Buying property in Turkey is a straightforward process, but understanding the title deed (Tapu) transfer is crucial for a smooth transaction. This guide provides a step-by-step explanation of the Tapu process, the different types of title deeds, common pitfalls, and legal requirements.
What Is a Title Deed (Tapu)?
A Tapu is an official document issued by the Turkish Land Registry and Cadastre Directorate that proves ownership of a property. It contains key information, such as the owner’s details, property type, size, and location.
There are two main types of Tapu in Turkey:
- Red Tapu (Kat Mülkiyeti & Kat Irtifakı): For properties with residential or commercial approval.
- Mavi Tapu (Arsa Tapusu): For land ownership, which may or may not have construction rights.
Understanding the process is crucial to ensuring you purchase is completed smoothly and without stress.
Step-by-Step Process of Obtaining a Tapu
1. Preliminary Checks and Legal Verification
Before proceeding with the Tapu transfer, ensure that:
- The property has a valid title deed.
- There are no outstanding debts or mortgages on the property.
- The seller is the legitimate owner and has the right to sell.
- The property has all necessary approvals and permits.
Hiring a lawyer or working with a reputable real estate agency can help verify these aspects. Pera Property carries out all of these checks on your behalf.
2. Sales Agreement and Payment
Once due diligence is complete, the buyer and seller sign a sales agreement (Satiş vadi sözleşmesi). This contract outlines:
- Agreed sale price
- Payment schedule
- Conditions for transfer
- An itinerary of any fixtures, fittings, and furniture that will remain in the property
- Penalties for non-compliance
It’s advisable to make payments through a bank transfer for transparency and proof of transaction.
3. Applying for Tapu Transfer at the Land Registry Office
The buyer (or their legal representatives) must apply online at the Land Registry and Cadastre Directorate website. Required documents will need to be uploaded, including:
- Buyer and seller’s passports/Turkish IDs and tax numbers
- Title deed of the property – this data is automatically taken via the governmental database
- DASK (earthquake insurance policy)
- Property valuation report (mandatory for foreign buyers)
- Power of attorney for the parties, should they not be attending in person
- Names of people who will attend on behalf of the parties, if applicable
- Sworn translator (for non-Turkish speakers)
4. Payment of Fees and Taxes
To complete the transfer, the following costs must be covered:
- Title deed transfer tax: 4% of the declared property value (typically split between buyer and seller but negotiable). This must be paid in advance and a bank receipt presented on the day.
- Service fees: Land registry processing fee (Doner sermaye). This must be paid in advance and a bank receipt presented on the day.
- Translator fees: If needed for non-Turkish speakers
5. Official Tapu Signing and Ownership Transfer
After payment, an appointment is scheduled at the Land Registry Office. Both parties sign official documents in the presence of a registrar. Once approved, the new owner’s details are recorded, and the new Tapu is issued.
The buyer officially becomes the legal owner of the property at this stage.
Common Issues and How to Avoid Them
- Title Deed : Verify that the seller is the legitimate owner and the Tapu matches the property details. This is done by asking for a copy of the Tapu and the owner’s ID (Kimlik) – you can then cross check the owner details.
- Undeclared Debts: Ensure there are no outstanding mortgages or tax debts linked to the property. When transferring the property, the tapu office confirms that the property is debt and condition free. The other debts to check are any outstanding maintenance fees – visit the management of the building/compound to check this. Another debt is outstanding property tax, however these days the tapu office asks the seller to provide a recently issued document from the municipality that confirms there are no property taxes outstanding.
- Incorrect Property Valuation: Property valuation reports are now mandatory for foreigners to prevent overpricing.
- Zoning and Usage Issues: Confirm that the property’s designated use matches your intention (residential, commercial, etc.). You can do this at the local municipality (belediye). If the title deed is of Kat Mulkiyet type, it means that all permits and zoning issues have been abided by. In the case where you are buying a villa or similar, you should ask to see the original planning permission and check it against what is physically there. You can then see if any additions have been made to the villa after permits have been granted.
- To avoid these issues, ensure you are using a licenced Real estate advisor and reputable lawyer.
Can Foreigners Own Property in Turkey?
Yes, foreigners can buy real estate in Turkey, except in military zones and some restricted areas. However, they must:
- Obtain a Turkish Tax Number from the local tax office.
- Provide a notarized passport translation.
- Secure a property valuation report from an authorized institution.
What If You Are Not in Turkey for the Transfer?
Foreign buyers who cannot be present for the Tapu signing can grant Power of Attorney (PoA) to a legal representative. This must be done at a Turkish notary office or a Turkish consulate abroad.
The Tapu process is a crucial step in buying property in Turkey. By understanding the requirements, working with professionals, and ensuring all documents are in order, buyers can confidently secure their investment. For more details or assistance, consulting a licenced real estate expert like Pera Property or reputable lawyer is highly recommended.
