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

A title deed (or Tapu in Turkish) is a legal document proving a successful transmission of real estate. So, it has crucial value in evidencing the property ownership confirmation as well. It's very important to carry out the title deed transfer process correctly. You need comprehensive information and guidance.

Here you may find all you need to know about the basic aspects of real estate ownership and title deed transfers in Turkey. If you seek further guidance on real estate ownership confirmation, you may see the official guide for foreigners.

Here are the most frequently asked questions about the legal aspects of title deed transfers, and their answers:

How is the Turkish title deed obtained?

Title deed in Turkey is under the authority of the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Müdürlüğü).

After your purchase is complete, the seller applies to this land registration organization. To obtain the deed, documents concerning the property, buyer, and seller are needed. If the buyer and/or seller are foreign, they need a notary-approved translation of personal information.

When the documents are approved, the office invites both parties for final signatures. The whole title deed process generally takes no more than 2 working days.

What are the necessary documents to get a title deed?

Here is everything you need for getting a real estate title deed in Turkey:

• The buyer’s original passport and a copy
• Seller’s original ID and a copy
• Buyer’s tax number
• Statement of identity information form
• Appraisal report
• Current title deed
• Encumbrance certificate
• Foreign exchange document

What are the different types of title deeds in Turkey?

There are various types of residential, commercial, agricultural, and land titles. The deeds come in blue and red colors.

Blue deeds are for lands. They may or may not include a project to be constructed. Red deeds are for finished projects with housing permits or commercial units. These are the main title deed types in Turkey:

Easement Title Deed: In Turkey, it’s possible to share ownership rights of a property. In that case, a deed includes the full names of all its holders. It may include a percentage of ownership as well.

The owners are free to sell, rent out, and mortgage only the section they own. Also, it’s possible to co-own real estate with the construction company.

Floor Easement Deed (Kat İrtifakı): It means that you have partial ownership of a project that hasn't finished yet. You may get one before or during the construction period.

A floor easement is a temporary document. Contrary to finished property ownership, real estate doesn’t have housing permits yet. Also, the deed only includes the share rate of its owner.

Property Ownership Deed (Kat Mülkiyeti): To own one, property registration is necessary. So, the property needs to follow certain legal criteria. It needs to have a housing permit as well. Only then, owners can get a property ownership deed.

The deed proves the ownership of a specific section of real estate, often apartment buildings. It has details of all the information including its floor, door number, square measure, and type. Owners are free to rent out, mortgage, sell, and inherit their own section. The shared places (lift, stairs, gardens) are co-owned by shareholders and equally depend on them.

Obtaining a property ownership deed is optional. There are no fines for lacking one. However, owning one builds credibility for buyers and lessees.

FAQ About Tapu / Title Deed in Turkey

Can I transfer my property ownership in Turkey?

Of course! Deed transfer (tapu devri) is possible in Turkey. All you need to do is fill out some forms and real estate documentation in a Land of Registry and Cadastre office. The process takes no more than 2 days in most cases.

How do I check the validity of a title deed in Turkey?

The webpage of Land of Registry and Cadastre enables its users to inquire into a deed. This way, you can check the validity of a deed. Also, it has offices in all cities of Turkey. You may request deed confirmation, recomposition, transfers, and contract formation here.

What are the costs of obtaining a Turkish title deed?

These are the expenses the buyers or sellers need to pay for the transaction.

• 4% of the property value for the title deed fee. Often the buyer pays this amount. But both parties may agree on sharing the amount equally.
• Appraisal report fee
• Title deed office circulating capital

In Turkey, there are taxes and fees concerning title deed holders as well. The annual property tax depends on the city and property type. For residential properties, the amount is 0.2% for big cities and 0.1% for small cities. For other property types, the amount goes up to 0.6% (for lands).

In addition, you will pay an income tax if you decide to rent out your property. Income tax rates depend on your income. For instance, if your income is below 110.000 TL, you need to pay 15% income tax.

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 Escrow (Tapu Takas)?

Title deed escrow 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.

Can foreign buyers obtain a title deed in Turkey?

Certainly, and easily! As long as the property has legal validity, you may purchase it as a foreigner. Buying a Turkish property has citizenship and residency benefits too.

When should I apply for Turkish citizenship?

After you make a real estate purchase worth 400.000 USD, you can apply to Land of Registry and Cadastre for citizenship application. Following your title deed verification, you may get your citizenship certificate.

Keep in mind that you cannot sell your property for three years, but you are free to rent it out. To meet the limit, you may buy more than one Turkish property.

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 as long as its purchase dates 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.

What is hypothec?

Hypotec is a legal agreement between a debtor and a creditor that secures the payment. A hypothec secures and guarantees the payment in favor of the creditor. Once the debtor makes the payment, the property is no longer in hypothec.

How is the hypothec removed?

The hypothec can be removed from the title deed once the payment is done. Removing a hypothec from the title deed is a quick process that can be over within the same day.

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. Regardless of you owning a Turkish citizenship, 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.

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.

TEKCE offers guidance in all steps of title deed transaction. All properties for sale in Turkey within its listings have legal validity.

The company has comprehensive and FREE before- and after-sales services. These include preparing the documents and carrying out the legal procedures. So, all you need to do is describe your dream home, and leave the rest to the team! Call TEKCE now to find your dream home in Turkey!

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