When buying Turkish real estate, one of the main tasks is to re-register the title from the previous owner to the new owner. This procedure is considered decisive, since it secures the buyer's right to dispose of property in the territory of the eastern republic on legal grounds. And today we propose to delve into this topic and reveal all the most important aspects: how state registration of property takes place, what document the owner receives, what this title looks like, what types of deeds there are and how much it will cost.
State registration of property rights to real estate in Turkey
The first thing to understand is that just as every person has a personal passport that certifies his identity, so every real estate property has an owner who can dispose of this property. But he can dispose of it in different ways: the owner can sell the apartment, give it away, leave it as an inheritance, etc. At the same time, from a legal point of view, this procedure for transferring rights is regulated by certain legislative norms of the Turkish Civil Code and is subject to a clear algorithm of actions.
In order to transfer real estate and register the change of ownership, you must contact the Main Directorate of Land Registry and Cadastre of the Ministry of Environment and Urbanization at the location of the property.
The application can be submitted online on the website of the cadastral department . On this resource, information about the buyer and seller, as well as about the property, is entered in the appropriate fields, after which a date is set for the parties to meet to sign the act.
You can also make an appointment by phone. To do this, call the call center at ALO 181.
On the appointed day, a deed is drawn up, which confirms that the parties have no claims against each other, and then the transfer of ownership occurs, as a result of which information about the change of owners is entered into the state register and a TAPU is issued. We will talk about this title below.
For reference:
The State Register of Property Rights to Real Estate in Turkey is the only information base containing information on property rights and their encumbrances.
From the moment of entering information on the registration of the property right, the buyer acquires all property rights to the object and can dispose of it at his own discretion.
It is important to note that when signing a purchase and sale agreement, even if it is notarized, this document does not provide grounds for the transfer of ownership to the new owner. That is, he does not become the legal owner of the property. To do this, he needs to obtain Tapu. And it does not matter what kind of property we are talking about. This applies to both residential and commercial premises, as well as land plots.
What is TAPU in Turkey?
TAPU is a legal document of established form establishing the right of ownership to the acquired real estate in Turkey.
This is an official act, which is the only title document that establishes the legal right of ownership of a certain object. And as stated earlier, it is issued by the only authorized body - the cadastral chamber (Tapu be Kadastro Müdürlüğü).
What does TAPU look like in Turkey? It is a standard A4 form containing the following information:
- Address of the object (province, city, district, street).
- Registration number of the object in the cadastral register.
- Property parameters (footage, floor, house and apartment number).
- Cadastral value of property in Turkish lira.
- Personal data of the previous and future owner of real estate.
A title deed may be issued to one owner or to several people (up to 10 people). In the latter case, the document specifies the share of each owner.
Two types of title: red and blue
Now let's take a closer look at what kinds of titles there are. In Turkey, there are 2 types of title deeds, which are visually distinguished by color:
The owner of a land plot with real estate objects built on it (apartment, villa, commercial property) will have a red TAPU in hand.
The blue title is given to owners of plots without buildings located on them. Such plots are acquired for the construction of a private house or when purchasing agricultural land (up to 30 hectares).
The procedure for re-registering property rights in Turkey
The process of re-registering a TAPU when buying an apartment on the primary and secondary market is the same and looks like this:
- Selection of an apartment.
- Signing a preliminary agreement and making a deposit.
- Conducting expert assessment of real estate.
- Preparation of a package of documents for the transaction:
- obtaining an identification number from the Turkish tax office;
- opening a bank account in one of the Turkish banks. - Submitting an application for registration of the transfer of ownership to the Cadastral Service.
- Obtaining TAPU from the land management department.
Important: All taxes for the title deed and full payment for the property must be made before submitting the TAPU application.
Both parties (seller and buyer) or their official representatives must be present when registering the property. If one of the parties does not know Turkish, the presence of a sworn translator is mandatory.
List of documents for state registration of rights to real estate in Turkey
The documents required during the title deed transfer process differ for the buyer and seller.
The seller needs to prepare:
- the original or a photocopy of the title deed,
- 1 photo,
- original and 1 photocopy of identity card,
- a document showing the value of the property,
- Certificate of Compulsory Earthquake Insurance (DASK),
- a certificate of absence of tax arrears.
The buyer must have with him:
- 2 photos,
- original and photocopy of identity card,
- Turkish identification number.
If the purchase and sale transaction is carried out by someone else, such as a real estate agent or a friend/relative, a power of attorney is required. It can be issued by a notary or at the consulate.
The total period for reviewing documents submitted to the state registrar is on average 14 working days.
After receiving the title, the new owner can register or re-register the electricity and water subscribers in his name.
How much does it cost to register a TAPU in Turkey?
When re-registering the property right, a tax of 4% of the transaction amount is paid to the state treasury. It can be distributed equally between the parties: 2% each, or one of the parties can take on this obligation by agreement.
In addition, a cadastral tax (Döner Sermaye) of 150 euros is charged for state registration of ownership of real estate in Turkey. The fee for the certificate of ownership is paid to the tax office at the place where the transaction is made.
When deciding to buy real estate in Turkey, you should approach the issue of documentation for the property very carefully, especially when it comes to title documents. In order to avoid getting into an unpleasant situation, you should enlist the support of qualified realtors who can protect you from all sorts of troubles.
The managers of the Armoni Homes agency are always ready to help you with this. They will not only select the best apartments in the eastern republic for you, but also verify the authenticity of the TAPU for the selected property, and will also take on the entire process of re-registering the property in your name.
