The title deed is the legal document that shows that you own the property rights of any real estate. The name-surname of the property owner and detailed information about the assets are included in this document. Especially in real estate buying and selling processes, title deed transactions are of vital importance. Deed transactions are one of the processes that closely concern both buyers and sellers.
Knowing the processes to follow during title deed transactions to avoid making a mistake can help speed up the process and ensure that it is completed successfully.
What is TAPU (Title Deed)?
The title deed is a written official document issued by the Land Registry Office. It shows the ownership of the structure built on the land or a part of the land and is considered valid in the legal field until any irregularity is proven. Each real estate has a title deed document. All information about the real estate is included in this title deed document.
What are the Types of Turkish Title Deeds?
There are three different types of title deeds for real estate. These are the Floor Easement (Kat Irtifaki) Title Deed, Easement Title Deed, and Ownership (Kat Mulkiyeti) Title Deed. In addition to being aware of the colors of the title deed, people who want to own property must know these title deed types. These differ according to the current structure or ownership of the immovable.
Deed types and descriptions are as follows:
- Floor Easement (Kat Irtifaki) Title Deed: Construction servitude is established on buildings that have not yet started or are in the construction phase. The land under construction is registered by the Land Registry Directorate. The official title deed document issued to show the rights holders’ shares in the land is also called the title deed with condominium servitude. The building, which has the title deed with floor servitude, is registered with the Land Registry Office. Therefore it has an official character. The door numbers in the building and the areas that belong to the property owners are determined in the title deed document. In other words, the area of each right holder in the property that has the floor easement is clear. For this reason, people who have rights on the property also have some legal rights.
- Easement Title Deed: The easement title deed of any property is the official document in which the numbers and names of the landlords that have a share in any property are determined. In the stock deed, the shares of the owners are not visible in the total area. In other words, in this deed document, it is not documented which belongs to whom. Everyone has a common sharing rate on the property. They share the distinctions of the places of residence, that is, they do it with the process of apportionment. The value of immovable properties with easement title deed is lower than other properties. There are difficulties in selling the real estate that has this title deed. If the person who wants to own a property wants to buy a property with a mortgage loan, he cannot get it. Banks do not give loans to a property that has a shared title deed.
- Ownership (Kat Mulkiyeti) Title Deed: Ownership title deed is the term used to describe the private property right of the property owner, which is established on the areas that are suitable for use on their own, such as floors, cellars, stores, warehouses, of a completed building and associated with commonplaces. A condominium title deed, on the other hand, is a type of deed that is realized by registering each section on a building whose construction has been completed separately to the right holders. The condominium title deed documents the owner’s independent ownership of the property. The properties of the building are written on the ownership title deed. Information such as the area of the building, its square meter, its quality, the number of the independent section, and the common areas are included in the ownership title deed. “Construction servitude title deeds of buildings that have been legally completed and have a residence certificate are converted into title deeds.” It is the most suitable title deed for those who want to buy a property with a mortgage loan.
If you want to own a property, you must first learn the title deed type of the property you want to buy and make your future plans and investments accordingly.
In addition to the deed types, a deed has 2 colors and each color has a meaning. Deed documents with blue and red colors are the same in design and content but differ from each other in terms of their qualities as mentioned below.
1. Blue TAPU
The blue tapu (title deed) document is known as the title deed document. It symbolizes that the property is land, that there is no building on it yet, or that the construction of the building has just begun. The lands with a blue title deed indicate that the property has not yet been transferred to the condominium.
It can be further explained below.
- Land ownership: Such titles are set for a piece of land with no habitations or livings.
- Shared ownership: If the title deed has several habitats, the title signifies a considerable share of ownership of the overall property.
Note that shared titleholders usually have decreased independence over the property. It also limits the owner’s right to make decisions on sales, maintenance, and upkeeping of the property. Landlords with shared ownership titles are not allowed to take a mortgage against the co-owned real estate.
2. Red TAPU
The red tapu (title deed) document, on the other hand, indicates that after the completion of the development of the property, there are approved independent sections within the project, the usage areas of the property, and certain shares. Pink-colored title deeds are given to properties whose condominium has been taken.
- Ownership (Kat Mulkiyeti): When the event phase is finished, local municipal officials inspect the property to confirm that construction is complete. They issue a residence permit (Iskan) and also enable the conversion of a deed to the following tier or full ownership.
- Floor Easement (Kat Irtifaki): It’s also referred to as construction servitude. The title denotes that the event or construction work on the property remains in development. As per the resource consent, a floor easement title displays the allocation of units within the under-construction phase.
- Easement (Devre Mulk): This title offers fractional or timeshare ownership. It’s offered when the property is owned for a specific period.
Which Tapu Type is Best in Turkey?
People who buy property in Turkey are required to make a title deed (TAPU) to the General Directorate of Land Registry and Cadastre to make this transaction legal. Thus, this process requires many documents. However, since each deed transaction is different, the actions to be taken may vary. There are 3 different title deeds in force in Turkey. The first of these is the Condominium Ownership Deed. This type of title deed is prepared when the construction of the real estate to be purchased by the person is completed. This type of title deed is prepared while the construction of real estate to be purchased by the person is still under construction. The last option is a shared deed. This kind of deed can be defined as the deed type showing the partners of immovable property.
