Title Deed : Here’s What Nobody is Talking About

In Turkey, a title deed is a document that grants legal status to the owner of any property in Turkish territory.

There is no doubt that while you are looking for procedures and steps to own a property in Turkey, you have already heard a lot about Tapu or Title deed in Turkey.

Today, we will explain to you the concept of Tapu, its types, importance, and the papers needed to obtain it.

All that foreigners should know about the title deed in Turkey!

It is improper to accept, as a foreigner, the process of buying real estate in Turkey without knowing the initial information about how to buy a property in Turkey.

Among the most important information for the validity of buying a property in Turkey, as well as the success of the real estate investment step without any legal problems, is the possession of a proper title deed.

The concept of title deed in Turkey

Tapu, a word in the Turkish language, means the title deed of the property in Turkey. 

And it is the official document granted by the Land Registry Department to the new owner of the property in a procedure to prove his ownership of the property where his name is included in it, in addition to other information related to the property, which we will detail below.

The title deed is granted in Turkey during the last stage of purchase, as the lack of possession means that the legal ownership of the property by a person, whether Turkish or foreign, is not recognized.

Title deed content while buying a property in Turkey

The first thing you should know as a foreigner wishing to buy apartments for sale in Turkey is that the Tapu is a legal document that is extracted from the Land Registry Department in Turkey, where you find this label: “Tapu ve Kadastro Genel Müdürlüğü”.

• The title deed contains the following information:
• The address of the property you are going to buy.
• The serial number of the land registration on which the property is built.
• The area of the plot of land on which the property is built.
• The area of the property you are going to buy, the building number and the floor on which the property is located.
• The financial value of the property is in Turkish lira.
• A personal photo of the property owner, his name, nationality...etc.

This is the most important information that must be checked for its presence in the title deed document, with attention to the need to conform to the specifications of the property in reality.

Documents required to obtain Tapu in Turkey

In fact, for any step in the Turkish real estate sector, you have to prepare your papers in advance, so that you do not face any embarrassment, narrowness, or delay in transactions.

In general, the tapu does not need many papers while extracting or signing it, as its file consists of the following:

• The passport is translated or the personal ID is also translated into Turkish and certified by the notary public.
• The tax number that serves as your identification in Turkey with government departments.
• A personal photo of the seller of the property and two photos of the buyer.
• Earthquake insurance policy.
• Energy identity document.
• Legal personal agency in the event that the real buyer is represented by a second person from his relatives or friends.

These are the most important documents required by the Land Registry Department from both sides of the process of buying a property in Turkey prior to the transfer of full ownership.

Is the title deed a document that can be shared while buying a property in Turkey?

Many foreigners wishing to share the ownership of one property or group of properties in Turkey are ambiguous about the possibility of accepting this by Turkish law, and if accepted, does the law grant the title deed to both or only one person?

Answer

According to the frameworks of Turkish law, one title deed is issued to all co-owners of the property, with the share of each participant in the property being shown in detail.

The Real Estate Registry Department issues to each real estate owner a title deed of his own, in which the name of the owners and their share of the property, if it is partial or complete, are written.

Turkish law protects a person's ownership of real estate, regardless of the number of owners, by clarifying everything in detail.

Procedures for obtaining Tapu in Turkey

The procedures for transferring ownership in order to obtain the Tapu are subject to simple transactions through which a foreigner can obtain the Tapu as soon as possible, not exceeding in some days 3 days, and it can also be done in one day only.

In general, the transactions for obtaining a Tapu when buying a property in Turkey pass through:

• The personal presence of the property owner and the buyer in order to sign the purchase contract.
• Obtaining the tax number from the nearest tax department to the buyer's address by presenting the passport only.
• Opening a bank account in a Turkish bank in order to transfer money to buy a property, even if the procedure is not necessary if the owner has another way to transfer money through Turkish banks exclusively.
• Assignment of the apartment contract by the seller to the buyer in the Land Registry Department.
• Receipt of the title deed of the property in addition to the key to the apartment, villa, or any type of property in Turkey.

Types of Tapu in Turkey

When you think about buying apartments for sale in Turkey or buying real estate in Turkey in general, you find that there is a difference in the colors of the title deed or the information mentioned. The title deed is divided into types as follows:

Types of Tapu in Turkey are divided into 3 types.  Every title deed in Turkey is prepared specifically for the property situation you want to buy. Tapu Types in Turkey are listed below:

– KAT MÜLKİYETLİ TAPU: This kind of tapu is prepared when the building of real estate that a person will buy is completed.  The total area of the building, real estate type, square meter, and the number of the independent section are among the information in the title deed.

– KAT İRTİFAKLI TAPU: This kind of tapu is prepared when the building of real estate that a person will buy is still under construction. The land share information registered in the name of the right holders is included in the title deed.

– HİSSELİ TAPU: This kind of tapu can be defined as the tapu type showing the partners of immovable property. The names of the real estate owners are written open in the title deed but the information of which partner owns which department is not mentioned in the tapu.

In addition to tapu types, a tapu has 2 colors and each color has a meaning.

Red Tapu Turkey: The red tapu in Turkey is prepared when a building is completely finished. The red title deed or tapu can be for apartments, villas, or commercial units.

Blue Tapu Turkey: The blue tapu in Turkey is prepared for the lands without any residential units. When a person buys an empty land, a blue tapu is given.

5 questions you must ask about Tapu in Turkey

The following is Al-Huda for real estate investment, a set of the most common questions that its clients ask our consultants regarding owning a property in Turkey, specifically about the title deed, with expert answers to them:

Can the title deed be extracted again in case it is lost or damaged?

Of course, you have the right to obtain a new Tapu by applying to the real estate registry department closest to your area of residence.

Is it possible to register the Tapu in the name of a son under 18 years old?

There is no problem with that if you want, but the most important thing is that it be accompanied by the consent of the parents and a certificate of marriage certified by the notary public in Turkey.

Does the property allow you to inherit the property in Turkey and how?

Owning a property in Turkey is free, and therefore it can be inherited as a guaranteed right that is easily done to the wife, children and relatives according to certain conditions.

What is the number of people allowed to participate in the Tapu in Turkey?

Turkish law does not specify the number of people allowed to participate in the Tapu, as long as they have the right to own the property.

Is the title deed of the property designated for obtaining Turkish citizenship different?

The title deed is the same in Turkey and its standards are the same, but in the title deed for obtaining Turkish citizenship, you find the phrase “real estate not for sale within 3 years,” which is the most important condition in the real estate directed to obtaining Turkish citizenship according to the real estate law.

This was the most important information about buying real estate in Turkey, which was summarized by Al-Huda for real estate investment in a set of points that can be referred to before buying real estate in Turkey.