Title deed and its types (full legal information)
The title deed of the property or the so-called (Tapu) in Turkey is the official document that proves the rights to own property in Turkey, in which the real estate survey numbers and information about the property such as the name of the property owner, type of property, its location, area and others are mentioned, and it is signed and stamped by the title deed administration, where the Title Deed is being extracted from The Directorate of Land Registry, which is affiliated to the Turkish Ministry of Environment and Cities.
The title deed of the property (Tapu) is granted to the owner of the property only, and it is not granted to any person related to the property such as the lessor, mortgagor or others, even if the owners of the property are more than one person, only one title deed is granted to the property, and the details of each person’s share and percentage of the property are mentioned in the details of the title deed.
Types of Tapu in Turkey
The blue agricultural title deed and the red title deed for residential units (apartments- houses- villas- offices), where they were separated by color in relation to the validity of the property, is it agricultural land or land suitable for construction, Building and real estate development.
There are several types of real estate title deed in Turkey (Tapu), and they are detailed as follows:
- Agricultural title deed in Turkey
Or what is known as the blue Tapu, which is the title deed of agricultural lands and fields, and it gives its owner the right and legitimacy to carry out any agricultural work or to raise poultry, livestock or the like within this land he owns, and it gives the land owner the right to farm and benefit from the crops of the land and their inheritance after him.
- Construction and buildings Tapu in Turkey
It is a title deed often for independent houses, villas, palaces, factories, hospitals, schools and other real estate projects that are within a separate building.
In this document, the general information and basic data of the building are mentioned in full as one unit, without mentioning the special details of the sections or parts of the building.
- Real estate easements title deed
It is a title deed obtained before obtaining the full title deed, in which each section of the property is registered separately, such as dividing the project into separate sections where each apartment represents a section, until approval of the construction is issued, where these real estate easement documents prove the ownership of the title deed holder in the construction to be constructed but not yet completed. After the completion of construction and the issuance of housing approval, the title deeds are allocated to the property, in which the location and number of each section of the property and to whom it belongs is mentioned, and the easement deed turns into a full title deed.
- Floor Easement Tapu in Turkey
This title deed is issued after at least 70% of the construction work of the property has been completed, and a floor easement Tapu is required to protect the rights of the property owner. The floor easement Tapu is the document obtained to prove that the owner has a right in a specific floor of the building, and through it The Land Registry Office briefly states that the entire building was constructed in accordance with building codes.
Contractors usually display the characteristics and details of the building when it is sold to the buyer through this register, explaining these characteristics and features accurately and carefully, and after the completion of construction, the contractor applies for full ownership of each title deed.
- Ownership Properties Title Deed in Turkey
These are documents that record the ownership of real estate after the completion of its construction completely, and in which the independent sections are assigned to the building, and each section is issued its own title deed proving the ownership of the owner of the title deed.
In this title deed, the type of property, its number, location of the building, and its share of the building land are mentioned.
How much is the Tapu fee in Turkey?
Tapu fees in Turkey amount to 4% of the property price. It is imposed by the state on both the seller and the buyer and is paid only once. An agreement is made between them regarding who bears this cost, and it is often agreed to pay it equally, 2% on the seller and 2% on the buyer, sometimes all the expenses are borne by the buyer, and herein lies the importance of consulting a real estate company so that these conditions are clarified and know what you are entitled to and what you should do when buying a property in Turkey.
What are the papers needed to extract the Tapu in Turkey?
- The personal identity of the purchaser of the property or the agency in the case that there is a person acting on behalf of the purchaser, and the agency must be attested by the notary public or the Turkish embassy in the country of the purchaser.
- The buyer's passport and a copy certified by a notary public and translated into Turkish.
- The buyer's tax number, which is extracted from the Turkish Tax Department.
- The personal photos required by the real estate department, which is one photo for the seller and two photos for the buyer.
- DASK earthquake and natural disaster insurance.
- The common allowance document obtained from the concerned municipality to which the property belongs.
- The real estate registry document belonging to the real estate.
- Real estate appraisal report.
If the property is not ready for delivery, the buyer does not receive the title deed until the property is delivered.
