Tapu | Title Deed

The title deed (Tapu) is a legal document as proof of a person’s legal right to own property. Its authority is the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü – TKGM). TKGM (before Defterhane-i Amire) is a heritage institution of the Ottoman Empire to the Turkish Republic as one of the oldest corporates that was established in 1847.

Since all properties are freehold in Turkey, once you own a property, you have full ownership rights on your property in Turkey. To add, your family has also the right of inheritance (succession) after your death.

There are 3 title deed types of most commonly used title deeds. These are;

Easement Title Deed: This type of title deed is made between the landowner and building constructor. Easement title deed registers each section of the land separately, suited for a construction plan on a designated area, which then gets approved for construction.

Floor Easement (Kat İrtifakı) Title Deed: This type is given after at least 70% of the construction is complete. The Land Registry Office proof and approve that the building has been constructed in accordance with the Building Code. Building constructors can present the buyers with this type of title deed with detailed information for each individual unit.

Ownership (Kat Mülkiyeti) Title Deed: After the construction is completed, this type of title deed is given to landlords. After the building gets housing approval from the municipality the Ownership title deed registers the ownership for each independent area and the owners have full control over their title property.

The Title Deed Conveyance Process in Turkey

A title deed conveyance starts with a seller’s application at title deed offices. You can find title deed offices of TKGM in all cities in Turkey, and applications are accepted on weekdays until noontime. A buyer does not have to be present at the title deed office during the application.

For the application, all the documents should be ready. The required documents for title deed conveyance are as follows;

• The translation and the original buyer’s passport,
• Buyer’s tax number,
• Statement of identity information form,
• Appraisal report,
• Current title deed,
• Seller’s ID
• Encumbrance certificate
• Foreign exchange document

Title deed expenses are paid within the time frame between the application and the final signatures. The expenses include title deed conveyance tax, stamp taxes, and circulating capital.

Both parties are invited to the title deed office for final signatures by sending an SMS about the date and time of the appointment. The appointment date is given mostly the same day in the afternoon or within two days at the latest that depends on the work volume at the title deed office. If any of the parties is a foreigner, a sworn interpreter must be present at the title deed office. The translator is responsible for explaining the terms of the conveyance to the party since the papers are prepared only in the Turkish language. The title deed is printed by the officers and given to the buyer after the seller and buyer sign the title deed conveyance agreement.

Istanbul Homes guides you through all the title deed processes from preparing the necessary documents to the final signatures as a part of free after-sale services.

Turkish Tapu Explained: Meanings of Terms Used

Taşınmaz Bilgileri /Property Information: Information about the address of the property

• İl: City
• İlçe: Town
• Mahalle/Köy: District/Village
• Ada: Block number
• Parsel: Parcel number
• Yüz Ölçümü: Size of the land area
• Niteliği: Feature (whether it is vacant, cultivated, or land with buildings)

Bağımsız Bölüm/Independent Section: Information about the independent unit such as an apartment, house, etc.

• Arsa Payı: Land share
• Proje Alanı: Project square meters
• Blok/Giriş/Kat No: Block/Entrance/Floor numbers
• Bağımsız Bölüm No: Structural statuses like if it is an independent flat, house, or duplex unit number
• Cilt/Sayfa No: Number of volume/page

Malik bilgileri/Owner Information: Information about owners of the property

• Adı/Soyadı - Baba Adı: Name(s) of the current owner(s) and his/her father
• Hissesi: Share

Tescile ilişkin bilgiler/Registration information: Information about location, price, and type of property

• Taşınmaz Tip/No: Type and number of property
• Edinme Sebebi: Reason for purchase
• İşlem Bedeli: Purchase price
• Konum Bilgisi: Adress information (QR Code)
• Tescil Tarihi/Yevmiye No: Registration date

FAQ

Q: What is the title deed (Tapu)?
A: It is a legal document that proves a person’s ownership of a property.

