Tapu in Turkey has become one of the essential investment assets everyone seeks because of title deed (tapu) enormous and golden economic benefits. Moreover, with the growth of interest in real estate ownership in Turkey, since it has become one of the first successful industries, many investors and people looking to buy different types of property are curious about Tapu (title deed). And we have produced this detailed article for you so that you can know and learn all the information and facts you need about property title deeds.
What is the title deed in Turkey?
The title deed (Tapu) is an essential document you must receive as an investor if you decide to purchase a property in Turkey. Title deeds officially establish the ownership of the property. In addition, the title deed is the document recognized by the official Turkish government agencies, whether the property is an apartment, store, office, or villa. To obtain Turkish citizenship or real estate residency, you must first acquire the property title deed and also remain the owner for three years. The Turkish Ministry of Environment and Cities’ Real Estate Registry Directorate will organize title deeds for you and contain crucial property information such as location and real estate survey numbers.
Types of title deeds
The number of people looking for a title deed is growing by the day, so you should know the many types of title and how types of title deeds differ based on the type of property. Tapu (title deed) is available in three types of title from the Turkish Tapu Department. The land’s existing state also influences the title deed’s form. So let’s start with the most common types of titles.
The title deed is what matters to the owner of the apartment, real estate, or villa, and this title deed is the document that records the ownership of the property after the full completion of its construction. These title deeds contain the number of the apartment or the independent section. Also in the title deed, you’ll find its location in the building, and its share of the land on which the building is built. In the absence of such information in the title deed, the real estate in question still needs to obtain the full title deed or title of real estate easement.
The real estate easement deed
The real estate easement deed is known in Turkey as a temporary document to prove ownership of a property on which a real estate project will be built pending the completion of the project and obtaining the complete title deed. Individual ownership is defined as properties owned in your name with no other owners or a beneficiary designation.
In general, the real estate easement deed protects real estate owners from falling into a legal violation and protects them from paying financial fines, as it gives you the ability to register the property in the Tabu Department officially,
The land easement designation deed
It is the title deed in Turkey that divides the real estate project into separate sections. After 70% of the construction, the Land Registry Office proves that the Turkish Building Law has constructed the entire building. You can also obtain the properties of the building to be sold through this title deed.
The title deed (Tapu) in Turkey is also classified into two colors: blue and red. The blue Tapu is produced concerning the land title and shared ownership.
Land Ownership: Land titles would be established for that land and would not apply to other habitations.
Shared Ownership: The title deed will represent your complete property ownership if there are multiple habitations on the title deed. For example, if you acquired house No. 3 in a composite set of 20 properties, Some homeowners may encounter problems when making decisions about selling or maintaining their property. These particular homeowners would be ineligible for a mortgage.
Also, we have the red Tapu, the individual residential title deed defined by habitable real estate from houses and apartments or shops. This title deed means there will be individual ownership in addition to the unit listed on the Turkish Title Deed. In the same example, a mortgage can be obtained instead of calling house No. 3 a share of the overall development.
This freehold title is known as ‘kat irtifaki‘ or ‘KAT MÜLKIYETI’. is mainly employed for residential or commercial purposes. In the form, there will be a checkbox to choose the category in which your property is located. So the “Kat Irtifaki” is also known as construction servitude, which signifies that the property is still under construction. And for the “Kat Mulkiyeti,” now that the initial development phase is complete, local municipal authorities will inspect the land to ensure that construction is completed.
A license, sometimes known as an occupational license or Iskan, would then be issued. An Iskan would allow this title deed to move one step further, known as the KAT MÜLKIYETI, or the entire title deed. When this is achieved, all of the necessary utilities can be connected. Once the owner has this title deed, the property will be awarded an Iskan (habitation license) by city planning department authorities. The Company encourages all clients to take on this title deed, and we also ensure it happens. Homeowners would be left out otherwise.
What’s the difference between a title and a deed?
You may wonder for a moment, is there a difference between a deed and a title?! Yes, of course! Let us start with the concepts as the deed is, as we explained earlier, the physical legal document, while the title is the word that describes your legal attitude as a person towards something. Deeds are officially written and registered documents, while the title is a term with its concept. Briefly, a deed is a tangible thing you can hold in your hands, while a title is a concept of the people with individual ownership wherever the type of property is. In terms of purpose, the deed represents the right of the owner to claim the property or do the transfer process of title deep, unlike the title, which describes the individual ownership of all the property.
And now, let’s talk about the difference in the process. Let’s go through the procedure where these two terms will be used to comprehend title and deed better. In the course of closing, a “title search” will be requested. This is a search of the public records that impact the property’s ownership (title).
