The Comprehensive Guide to the Turkish Title Deed (TAPU)

What is a Tapu, or a Turkish Title Deed?

A Turkish title deed, also known as a TAPU in Turkey, is an essential document that identifies property ownership. The information on the property and the owner may be found in the deeds. The TAPU and Cadaster General Directorate provide, record, and archive the title deeds in Turkey.

Buyers should be aware of the steps required in transferring a Turkish title deed, as well as the potential risks. We recommend consulting a lawyer to assist you with all of the essential checks involved in the process, especially if the purchase is out of the ordinary; such as if you’re buying a Turkish property intending to obtain citizenship.

We deal with a variety of property attorneys in Turkey and we can refer you to the one that is most adequate for you. However, we also provide a full “buy and investment” package, ensuring a clean transaction from start to end.

Types of the Turkish title deed:

• Blue Tapu

This TAPU pertains to land titles and shared ownership. Explained as the following:

1. Land ownership: For titles related to land, the title will be for that land only and will not apply to any houses.
2. Shared ownership: If the TAPU is for a multi-family shared complex, the title will indicate to you what percentage of the entire property you own. For example, you may own house number 3 in a block of 20 properties, but your title will simply state that you own one share of 20. This limits an owner’s autonomy over the property, and some will be trapped when it comes to making significant decisions about the sale or care of the property. Mortgages are not available to owners of properties having joint ownership titles.

• Red Tapu:

Individual ownership is indicated by this freehold title deed, with the unit stated on the title deed. So, in our earlier example, it will say “home 3” rather than a percentage of the entire development. A mortgage can be issued for this form of the title deed.

The freehold title is indicating whether it is residential or commercial. On the form, a check box will indicate which category your property belongs to.

1. Kat irtifaki: essentially meaning: “construction servitude.” This term refers to a development that is still in the making. A kat irtifaki title indicates the allocation of units inside the development following the resource consent.
2. Kat mulkiyeti: Once the development is done, officials from the local municipality inspect the property to ensure that everything is in order. They will then issue an occupancy permit or Iskan. An Iskan is a document that permits a title to be converted to the following stage: kat mulkiyeti, or complete title deed.

Once a kat mulkiyeti is obtained, utilities can be connected to a property. So, if your title document includes the phrase ‘kat mulkiyeti,’ it implies the property has an Iskan (habitation license) granted by the municipal planning department. We advise our customers to obtain a kat mulkiyeti title: without one, you are leaving yourself exposed to a substandard property that will be extremely difficult to sell.

Title deed check:

It is essential to consider title deed clearing as part of the necessary examinations. If the title deeds are registered for any charges, mortgages, or other restrictions on the title. This can be done by the buyer or a buyer’s lawyer if they have a power of attorney.

Costs of the title deed:

There are costs associated with the title deed transactions when purchasing or selling Turkish properties. The title deed transfer charge, commonly known as stamp duty tax, is 4% of the purchase price. When a title deed exchange is completed, this charge is due (sale and purchase). In most cases, the seller declares the sales price, and the buyer pays the charge.

The procedure of obtaining The title deed in Turkey:

1. Schedule a visit to your local title deed office. Don’t forget to bring your passport and ID cards.
2. The parties agree on a transaction declaration value so that stamp duty can be imposed. The buyer pays for this.
3. Stamp duty is paid over wire transfer.
4. The seller signs the title deed to the buyer, acknowledging receipt of the purchase money and certifying that the title is being transferred free of pressure.
5. The buyer signs the title deed and accepts the title, including any liabilities.
6. The new owner receives the new original title deed.

Citizenship by investment and Turkish title deeds:

Anyone with a minimum of $400,000 who wants to invest in Turkish real estate now has the opportunity of obtaining a Turkish passport. In this case, when a property buyer applies for Turkish citizenship through investment, a charge is imposed on the title deed, blocking any title deed transfer (sale) for three years. With this in mind, we advise all citizenship investors to purchase a title that is “clean” of any mortgages or charges.

If you want to learn more about getting a Turkish title deed, please contact us in Prestij Consulting, we make sure that everything goes just fine on your behalf.