The same applies to those who buy the property in installments, the title deed is not received until all installments are paid.
What information is recorded in the title deed or Tapu in Turkey?
- The real estate address: where the city or village, district, and street in which the property is located is specified.
- A personal photo of the owner.
- A registration number for the land on which the building is located.
- Type of land: is it valid or not suitable for construction, as the Turkish municipality adopts certain conditions that must be met in the lands in order to be granted the construction permission, as all residential complexes and modern projects in Turkey were built on lands suitable for construction.
- The area of land on which the housing project or construction is located.
- The area of the property with the floor number and building number.
- The value of the property, and it must be in Turkish Lira.
- Information on how to purchase the property: Is this property obtained by inheritance, or by purchasing it from a previous owner or a new property purchased from a construction company? In the same field for purchase information, information about the previous owner of the property is also added, is he Turkish or foreigner? If the property is used or not new, is the property mortgaged or not?
- Information about the property owner: It is simple information to identify the person, such as the name, national identity number and nationality. If there is more than one owner of the property, the previous information is mentioned with the attachment of each of theme’s share of the property.
- Registration data before purchase.
- Registration data after purchase.
- Stamp and signature of the person responsible for organizing and issuing the title deed (Tapu).
How is the process of transferring the title deed of property in Turkey?
As mentioned earlier, the property title deed is the document by which you prove that you are the rightful owner of the property. The process of transferring the title deed to the property is done as soon as the buyer signs the sale and transfer documents, and this takes place at the title deed registration offices through a real estate agent.
On this stage, the title deed expenses are paid and they include title transfer tax, stamp tax and working capital tax.
Steps to transfer the title deed of property in Turkey:
- All necessary documents and papers are prepared, as follows:
- Buyer's passport with a copy certified by a notary public and translated into Turkish.
- Buyer's tax number.
- Buyer identification form.
- Real estate appraisal report on the property to be purchased.
- The current title deed of the property.
- The identity of the property seller.
- The title deed registration office invites both parties to sign the final transfer process by sending an SMS stating the date and time of the appointment. Most appointments are issued on the same day as the request and may sometimes be delayed by a maximum of two days.
If one of the parties is a foreigner, during the process of transferring the title deed, a trusted sworn translator is present to explain the terms and details of the process, as papers and documents are prepared in Turkish only.
Can more than one person share the title deed? Is there a certain number of people allowed to share the title deed?
Yes, more than one person can share one title deed of the property, if the owners of the property are more than one person, only one title deed is granted to the property, and the details of each person’s share and percentage of the property are mentioned in the deed details, and there is no specific number of people allowed to participate title deed.
Turkish Land Registry Directorate in the Digital Age
In the last 10 years, the Turkish Land Registry Directorate has kept pace with modern technology and automation of information by developing its working methods and facilitating official procedures and transactions in order to provide the best services in an easier and faster way. Among the works carried out by the Turkish Land Registry Directorate:
- The adoption of the identification code “QR barcode technology” on real estate titles:
At the end of 2018, QR barcode technology was adopted on title deeds, through which the location of the property is recognized on the map and all property information is easily accessible.
- Abolition of mandatory personal photo in title deeds:
The obligatory personal photo in title deeds has been abolished, as the Land Registry Directorate used approximately 3 million personal photos, and with this step it became available to 150 million Turkish liras.
- Remote ownership transfer procedures in Turkish cities or different countries:
With this decision, the seller and buyer can complete the process of transferring ownership, each party from the Real Estate Registry Directorate located in his city in which he is located, or even in his country if he is outside Turkey.
- Opening of 12 representative offices of the Land Registry Directorate outside the Republic of Turkey:
The Directorate of Land Registry has opened 12 representative offices outside the borders of the Republic of Turkey, the first of which was in Berlin, the German capital, with the aim of facilitating the buying and selling procedures for expatriates outside Turkey. Among these countries are also Azerbaijan, France, Belgium and 5 Arab countries.
- It is now possible to obtain 4 real estate documents from the E-devlet:
It is now possible to obtain the real estate title deed, the mortgage document, the property registration document, in addition to registering the real estate stake, from the e-government window E-devlet.