The title deed in Turkey is called “Tapu”. It is an official and legal document to prove ownership rights of a property. It registers the location, owner, type, size information of the property.
The authority of the title deed registry and archive is General Directorate of Land Registry and Cadastre. There are title deed offices of TKGM (Tapu ve Kadastro Genel Müdürlüğü – TKGM) in every city in Turkey. TKGM is a heritage institution of the Ottoman Empire to the young Turkish Republic as one of the oldest corporate is established in 1847 as Defterhane-i Amire.
All properties are freehold in Turkey. Once you own a property in Turkey, you have full ownership rights on it and your family has the right of inheritance (succession) after your death.
Title deed conveyance occurs at title deed offices regarding the seller’s application. Applications are accepted on weekdays until noontime. Buyers do not have to be present at the title deed office during the application.
1- Complete information about the property (property address – neighborhood or street name – property number).
2- The land number on which the project is located, which includes the purchased apartment.
3- Apartment area and detailed information on (apartment number – building number – floor – the project area in general).
4- A personal photo of the property owner.
5- The purchase price of the property in Turkish lira, which is the currency in circulation for sale.
6- Full personal information about the property owner.
Seller takes the required documents to the title deed office while going for title deed conveyance application. Within the time frame between the application and the final signatures, title deed expenses must be paid. Expenses include title deed conveyance tax, stamp taxes, and circulating capital.
After preparing title deed conveyance documents, the title deed office invites both parties for final signatures by sending an SMS which clarifies the date and time of the appointment. The appointment date depends on the work volume at the title deed office, mostly the same day in the afternoon, within two days at the latest. If any of the parties is a foreigner, a sworn interpreter must be present at the title deed office to explain the terms of the conveyance to the party since the papers are prepared only in the Turkish language. After the seller and buyer sign the title deed conveyance agreement, the title deed is printed by the officers and given to the buyer.
Learn about the types of TAPU in Turkey
When following the procedures for paying the fees and registering the title deed, we will notice the existence of several types of TAPU, the most famous of which are:
1) The Red Land Registry: It is issued by buying (apartment – villa – office – land within the organization).
2)Blue Land Registry: It refers to agricultural lands used for agriculture or poultry raising.
Types of Turkish title deed (TAPU) in turkey
1-Land Titles Suitable for Reconstruction and Agricultural Land
These properties that are registered as empty plots that are valid or unfit for construction. This piece of land must be located within an area included by the reconstruction plan to acquire the status of the land for reconstruction. However, acquiring the status of the land does not mean constructing a building. Organizing a project and taking the building permit on of this piece. It is necessary to consider and check the municipality concerned about the status of the reconstruction of the area and the extracting diameter of reconstruction as part of the reconstruction plan. The piece may be located on the road or dedicated to a public park or a green area and the like. The properties which are described as a field is land Agricultural land, but sometimes the land or the piece registered in the title document may be an agricultural land that has been granted the status of reconstruction due to a change in the reconstruction plan in the area, while remaining in the title document as agricultural land due to the lack of review to change the type of the property. In these cases, information should be acquired by the concerned municipalities.
2. Building’s Titles
In this type of title documents, the main public property information is mentioned, without mentioning the private information related to the independent sections of the property. This means that the property is registered as a single unit that is not divided into separated sections, such as independent houses, sheds, warehouses, factories, and similar buildings.
3. Real Estate Easements
Are bonds for Registering the ownership right of real estate after the final completion of its establishment and appoints the independent sections in it with the approval of the use of each section separately, and each section is arranged for the full title proving the ownership of the owner of the bond to the independent section in the mentioned building.
4. Easement and property registration floor
The floor property registration is required to protect the rights of the landlord. The title deed is the document obtained to show that the owner owns the property on the specified floor of the building. The record of the floor ownership is a brief proof that the building has been fully constructed in accordance with the building law.
Another record, called “Floor easement”, is often referred to in Turkish as “Kat irtifakı”, which is usually issued by the construction contractor to obtain funding for the project.
This record identifies the shares of the property and the share of each owner. In the ECC, only the middle square is indicated in the title deed, which gives the title deed (the Tapu) the title of the easement bond, not the title deed. This type of Real estate bond is defined as the stage that must be passed before obtaining a full title deed, and the easement proves the title of the bondholder in the construction to be constructed on a certain piece of land, which has not yet been completed, But it is recorded in the records of the Real Estate Department (Tapu), stating the location and the number of each part of it and the person who owns it. In the case of completion of the project or building with the approval of the housing from the municipality – if it complies with the Turkish conditions and standards – The easement bond becomes a title deed.
