In Turkey, title deed which is known as “Tapu” in Turkish, is a legal document that proves the ownership of a property in Turkey. It is similar to a land or property title in other countries. The Title Deed is issued by the Land Registry and Cadastre Directorate (Tapu ve Kadastro Genel Müdürlüğü) and serves as official proof of property ownership and the associated rights and responsibilities.
The title deed is the primary document that establishes and confirms ownership of a property, whether it is land, a house, an apartment, or any other type of real estate.
It includes detailed information about the property, such as its location, size, boundaries, and any encumbrances or restrictions that may apply to it.
The title deed indicates whether the property is owned as freehold (full ownership) or leasehold (ownership for a specific period, often seen in certain commercial properties).
In Turkey, there are different types of title deeds, such as residential, commercial, agricultural, or forested land deeds. The specific type depends on the property's designated use.
When a property changes ownership, a new Title Deed is issued in the name of the new owner. This process involves various legal and administrative steps, including the payment of associated fees and taxes.
The Land Registry and Cadastre Directorate maintain a central registry of Title Deeds, which is accessible to the public. You can search for property ownership records and verify the authenticity of a Title Deed using this registry.
Title Deeds also indicate if there are any mortgages, liens, or other encumbrances on the property. This information is crucial for potential buyers to know the property's financial history.
The Title Deed may include information about property taxes and their payment status. Property owners are responsible for paying annual property taxes.
The Title Deed is a critical document during real estate transactions. Both buyers and sellers must ensure that the Title Deed is accurate and up-to-date to avoid legal complications.
Turkey has certain regulations and restrictions on property ownership by foreign nationals. Before purchasing property in Turkey, non-Turkish citizens should check these regulations and seek legal advice.
However, consulting with a legal expert or a professional real estate agent in Turkey such as Tapum when dealing with Title Deeds to ensure that all legal requirements are met during property transactions. Additionally, it's wise to conduct a thorough due diligence process before purchasing property to verify its legal status and ownership history.
In Turkey, there are several types of title deeds (Tapu) that correspond to different categories of property and land use. The specific type of title deed associated with a property depends on its intended use and classification. The main types of title deeds in Turkey includes:
This type of title deed is issued for properties intended for residential use, such as houses, apartments, and condominiums. Residential title deeds are among the most common in Turkey.
Commercial title deeds are issued for properties intended for commercial purposes, including retail shops, offices, warehouses, and other commercial real estate.
These title deeds pertain to land or properties designated for agricultural use, such as farms, orchards, and agricultural plots.
Forest title deeds are issued for properties located within designated forested areas. These areas are typically subject to strict regulations regarding land use and development.
This type of title deed is associated with properties used for tourism-related purposes, such as hotels, resorts, and vacation rental properties.
Mixed-use title deeds are for properties that can serve multiple purposes, such as a building with both residential and commercial units.
Special title deeds may be issued for properties with unique characteristics or specific purposes that do not fit into the standard categories. These are relatively rare and are issued on a case-by-case basis.
This type of title deed is associated with properties that are under a long-term lease agreement rather than outright ownership.
Collective title deeds are related to condominium units, where individual owners have their share of ownership in the common areas of a condominium complex.
Temporary title deeds are issued during the construction or renovation phase of a property, allowing certain rights while the property is being completed.
In Turkey, both Agricultural Title Deeds (Ziraat Tapusu) and Blue Title Deeds (Mavi Tapu) are types of property deeds, but they are associated with different types of land and properties. Here's a comparison between the two:
Agricultural Title Deeds are issued for properties intended primarily for agricultural use. This includes land used for farming, crop cultivation, animal husbandry, and other agricultural activities.
Agricultural Title Deeds are typically printed on white paper.
Properties with Agricultural Title Deeds are generally subject to specific regulations that govern their use for agricultural purposes. There may be restrictions on changing the land's designated use.
In some cases, properties with Agricultural Title Deeds may qualify for certain tax benefits or incentives related to agricultural activities.
It can be challenging to convert an Agricultural Title Deed to a different type of Title Deed (e.g., residential) due to land use regulations.
Blue Title Deeds are a specific type of Title Deed introduced by the Turkish government to encourage foreign investment in Turkey. They are issued for various types of properties, including residential, commercial, and agricultural, in specific designated areas known as Tourism Centers and Military Forbidden Zones.
Blue Title Deeds are printed on blue paper, which distinguishes them from other types of Title Deeds.
Blue Title Deeds are particularly relevant to foreign nationals and allow non-Turkish citizens to own property in Turkey within specific zones. This was a measure to make property ownership more accessible to foreigners.
Passport with its translation and to be certified by the notary.
Identity form filled by the applicant who is foreigner
Real estate valuation report of the property the applicant intends to buy
Tax number from tax department
“Dask Sigortasi” (earthquake insurance) policy in case of a residential buildings
Old title deed by the person selling the property
Power of attorney in case of behalf of someone else
Personal photos of the seller and the buyer.
References
Deal, D. (2022, January 15). Turkish Title Deed | TAPU | Turkish Tapu. Deal Real Estate In Turkey. Retrieved September 4, 2023, from https://www.deal-tr.com/en/blog/title-deed-in-turkey-tapu
Glovision Turkey, G. T. (n.d.). Glovision | How to get your title deed 'Tapu' in Turkey? Glovision Turkey. Retrieved September 4, 2023, from https://www.glovisionturkey.com/en/service/How-to-get-your-title-deed-Tapu-in-Turkey