Previous deeds, mortgages, pavement assessments, liens, wills, divorce settlements, and other public records will all be searched. A title examiner will identify and confirm the property’s lawful owner when the search is completed and any obligations outstanding against the property. The examiner will then produce what is known as the “title abstract” using all of the information mentioned above. The title abstract is used to evaluate whether the property has a clear title, which indicates the seller has the right to transfer ownership.
The settlement agent will then prepare all documents and schedule the closing. The deed is included in these closing documents. The seller signs the deed at closing, transferring the title and ownership of the property. The buyer will sign the new note and mortgage, and the old debt will be paid off.
What is the purpose of a title deed?
The title deed is not just an official document containing the property information. The title deed includes the essential data fixed in the real estate drawing. Also, the title deed is characterized by the strength of its proof of the right of ownership, as it remains valid for negotiation of the right until the Title deed is canceled or compensated. The title deed is a publicity document for a fixed entitlement and legal status of the property, and any change in the entitlement and legal status is only made by handing over the title deed. In the end, Title deed is delivered to the original owner only. Also, buying a property in Turkey within the required conditions opens the door for you to obtain Turkish citizenship, but on the condition that you do not sell the property or transfer its title deed to another person so you’ll stay the one owner for three years.
The procedure to buy property in Turkey
You should now know the procedure to buy property in Turkey if you want to be the next owner! So these are the following steps:
First, you must choose a reliable real estate company to deal with while doing the transfer process of the property.
This is the most important step you must follow because it will provide you with many services from when you arrive in Turkey until you buy the property and register it in your name through the buyer and seller contract and get your title deed.
Then it would help if you made real-time tours to make sure of the quality of the materials used and the availability of all the specifications that were agreed upon.
Next, you have the most important step: Extracting the tax number of the property. This number is given to every person who does not hold Turkish citizenship to facilitate all government procedures and obtain Turkish citizenship.
Then, a Turkish bank account is opened for the funds to finish the transfer process from the buyer’s country of origin.
Finally, signing the purchase buyer and seller contract to get your title deed. This contract must be in both Turkish and the mother tongue of the buyer. Then a deposit of 5 to 10 percent of the property’s value is paid to the real estate company, which is in return for the seizure of the property until the title deed is issued.
It is important to mention to you here that you can manage these real estate properties that you own through a real estate power of attorney. A real estate power of attorney is a document that allows another person to handle property decisions on their behalf. This includes buying, selling, renting, the transfer process of the title deed, and managing the property for the principal. After completing and signing the real estate power of attorney, it can be used immediately.
How to get the title deed in Turkey?
It’s very important for you to know how to get the title deed in turkey, so we will talk now about the steps involved in obtaining the title deed in Turkey:
1 – The signing of the purchase agreement between the buyer and seller.
2. Payment of the agreed-upon sum for the property’s value.
3. Submit a request for ownership transfer process.
4- The Land Registry Department’s recording of the two parties signatures on the purchase agreement.
5. The new title deed that establishes the buyer’s property ownership is given to him.
6- While finishing the deed transfer process, If the purchaser is a foreign national, a licensed sworn translator must be present so that the Tapu officer can ensure that the purchaser knows all the terms of the title deed.
How do you check Tapu in Turkey?
The real estate company frequently takes on the task of checking the title deed ( tapu) for you because it will ensure that the title deed is ready before buying and then check the type of title deed. At this stage, you need the assistance and guidance of trustworthy experts who will help and direct you to obtain a guarantee of the validity of all the information contained in the title deed and its conformity with the property. Additionally, confirming that the property’s price and the seller’s details match what is stated in the title deed is crucial. Finally, remember to search the “Tapu Department” of the Land Registry because it is essential to confirm if the property is debt-free or mortgages and is not encumbered by any mortgage.
How long does it take to get the Tapu in Turkey?
If you pay early, you will speed up obtaining the title deed, as the procedures for transferring ownership and obtaining a tapu in Turkey are among the fastest transactions, especially for a foreign investor. Both parties are invited to the Title Deed Office for the final signature by sending an SMS about the date and time of the appointment to get the title deed. The appointment date is mostly scheduled on the same day in the afternoon or within two days at the latest, depending on the workload of the Title Deed Office. A sworn translator must be present at the title deed office if either party is a foreigner.
How much does a Tapu cost in Turkey?
When purchasing a property in Turkey, you must pay an initial stamp duty or transfer tax for the title deed, known as the title deed charge. According to the local Land Registry and Cadaster directorate, the stamp duty of a title deed owing to Turkish authorities is 4% of the land value.
It is title deeds fee in Turkey. Title deeds fee is paid only once in the presence of both the seller and buyer or one of their legal representatives.
These title deed fees imposed by the state are among the most important items that must be considered when buying and selling real estate. In addition, if the tax of the title deed is paid after one year has passed, a financial penalty will be imposed.