All about the Turkish Title Deed (TAPU)

Following the articles in “Istanbul Hamrah” on buying property in Turkey, we will deal with the Tapu document in the article. We intends to explain about the application of Tapu document and the number of people who can get a residence permit in Turkey with it.

What is Tapu document?

Tapu is actually the name of your ownership document in Turkey. The document indicates your rights to your property. It contains information such as the name and surname of the owner or owners, photos and other detailed information of the holder. The document is one of the most important documents for buying property in Turkey which is officially submitted and registered in the Turkish Registry. Note that the document must be recorded in the office archives and sealed. When registering a Tapo document, you or your attorney must be present in person with the seller of the property at the Registry. If you or your lawyer do not speak Turkish, hire a personal translator. After signing it, the purchase process will be accepted and you will become the owner of the property as well as all your privileges regarding that property.

Types of Tapu documents

In terms of the type of user, the documents are divided into several categories which we will explain in the following. Then, you have enough information about it at the time of purchasing.

1. Blue Certificates (Hisseli Tapu) are issued for land with no building permit.
2. The red document is issued for houses and lands with building permission in general. So you will receive a red document by buying a house in Turkey.

Red property documents are divided into two categories:

1. Kat Mülkiyeti Tapu or Ownership document
2. Kat Irtıfakı or Height dependent document

When buying a residential building, it should be checked whether the ownership document has been taken or not, and the type of document should also be considered.

If the property document is of Kat Irtıfakı or Height dependent document, the certificate of operation permit time of the owner or builder of the project must be questioned and checked. In this regard, be sure to contact the Istanbul consultants or an expert lawyer.

When buying a property, be careful about the type of document.

TAPU HARCI

When buying a property in Turkey, you should also consider the side costs. One of these costs is “Tapu Harci” or “Document Cost”. You should be aware that the cost is not tax and is different from property tax.

• The amount of “Tapu Harci” is 4% of the total property price.
• Customarily and legally, 2% of the amount is the responsibility of the buyer, and 2% is the responsibility of the seller to pay.

Calculating the cost may be sometimes confusing. In most cases, to simplify the buying process, the cost of the document is added to the total cost of the property; this means that the cost of the property also includes the cost of “Tapu Harci”.

Note that:

• Before buying a property, make sure that the cost of the document is added to the total price of the property or not.
• Once you know the cost of the document, ask for a discount on the real price of the property.
• Do not accept to pay the 2% of “Tapu Harci” charge after the discount.

Property document transfer process in Turkey in 2024

The process is done when the seller apply for transfer. Buyers, however, do not have to be present at the property document transfer office at the applying time.

Required Documents to transfer the property document in 2024

• Translation and original version of the buyer’s passport
• Buyer tax number
• Identity information form
• Evaluation report
• Current property document
• Seller ID

Transfer process of property document in 2024

After applying the transfer of the property document, the seller takes the above required documents to the property document office. Within the time frame between the application and the final signatures, the costs of transferring the property document must be paid. These costs include property transfer tax, stamp duty, and capital turnover tax.

After preparing the requirements for the transfer of the property document, the office will determine the date and time of the appointment by sending an SMS. Buyer and seller call for final signature. This time depends on the workload at the property document office. It usually takes the same afternoon, or a maximum of two days.

If either party is non-Turkish, the sworn translator must be present at the document office in order to explain the conditions of document transfer. Because all the documents are in Istanbul Turkish. After that the seller and the buyer sign the contract for the transfer of the property document, the property document is printed by the agents and delivered to the buyer.

Document and Tapu transfer costs

In addition to the property purchase commission, you will have to pay other ancillary costs, such as a translator at the Tapu office and notarial fees. The total cost is about 3,000 lira.

If you intend to know more about the side costs of buying a property in Turkey, you can read the information below.

Ancillary costs of buying property in Turkey

Sample Tapu document with description

1. The exact address of the property
2. Biometric photo of the document owner
3. Complete registration details related to the property in the Turkish Real Estate Office
4. Use and license provided in connection with the land on which the property is built
5. Total land area and owner’s share of the arena
6. Type of ownership
7. Property price in Turkish lira
8. Seller information (previous owner)
9. Buyer information (new owner)
10. Last date of change of ownership
11. Previous ownership registration number
12. Information on registration of new property
13. Date of new ownership change
14. Date, stamp and signature of the Registrar

Note that:

Due to scams and abuses committed in the sale of properties, the form of Turkish property documents has changed in recent years. A QR has been added to secure the transaction. By scanning the QR, you will get all the property records, features and even the location.

The following points are recommended about the Tapu document:

• When preparing a contract, demand a copy of the document and read it carefully.
• Do not pay anything before confirming the apartment or house.
• Do not pay more than ten to fifteen percent as a deposit and pay the rest on the day of transfer of the document.
• Make sure the address, floor and unit number in the document match the apartment you are considering.
• Make sure the apartment is not in debt to the government, banks, or companies. It is possible to be sure of this by referring to the municipality and submitting a copy of the document. It would be better to request it from the agency that introduced the apartment and your contracting party.
• If you are not fluent in Turkish, ask an honest translator for help.
• Preferably buy an apartment that will benefit “Kat Mülkiyeti” means the apartment has a share of the land and Kat Irtifaki means the apartment has a share of the building.
• When you want to buy land, the document of land purchased must be controlled by municipality, whether its use is residential or commercial. The use of commercial units, including shops, stores, warehouses, is also one of the items that should be checked when inquiring from the municipality.

To translate your property documents in Turkey, read the article official translation of documents in Turkey.

After receiving the Tapu document, you can apply for residence and citizenship in Turkey;