Tapu in Turkey

 

The title deed in Turkey is a document that proves the procedures for buying real estate and registering it in the competent authority, and it is considered an acknowledgment from the state for possession of the property, or a document of ownership, which can be obtained through a special directorate for real estate registration, and registration of title deed in Turkey.

Information about Tapu in Turkey

The Tapu contains many important information about the property, so that it can be identified and assigned in particular, in a way that prevents confusion.

Legal aspects of obtaining Tapu in Turkey

It is worth mentioning here important legal notes that must be taken into account when extracting the Tapu from Turkey, which are as follows:

  1. Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, is concerned with the regulation of title deed in Turkey.
  2.  It is possible to obtain information from the Turkish Embassy or Consulate General in the country of the applicant for the Tapu and its compatibility with the provisions of his country before submitting the application.
  3. Representatives of a foreign country in Turkey can find out whether they can acquire real estate and limited real estate rights in Turkey or not. 
  4.  Formal contracts aimed at the transfer of immovable property (such as real estate) must be concluded at the land registry offices in which the property is located, and it is also possible to sign a “sale contract” in the presence of a notary before the official sale.
  5. Ownership of the property for which a contract of sale has been formally concluded can be obtained by registering at the Land Registry offices.
  6. Before concluding sales contracts, matters such as whether the property is registered with limited in-kind rights, whether it is mortgaged or whether there is any situation that prevents its sale from the relevant Land Registry office.
  7. In the event of any dispute regarding the purchase and sale, the situation must be taken to court and a lawsuit filed in the Turkish courts, and the Turkish Ministry of Foreign Affairs and foreign missions cannot interfere in the judicial process.

 Legal restrictions on owning Tapu in Turkey for foreigners

 Foreigners may purchase real estate for use as a place of business or residence in Turkey, provided they comply with legal restrictions, however, even in different cities, the total area of ​​immovable property that a foreign person can buy in Turkey cannot exceed 30 hectares. Permission from the military authorities in the region is also required before foreigners can purchase real estate. 

Documents required to obtain Tapu in Turkey

In the case of requests by real persons from foreign nationals to the relevant directorates of the Land Registry in order to acquire real estate, and requesting a title deed, the following must be brought:

  1. Identity documents or passports.
  2. Residence permits issued by the relevant police directorates to foreigners whose real estate possession is subject to a residence permit.
  3. In the case of taking the power of attorney based on a power of attorney issued from abroad, the original power of attorney with its translations, or a certified copy with them shall be prepared.

 Tapu tax in Turkey

 

How much does the title deed cost, how much is the property tax, or title deed tax in Turkey, here are the details of the title deed costs:

  1.  The title deed fee or the title deed cost is calculated at 4% of the declared value of the property in the Tapu Office.
  2. In addition to these fees, a revolving fund fee of 385 TL is also charged. 
  3. The total revolving fund fee in title deed transactions is 194.75 TL, with the revolving fund service fee of 171.25 TL and additional service fee of 23.50 TL for 2021. 
  4. Unless the parties agree otherwise, this amount shall be paid by the Buyer as a general procedure.
  5. Title deed fees are collected from the buyer and seller equally, i.e. 2% of the sale price from each of them, unless the parties agree otherwise.

An example of the Tapu tax in Turkey, the property sale price is 300 thousand TL, the property deed fee rate is 20 per thousand, the title deed fee is paid by the buyer 6 thousand TL, and the title deed fee is paid by the seller 6 thousand TL.

 The difference between red and blue taboo

The fact that the title deed or Tapu in Turkey is in red and blue color indicates the purpose of issuing the title deed.

Title deed is the name given to the valid official document issued by the Land Registry Office, which shows the owners of the land, building or independent parts of the built property, also known as title deed.

The title deed is the document required to establish the right of ownership of the property, and the owner of the property has the right to use the lower and upper part and the resources of the place he owns, and this right is referred to as the "right of ownership".

The title deeds show the ownership of the building, or the right to share, and the colors are arranged on two degrees, red and blue.

First the red tabu

 The promissory note is in red, symbolizing that the project shows the independent sections of the mentioned property after the approval of the building permit, and the areas of use of the property and the shares of these areas are defined.

The red tabu in Turkey is known as the blue taboo as the Turks call it, because its color tends to pink, and the pink title deed indicates that after the completion of the construction of the property, there are independent departments approved in the project, areas of use of the property and some shares, title deeds of pink color are granted For properties whose buildings have been approved.

The promissory note in red must indicate that a project has been identified showing the independent sections of the mentioned property after the approval of the building permit, as well as specifying the areas of use of the property and the shares of these areas.

Second, the blue taboo

The blue tabu has a different connotation than the red taboo, as it symbolizes that the property does not belong to any buildings, and that it is the title deed of the land. 

If there are restrictions such as a mortgage or seizure of the property, this will not appear in the title deed, to access this information, it is necessary to look at the land registry.

Third, the difference between the red tabu and the blue taboo

 After explaining the types of taboo in Turkey between red and blue, what are the most important differences between red and blue taboo? It is explained by the following answer:

  • The blue taboo is obtained by the owner of the land, which gives him the right to use the land in any activity related to agriculture and what can be done in it, or any other activity related to agriculture, for example, caring for animals and livestock, or raising birds and other animals related to the farming process such as poultry, and others.
  • As for the red taboo, it is the title deed of residence, office and company, and civil or commercial business.
  • The blue taboo prevents its owner from building and using the land in the form of real estate, even if it is already a built property, as here it means that the first owner, instead of cultivating it, built on it, but the opposite is permissible.

The importance and location of Tapu extraction in Turkey

 

Due to the recent interest of many people in buying real estate in Turkey, or buying land, it is necessary to know the importance of the title deed and where to extract it, which is shown below:

First the importance of taboo

The importance of the title deed is focused on considering it as a title deed in most of the transactions related to real estate, especially when it is submitted to government agencies, whether the purpose of that is buying or selling, and whether it is an inheritance or any transaction on real estate.

Second, the place of extraction of the taboo

The person who wishes to extract the Tapu, if he wishes to own the contract or document proving his ownership, should go to the real estate registry office in the city in which he resides.

From the above it is clear that the title deed in Turkey is an important proof of ownership, and the procedures for extracting it are simple, but here it is worth making sure of all the requirements before completing the purchase process and knowing the difference between the red and blue title deed to ensure the right of the buyer.

[1] https://expatguideturkey.com/advantages-of-owning-a-house-in-turkey-for-foreigners/

 

[2]

 

https://rengroup.com.tr/living-in-turkey/tapu-the-turkish-title-deed