Building contractors usually present the characteristics of the building to be sold to the buyer by means of this register, in the form of a detailed description of the features, but on the other hand, a document is required to record the ownership of the floor because this document enables the landlord to obtain a housing license.
Law No. 5711 of 2007, published in the Official Gazette of 27 November 2007 on floor ownership, indicates the need to obtain a floor register. The law provides that fines will be imposed on realtors who do not register the property and obtain a floor property document.
5. Full title deeds
It’s called in Turkish (Kat Mülkiyeti), a bond that registers real estate ownership after it has been fully established. The independent sections are appointed with the approval of each section separately. The ownership of the bond shall be evidenced by the independent section of the mentioned building.
The title deeds and easements of the agricultural land and land for construction are different in terms of the information contained therein. These bonds include the number of the apartment or the independent section, its location in the building, and its share of the land under construction, in the absence of such information in the Tapu document, this means that the property in question has not yet obtained full title or real estate easement, but if the number of the independent part, the location, share of the land and other information related to it, and type as a colonial land, it means that the property has received the right of easement, If the property is mentioned as a building, a villa or an apartment, it means that the property in question has obtained the full title.
This is known by means of a reference in the type of Tapu: full ownership, real estate easement or transitional property.
The total building’s area, the number of parts, the part of the person concerned, the number of this part, and in which floor that is located, with its specifications, shall be shown in the complete title deed. This type clearly indicates the section of the purchaser and confirms the transfer of ownership of the specified section to the person concerned, in which it’s a type of legally completed real estate bond, obtained by the real estate owners after getting the approval of the housing from the municipality, by confirming the project according to the standard Turkish standards of accommodation and residence, where the owners then face no legal problem at all.
6. Department of Housing Approval
The approval granted by the municipality to the buildings that are established according to specific criteria It proves that the building in question has been established according to the approved construction project. In order to obtain the housing approval, the standards imposed by the state must be complied with, such as the existence of a fire ladder, the emergent cases and the construction of the building resistant to earthquakes, the fire extinguishers in building and others, the task of obtaining the approval of the housing department on the contractor or the contracting company that will establish the project and after obtaining the approval, the housing bonds are to be converted to all buyers to a complete title deed.
7. Transitional Title Deeds
Transitional ownership is the ownership right in the property for a certain period of the year. The transitional ownership of the property is determined by a period of 7-10 or 15 days per year, i.e. the purchase of a property in conjunction with the determination of the time use of this property, which is common in private properties for holidays and the like. The owner has all rights of ownership from the sale, lease and waiving his right to other persons.
It is the one that is paid when the full amount of the apartment is paid, in the event that the apartment is paid in cash, it is paid directly, and in the event of payment by installments, the Tabu fee is paid upon completion of the due installments, the property owner pays 4% of the total property price (paid once Just).
Things to note when listing a property in Turkey
1- The necessity of mentioning the type of real estate within the tapu and in this box it is clarified whether the ownership of the property is still a easement or has been converted into a full title deed.
2- When the type of property is clearly stated (apartment – villa – commercial store), this means that he has obtained the full title deed.
3- When mentioning the real estate information from (floor – area – real estate number) means that it is still an easement and has not been converted into full ownership.
Turkish Tapu Explained: Meanings of Terms Used
Taşınmaz bilgileri/Property Information: Information about the address of the property
• İl: City
• İlçe: Town
• Mahalle/Köy: District/Village
• Ada: Block number
• Parsel: Parcel number
• Yüz Ölçümü: Size of the land area
• Niteliği: Feature (whether it is vacant, cultivated, or land with buildings)
Bağımsız Bölüm/Independent Section: Information about the independent unit such as an apartment, house, etc.
• Arsa Payı: Land share
• Proje Alanı: Project square meters
• Blok/Giriş/Kat No: Block/Entrance/Floor numbers
• Bağımsız Bölüm No: Structural statuses like if it is an independent flat, house, or duplex unit number
• Cilt/Sayfa No: Number of volume/page
Malik bilgileri/Owner Information: Information about owners of the property
• Adı/Soyadı – Baba Adı: Name(s) of the current owner(s) and his/her father
• Hissesi: Share
Tescile ilişkin bilgiler/Registration information: Information about location, price, and type of property
• Taşınmaz Tip/No: Type and number of property
• Edinme Sebebi: Reason for purchase
• İşlem Bedeli: Purchase price
• Konum Bilgisi: Adress information (QR Code)
• Tescil Tarihi/Yevmiye No: Registration date
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