What is a Property Deed?
It is a formal and legal document that establishes a property's ownership rights. It keeps track of the property's location, owner, type, and size. In Turkey, the title deed of the property is known as "Tapu."
The General Directorate of Land Register and Cadastre (Tapu ve Kadastro Genel Müdürlüğü - TKGM) is in charge of the title deed registry and archive. Every city in Turkey has a title deed office run by TKGM. TKGM (formerly Defterhane-i Amire) is part of the Ottoman Empire's legacy organization. It was founded in 1847 as one of the Turkish Republic's oldest corporations.
The real estate title deed process is determined by the property's present stage. There are three common types of deeds in Turkey:
Types of Title Deeds in Turkey
Easement Title Deed: This sort of title deed is created in collaboration with the building constructor and the property owner. This title deed registers each section of the property separately. A suitable project is planned for development on a specific piece of land, and then the project is approved.
Floor Easement (Kat İrtifakı) Title Deed: This is the title deed that divides the construction project into sections. It is given after at least 70% of the construction is completed.
The Land Registry Office verifies and certifies that the building was built in conformity with the Building Code. Builders can provide customers with this type of title deed, which includes precise information for each individual unit.
Ownership (Kat Mülkiyeti) Title Deed: This title deed registers ownership in each independent area after the construction is completed. The property is inspected to verify if it meets Turkish housing standards. It is also checked to ensure that the owners are not in any legal trouble. Then the landlords receive it after receiving housing permission from the municipality.
The Property Deed Transfer Process in Turkey
An application at the title deed office is made by the seller. TKGM has title deed offices in every city in Turkey, and applications are accepted Monday through Friday until noon. Buyers are not required to be present during the application process.
While applying for a title deed conveyance, the seller brings the needed documentation to the title deed office. Property deed expenses must be paid within the time range between the application and the final signing. Expenses include title deed conveyance tax, stamp taxes, and circulating capital.
After the completion of the title deed transfer paperwork, both parties are invited to the title deed office for final signatures. The appointment time is determined by the volume of work at the title deed office. It is usually offered the same day in the afternoon or within two days at the latest.
A sworn interpreter must be present at the title deed office if one of the parties is a foreigner. The translator is responsible for describing the terms of the conveyance to the party as all the paperwork is in Turkish.
After the seller and buyer sign the title deed conveyance agreement, the officials print the title deed and send it to the buyer.
As part of our free after-sale services, Bursa Homes ® follows the title deed procedure for our customers. We assist you throughout the whole process from preparing the needed documents to final signatures.
Property Deed Example
The Turkish Tapu terms and meanings:
Taşınmaz bilgileri – Property Information: Information about the address of the property.
İl - City
İlçe - Town
Mahalle/Köy - District/Village
Ada - Plot / block
Parsel - Parcel
Yüzölçümü - Area/size of the land
Niteliği - Whether it is a building, vacant or cultivated land
Bağımsız Bölüm - Independent Section: Information about the independent unit such as a flat, house, etc.
Arsa Payı - Land share (what proportion of the land belongs to the independent unit.)
Proje m² - Project area
Blok/Giriş/Kat No - Block/Entrance/Floor number
Bağımsız Bölüm No - Independent unit Number
Cilt/Sayfa No - Volume/Page no
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 Tipi/No - Property Type/No
Edinme Sebebi - Reason for purchase and from who to whom the property has been sold
Mülkün alım fiyatı - Purchase price of the property
Konum Bilgisi - Adress information (QR Code)
Tescil Tarihi/Yevmiye No - Registration on date
FAQs About Title Deed in Turkey
Q: What is the title deed of property?
A: It's a legal document that establishes a person's ownership of a property.
Q: What documents are necessary for a title deed conveyance?
A: The following documents are required for the title deed conveyance application:
• 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
Q: How much does it cost to transfer property deeds?
A: Title deed transfer costs are as follows.
• According to the law, the buyer pays 2% and the seller pays 2% in conveyance tax. If you do not negotiate before purchasing a property, the buyer will be responsible for all transfer taxes as Turkish customs.
• Appraisal Report Fee
• Title deed office circulating capital
Q: How to get a property deed?
A: When you buy a property, the seller will provide you with the property documents. In most cases, preparing the appraisal report takes two days. If you are a foreign buyer, you must have all documentation translated.
The seller should apply for title deed conveyance at the Land Registry and Cadastre Office once all relevant paperwork is ready.
Q: How long does it take to transfer a title deed?
A: It usually takes one or two days after you submit your application with the documents. It depends on the workload at the Land Registry and Cadastre office.
Q: Is property ownership in Turkey leasehold or freehold?
A: All house property deeds are freehold in Turkey.
Q: Is there a different process for obtaining a title deed if I purchase a property for Turkish citizenship?
A: You can typically buy and sell properties at your free will as all properties in Turkey are freehold. However, when you buy a property for Turkish citizenship through investment, you cannot sell it for three years. It is specified on the title deed papers.
Q: What exactly is hypothec?
A: A hypothec is an obligation, right, or security by contract or by operation of law. It is granted to a creditor over the debtor's property without the creditor gaining possession or title.
When buyers owe money to sellers, a Hypothec on the title deed is used in Turkey. When the obligation is paid, it is taken from the title deed.
Q: How is the hypothec removed from the title deed?
A: Removing a hypothec from a title deed is an easy process. The owner applies for the hypothec removal in the morning. Signatures are taken the same day in the afternoon, just as the title deed transfer process.
Q: Can children under the age of 18 have title deeds on their names?
A: Yes. An apostille on the child's birth certificate is also required.
Q: What is the number of people who can share a title deed?
A: The number of people whose names can be written on the same title deed is unlimited.
Q: Does my spouse have ownership rights to my property?
A: If you purchase a property after you marry, your spouse has the same rights as you. Even if his/her name is not included on the title document.
Q: What happens to my property once I die?
A: Since property ownership is freehold, your family members will be able to inherit them after you pass away.
Q: Can I have my original title deed reprinted if I lose it?
A: Of course. A title deed can be reprinted with ease. Your original registration is kept safe at The Directorate of Land Registry and Cadastre.
Q: What is Title Deed Swap (Tapu Takas)?
A: The title deed swap system (Tapu Takas) is a safe and innovative way to transfer title deeds. The system is integrated with Takasbank and the title deed office bank account.
Within seconds of receiving the payment and title deed, the system transfers money to the seller and the title deed to the buyer.
Q: What are the Title Deed Office's communication channels?
A: The General Directorate of Land Registry and Cadastre can be reached through:
Phone: +90 312 413 60 00
Call Center: 181