Title deeds in Turkey: A comprehensive guide

What are title deeds (Tapu) in Turkey?

In Turkey, the term title deeds or (Tapu) refers to the legal documents that prove the ownership of a specific person over a specific property in Turkey. These bonds are considered an essential part of the real estate registration system in Turkey, through which every real estate property is documented. Title deeds protect the rights of the owner and the title deed contains information such as the owner's name, the location of the property, and detailed information about the property, such as the area and permitted uses of the property.

In Turkey, the term title deeds or (Tapu) refers to the official document that proves the ownership of a specific person over a specific property. The title deed is an important legal tool used in Turkey to determine and protect real estate property rights.

When a property is purchased in Turkey, the transaction is documented and the ownership is registered in the local real estate registry. The official title deed (Tapu) is then issued to the buyer as legally recognized ownership.

The title deed (Tapu) is a legal proof of real estate ownership rights and is considered an official and binding document under the law. It is used in many real estate transactions such as buying, selling, leasing, inheritance, and others. The title deed must be present and valid to confirm real estate ownership and carry out any real estate transaction in Turkey.

What are the types of title deeds in Turkey?

In Turkey, there are several types of title deeds depending on the type of property and the purpose of its use. Here are the most important known types:

Title deeds for residential properties (residential):

These bonds include apartments and private houses. The residential title deed contains information such as the owner's name, property location, area, permitted uses, and other details related to the residential property.

Title deeds for commercial real estate (commercial):

This category includes commercial buildings such as shops, offices, industrial buildings, and other commercial facilities. These bonds carry information about the permitted commercial use of the property and the necessary licenses.

Title deeds for agricultural real estate (agricultural):

These bonds include farmland and farms. It contains information about the type of agriculture permitted on the land, the agricultural area, and the necessary licenses for agricultural activity.

Title deeds for industrial real estate (industrial):

These bonds include buildings and lands designated for industrial purposes. It contains information about permitted industrial uses and licenses required for industrial activity.

Title deeds for tourist properties (tourist):

These bonds include buildings and lands allocated for tourism purposes such as hotels and tourist resorts. It contains information about permitted tourist uses and services available in the building or resort.

What are the types of Tabu in Turkey?

Red Tapu in Turkey

It is called the Red Tapu in reference to the red color of the title deed. This tapu is granted to residential properties such as apartments, villas, buildings, shops, and commercial real estate. This document includes three types of ownership types, which are as follows:

• Participation title deed

This type of bond is based on the system of sharing a single property between a number of people, and is also known as: transitional ownership, which is the ownership right in the property for a specific period of the year, in which the people who own the property have the right to ownership for an indefinite period, the minimum of which is a week, and any of the owners can waive his right to own property.

• Easement deed

The easement document proves the ownership of the holder of the real estate document that will be built on a specific piece of land, and it mentions the location and number of each section of the building and to whom its ownership belongs. This document is considered the stage that precedes obtaining the full ownership document.

• Full title deed

This type of ownership is granted when the property is of a complete ownership category, as it shows the building area, the number of parts, the part belonging to the property owner, the part number, and on which floor it is located, and it proves the person’s complete ownership of the property. This type of real estate deed is considered complete from a legal standpoint. The property owner obtains it after obtaining housing approval from the municipality to approve the project’s conditions and standards for housing and residence.

Blue Tapu in Turkey

Agricultural title deed is issued to a person when purchasing agricultural land, and the property owner has the right to raise livestock and poultry and cultivate the land within the property mentioned in the blue title deed. The Land Registry Department issues a land title deed to the owner, which includes all information about the property, such as the location, city, neighborhood, and area of the property.

How to obtain a title deed in Turkey?

To obtain title deeds in Turkey, the buyer must complete the purchase process through legal and legitimate methods. The buyer and seller must have the sale documented by an authorized attorney and register the property with the Land Registry. The official title is then issued to the buyer as legally recognized ownership.

To obtain a title deed in Turkey, several legal and procedural steps must be followed. Here are the main steps to follow:

1. Concluding the purchase contract: The process begins with concluding a purchase contract between the buyer and the seller, and this contract must be documented and legally recognized.
2. Determine the price and payment: The price of the property must be determined and a payment mechanism must be established. Payment can be in cash, via bank financing, or any other method agreed upon between the seller and the buyer.
3. Prepare documents: The seller must prepare all documents necessary to complete the sale, including the current title deed if available, and personal documents of the seller and buyer.
4. Legal documentation: After agreeing on the terms and documents, the purchase process must be documented before an accredited lawyer, where the lawyer prepares a draft of the purchase contract and has it signed by both parties.
5. Property Registration: After documenting the process, all documents are submitted to the local land registry office to register the property in the buyer’s name. The official title deed (Tapu) will be issued after completing the procedures and paying the relevant fees.
6. Receiving the title deed: Once all procedures are completed and the property is registered, the buyer can obtain the official title deed from the Land Registry Office. The title deed is the official document proving the buyer's ownership of the property.

These are the main steps followed by the buyer to obtain the title deed in Turkey. Be aware that there may be some differences in procedures depending on the region and local policies.

What are the steps for extracting the Tapu in Turkey?

Papers and documents required to obtain the Tabu document or title deed in Turkey:

• Original passport with a translated copy certified by a notary.
• The tax number that can be extracted within a short time electronically or from the Tax Directorate in Turkey.
• The identity statement form is a form that is filled out by foreigners.
• The real estate evaluation report takes 3 days to obtain.
• The old title document of the person selling the property.
• The identity card of the seller or the person authorized by the seller.
• Earthquake insurance for the property.
• 1 personal photo for the seller and 2 for the property buyer.
• The presence of a translator if the person is not Turkish.

Tapu fees and taxes in Turkey

The value of this tax is 4% of the total value of the price of a property as recorded in the sales contract, and it is paid when registering the title deed (Tapu) with the Land Registry Department in Turkey. The value of the title deed tax is usually paid equally between the seller and the buyer when transferring ownership, that is, when buying or selling, with each party paying only 2% of the value of the tax.