If you are looking to buy a property in Turkey, you must have heard the word “tapu” many times. In Turkish, the property document is called Tapu. Tapu is actually a document that specifies your ownership of the property. All your rights are specified in the tapu or the property document. Therefore, in the Tapu, all the details of the owner or owners of the property and the details of the property are entered in full detail, and it is registered and sealed in the Notary and the Registry Office (Tapu Kayıt Defteri).
Next, we want to check the types of real estate documents in Turkey. Let’s compare them, talk about the cost of the document (Tapu Harcı). We will review the transfer process of the property deed according to the 2023 laws and talk about the necessary documents to receive the topo. We will also familiarize you with the common terms that are included in Tapu so that you can safely receive your property document in Turkey. Finally, we mention important safety tips in this field, knowing them will prevent you from falling into the trap of fraudsters.
Types of tapu or real estate documents in Turkey
Property documents in Turkey are divided into several types according to the type of use. Tapos are the same in form and content. Their difference is in their color and type of use.
Tapos are available in blue and red colors. Blue documents are actually given for plots that do not have construction permits. After receiving the approval of the municipality, the blue document can be converted into a red document.
The red document is the document that received the construction permit from the municipality. Therefore, be careful that when buying a property in Turkey, you must receive a red document.
The red documents themselves are divided into three categories:
Kat İrtifakli Tapu
This type of tapu is for buildings under construction. In this type of document, the shares of the owners are specified and the information of this document is registered in the documents office. For this reason, although the building has not yet been completely built, the share and rights of the owners of this type of document are recognized by the government. Therefore, this document is a safe way to buy properties under construction.
Kat Mülkiyetli Tapu
This type of topo is for properties that are completely finished. This type of document shows the buyer’s ownership of one or more units. In this type of topo, all the details of the property, including the common area, useful area, property document number, public use places, etc., are included. If you have purchased a ready-made property in Turkey, you will normally receive this type of document.
In this type of tapu, the name of the shareholders and the area of the property are registered. In fact, in this type of document, it is only mentioned in which area the property is located and to whom it belongs, and also the amount of shares of individuals is specified.
You should be careful that the value of these types of documents is much lower than the documents of Cut Molkit and Cut Irtifakli. There are usually problems in selling properties with this type of document. It can be said that these types of properties are very hard to sell.
You should also know that you cannot get a mortgage through real estate with this type of document. This type of tapu does not have a high value in the bank, and banks do not pay loans to properties that have a joint deed.
|But one of the most important points regarding the Heisli document is that the request of immigrants with this type of property to obtain residency or citizenship is not accepted! In order to obtain Turkish residence or citizenship, your property document must be of the Ertifakli or Mulkitli type. Therefore, before buying a property in Turkey, consult with expert and reliable consultants to minimize losses as much as possible.|
Steps to transfer a property document in Turkey in 2023
After you have confirmed the purchase of your desired property, you, together with your experienced real estate lawyer, along with the seller, must register the transfer request at the Turkish Deeds Office.
After registering the request, an SMS will be sent to you, at which time you and the seller will go to the document office. The time you get depends on the workload in the document office. They usually give you an appointment on the same afternoon, or at most two days later.
At the specified time, along with the required documents that we will discuss further, you go to the documents office and transfer the remaining amount of the remaining amount of the contract to the seller’s account through secure payment systems such as Tapox or Tapotax.
Finally, the final affairs of transferring the document are done in the registry office. And when the final signatures are made, the property deed transfer fees must be paid. These costs include property transfer tax, stamp duty, and capital turnover.
After the seller and buyer have signed the contract and transfer agreement of the property document, the property document will be printed by the officials of the registry office and delivered to you. At this stage, be sure to check all the items mentioned in the document for the last time before leaving the office.
Documents required for the transfer of a real estate document in Turkey (2023)
Translation and original copy of the buyer’s passport
- ID card of the seller
- Identity information form
- Current property document
- Evaluation report
- Buyer’s tax number (Vergi Numarası)
- Compulsory building accident insurance form
- Foreign currency purchase certificate
- 2 photos of the buyer and 1 new color photo of the seller
- The original or an equal copy of the power of attorney along with the translation
- The presence of an official property expert and translator
It is recommended to read the article “Foreign currency purchase certificate“
What is Tapu Harcı?
Buying a property in Turkey has many side costs. One of these costs is the document fee (Tapu Harcı). This fee is different from property tax and is a separation fee that is charged for the transfer of the deed. The amount of Tapu Harji is 4% of the total price of the property, 2% of which is received from the buyer and the other 2% from the seller.
Sometimes sellers add it to the price of the property and declare the total price of the property as the sum of the price of the property and the cost of the document for the convenience of work and not providing explanations about the cost of the document. In the meantime, you should pay special attention to the following three points:
- Make sure if tapu harji is added to the original price of the property or not?
- If it was added, take the discount for the original price of the property.
- Don’t let them make you pay the 2% seller’s share fee.
What are the things mentioned in Tapu?
- The exact address of the property
- Biometric photo of the owner of the document
- Full registration details related to the property in the Turkish Real Estate Department
- Use and permission provided in connection with the land on which the property is built
- The total area of the land and the owner’s share of the field
- Type of ownership
- Property price in Turkish lira
- Details of the seller (previous owner)
- Details of the buyer (new owner)
- Last date of change of ownership
- Previous ownership registration number
- Information about new ownership registration
- Date of change of new ownership
- Date, seal and signature of the director of the registry office
Turkish terms in Tapu
|City||illi||Block number (Building)||Blok No|
|The Neighbourhood||Mahallesi||Independent unit number||Bağımsiz Bim No|
|Village||Köyü||Floor ownership||Kat Mülkiyet|
|the alley||Sokağı||The purchase price of the property||Satış Bedeli|
|Block number (Land)||Ada No||user||Niteliği|
|piece number||Parsel No||reason for sale||Edinme Sebebi|
|floor number||Kat No||area||Yüzölçümü|
|page number||Pafta No||Specifications of the desired property on the main land||Bağımsız Bölüm|
Tips about real estate documents in Turkey that you should pay attention to
- When drawing up a contract, be sure to read carefully what you are signing. If you don’t know Turkish language, get help from a consultant, translator or reliable person who is fluent in Turkish language. Do not sign any document without reading or understanding it.
- Be sure to ask for a copy of the document signed by both parties and keep it with you.
- Do not pay anything to anyone before confirming and making sure of your final decision to buy a property in Turkey. Get receipts for all your payments and keep them carefully.
- You don’t need to pay more than ten to fifteen percent deposit. The usual amount of deposit is between 10 and 15%. Pay the rest of the transaction amount on the day of document transfer.
- Be sure to pay attention to the details of the property’s address, including the floor and unit number, and the common areas mentioned in the document. These details should completely match the apartment you are looking for.
- Be aware that the property you want does not have any debt to the government, bank or other companies. To make sure of this, you should go to the municipality and present a copy of your property document so that they can inquire and provide you with the result. For this, it is better to get help from the real estate agency that introduced the property to you and is the party to your contract. They know the way and the well better.
- Due to the importance of this topic, we remind you again that if you do not speak Turkish, use a reliable translator. You need to be aware of all the details that you are told and everything that is written in your document.
- It is preferable to buy a property that you can share from the nobility as well as from the arena. A property that has a title deed is a property that has a share of the land, and a property that has a deed of irtifaki means that this property only has a share of the nobles.
- Pay attention to the land use you are buying. Before signing anything, check with the municipality whether the land is for residential or commercial use. Also, if you buy a business unit, whether it’s a shop, a store, or a warehouse, be sure to inquire about its usage from the municipality.