Q: What are the required documents for title deed conveyance?
A: The documents that you need are in the following:

• The translation and the original of buyer’s passport,
• Buyer’s tax number,
• Statement of identity information form,
• Appraisal report,
• Current title deed,
• Seller’s ID.
• Encumbrance certificate
• Foreign exchange document

Q: How do I obtain the title deed (Tapu) in Turkey?
A: You should prepare all the required documents. If you buy real estate in Turkey, the seller provides its documents. Preparing the appraisal report takes two days in general. To add, if you are a foreign buyer, you should prepare all documents’ translations. After all required documents are ready, the seller should apply for title deed conveyance at Land Registry and Cadastre Office. In general, the title deed office invites buying and selling parties for final signatures in the afternoon.

Q: What are the title deed fees?
A: Title deed conveyance fees are as follows;

• According to the laws, the buyer and the seller pay a total of 6% fee combined. If you do not negotiate before purchasing the property, the buyer is expected to pay all conveyance tax as a Turkish custom.
• Appraisal Report Fee
• Title deed office circulating capital

Q: What is the right time for payment; money first or title deed first?
A: Money is first! Before signing the document, the title deed clerk asks the seller "Have you received your full payment for the property?", and the answer should be "Yes!". “First, receive the full payment, then title deed conveyance” is the correct order and the custom in Turkey.

Q: How long does the title deed conveyance process last?
A: In general, the process takes one or two days depending on the work volume at Land Registry and Cadastre office.

Q: Is property ownership leasehold or freehold in Turkey?
A: All title deeds in Turkey are freehold. There is not any leasehold property in Turkey.

Q: Is there a specific process for title deed conveyance if I purchase a property for Turkish citizenship?
A: You can buy and sell properties at your free will normally since all properties are freehold in Turkey. On the other hand, you cannot sell the property within three years when you buy a property for Turkish citizenship by investment, and this must be stated on the title deed papers.

Q: May my children under the age of 18 have title deeds on their names?
A: Yes. In this case, the child’s birth certificate with an apostille is also necessary.

Q: May I share a title deed with other people?
A: Yes. You may buy a property with several people together. Depending on your share amount, you have ownership rights of the property. There is not any limit to shareholders of a property.

Q: How many people can share a title deed?
A: There is no limit to the number of people whose names can be written on the same title deed.

Q: Does my spouse have the rights to my property?
A: According to the Turkish civil code, if you buy a property after your marriage, your spouse has the same rights as you if your spouse's name is not even written on the title deed.

Q: When I lost my original title deed, may I have it printed?
A: Yes, you may! Reprinting a title deed is a simple task. The Directorate of Land Registry and Cadastre preserve your original registration as hard and software copies with high security.

Q: What is hypothec?
A: Hypothec is a right, obligation, or security given by contract or operation of law to a creditor over the property of the debtor without transferring possession or title to the creditor. In Turkey, Hypothec on a title deed is used when a buyer owes an amount of money to a seller, and it removes from the title deed when the buyer pays the debt.

Q: How is the hypothec removed?
A: The removal of a hypothec from a title deed is a simple transaction. The owner applies for the hypothec removal in the morning, and the signatures are taken on the same day in the afternoon.

Q: What happens to my property when I die?
A: In Turkey, your family members have the right of succession after your death since the properties you buy are freehold.

Q: What is Title Deed Escrow (Tapu Takas)?
A: Title deed escrow (Tapu Takas) is an online safe payment system for a property purchase that the General Directorate of Land Registry and Cadastre stands between buyers and sellers. The payment is transferred to the title deed office’s bank account (Takasbank), and after the registration, the title deed office transfers the payment to the seller within seconds.

Q: What are the communication channels for the Title Deed Office?
A: You can contact the General Directorate of Land Registry and Cadastre by using the channels below;

Website: https://www.yourkeyturkey.gov.tr
E-Mail: bilgiedinme@tkgm.gov.tr
Phone: +90 312 413 60 00
Call Center: 181