its title deed, you should check the annotations, declarations and easements listed in the official title records. In Turkey, these records can be accessed through the local Land Registry Office (Tapu Müdürlüğü) where the property is registered.

The appraisal report obtained during the purchase process also includes information about mortgages and other legal encumbrances. Additionally, the property owner can verify mortgage, annotation and declaration details via e-Goverment (e-Devlet) or the Web Tapu system. During the title deed transfer, the Land Registry officials also inform the parties about existing records. Purchasing a property without checking the title deed can create legal risks regarding ownership transfer and property use.

How can an annotation be removed from the title deed?The annotation can be removed from the title deed once the debt is settled. Removing the annotation from the title deed is a quick process and can usually be completed on the same day.

Can a property purchased in Turkey belong to someone else?No. The title deed system in Turkey is official and based on single ownership. A property legally belongs only to the individual or legal entity registered in the title deed. The 100% ownership of a property cannot belong to multiple different people at the same time. However, if the property is registered as a shared title deed, there can be multiple shareholders.

To prevent fraud, the title deed, sales authorization and any mortgages or liens must be checked through the Turkish Land Registry and Cadastre (Tapu ve Kadastro Müdürlüğü). For a secure purchase, the title deed transfer should only be completed at the official registry office.

TEKCE verifies property ownership through official title deed records. The purchase is completed only after verification and the authority of the individuals signing the contracts is checked by the TEKCE team.

Do spouses have rights to each other’s property?Yes. According to the Turkish Civil Code’s Family Law Book, spouses have a say in each other’s property. However, the property must be purchased after their marriage. This is still the case if your suppose's name is not on the deed.

Also, you may apply to annotate your residence as a family home on a legal basis. This means that both parties have equal rights in the property, even if its purchase dates before their marriage.

Can a child under 18 have title deeds on their names?Yes. If you want to make a real estate transfer to your child under the age of 18, that’s possible. The process requires the assistance of a parent, the child’s birth certificate, and an apostille. Then, you may apply to the land registry for a real estate transfer.

What happens to my property when I die?In Turkey, all properties are freehold. This means that an owner has full rights to the property. The title deed is inheritable after the decease of its holder. So, your family will have the right to inherit your property ownership certificate.

Even if you are a foreigner, this is still the case. Whether you have a Turkish citizenship or not, your property is freehold, not leasehold.

What happens if I lose my title deed?That’s not an issue. If you lose your original deed, you may apply to any land registry office in Turkey. They have a digital copy in their offices and provide you with another one. Also, you may find a digital copy in the E-Devlet and Web-Tapu application.

What are the most common mistakes foreigners make in title deed transactions in Turkey?When buying real estate in Turkey or anywhere in the world, it is very important to work with the right and authorized party. One of the most common mistakes foreign buyers make is proceeding with the purchase without checking authorization documents and dealing with the wrong representatives.

TEKCE works directly with the rightful seller for all its properties, carefully checks the title deed and related documents and formalizes sales authority through written agreements. You can find detailed information about our principles of transparency, licensing and legal compliance on the TEKCE Business Policy page.