In addition to these deed types, it includes the use and meaning of two different colors. The first of these, the blue Deed, was prepared for lands that are not inhabited. A blue deed is given when a person buys vacant land. Red is prepared when a building is finished. The red deed can be for apartments, villas, or commercial units. That’s the best title deed is a red Tapu with the condominium.
How to Get a Turkish Title Deed?
One of the most important things when buying a house in Turkey is the title while the tapu (deed) document is a document containing the information of the property and its owner. It’s regulated by the final Directorate of Land Registry and Cadaster. They verify that the property is yours. It’s important that you simply have information about the deed of the estate you wish to shop purchase.
The offices of the final Directorate of Land Registry and Cadaster work in keeping with the fixed appointment system. After the mandatory documents are prepared, a verification session may be scheduled and therefore the transactions will be concluded.
Steps to get a Turkish Title Deed (tapu) are as follows:
- An appointment is required from the local land registry office. Mandatory documents must be brought along.
- To apply for revenue enhancement, both parties must agree on a declared value for the transaction. this may be paid for by the customer.
- Stamp duty must be paid by wire transfer.
- At the scheduled time, buyers and sellers must visit the Land Registry.
- The seller will sign the deed and therefore the buyer will receive an acknowledgment of the acquisition price. A confirmation that the property has been transferred with no coercion should even be included.
- The buyer should sign the Turkish title and must confirm the deed with the accompanying costs.
- The original tapu or title is issued to the new owner.
The deed process is vital and also the main point for home buyers. You can get support from our advisors or power of attorney.
What are the Documents Needed for Obtaining the Title Deed?
The required documents to have ownership are listed below.
- Your passport will be translated and a copy will be authorized by the notary.
- Tax number from any tax office in Turkey.
- An identity form, which could be a form to be filled out by foreigners.
- DASK insurance, compulsory earthquake insurance document.
- One personal photo of the vendor and two photos of the customer. Photographs should be on plain white background.
- The old deed of conveyance document for the selling of the property.
- Translated and notarized version of all documents.
A real estate valuation report is additionally required. The estate valuation report is valid for 3 months from the issued date. The appraisal report showing the worth of the estate within the period to be purchased should even be recorded within the online TAKBIS system of the overall Directorate of Land Registry and Cadaster. If the facility of attorney is to be processed, the first and authorized copy of the ability of attorney issued abroad is required. If one of the parties cannot speak Turkish, it’s obligatory to hold out the transactions with a sworn translator.
How to Check Turkish Title Deed?
There are two methods to check the deed records of the houses: Applying to the relevant institutions or performing the method online. With the applications developed in line with the works of the overall Directorate of Land Registry and Cadaster, deed of conveyance information will be easily learned from the web.
How Can You Add Your Name to Tapu?
To add a person’s name to the TAPU, you must own a share of that property. This is true even for your spouse who owns the property. So what should you do for this process? First of all, you need to visit the local land registry office (Land Registry Offices) and notify them that you will buy a share of a property that you want to have your name in the Tapu. In this case, you will have to pay a sales turnover fee of 4% plus some additional administrative taxes. For all these transactions, you must have your Passport ID and Turkish Tax Number (Tax Number) with you.
How Can You Remove Your Name in Tapu?
It is not possible to remove your name from the Tapu while your ownership continues. These documents may be mixed in the future and cause you to not be able to prove that the house or property is yours, so you cannot remove your name from the Land Registry as long as you have it. However, you can solve this problem when the house or property is sold to another person.
What is the Cost of Turkish Title Deed?
In case the landlord buys and sells property in Turkey, there will be certain fees related to the title deed transactions.
- The title deed transfer fee (stamp tax) is 4% of the cost value.
- Once a Turkish title deed exchange is completed, the transfer fee may be paid. Generally, the seller declares the selling value and the buyer pays the fee.
What are the Other Costs of Buying Property in Turkey?
You can arrange a budget for the actual price of the property, as well as money for purchasing costs, including an attorney, notary, taxes, and related fees. Fees for services such as lawyers and translators can vary depending on who you choose.
Other official costs are also determined in Turkish Lira and the amount in the currency of the country you are in will change according to the current exchange rates. Therefore, the following are only approximate costs, but overall, you should have around 8.5% to cover all fees. Please note that as of January 1, 2021, the title transfer tax is 4%.
All the other costs of buying a property in Turkey are mentioned below.
- Real estate agent fee
- Notary fees
- Translation services
- Tapu registration (Title Deeds)
- DASK insurance
Does Title Deed Provide You Turkish Citizenship?
Yes, the title deed provides Turkish citizenship if you purchase a property worth US$400,000 or more in Turkey. In this case, when a real estate buyer applies for Turkish citizenship by investment, an amount is put on the title deed that prevents any Turkish title deed sales transfer for at least three years. However, we advise investors wishing to acquire nationality to make sure that the deed is clean and free of any savings or mortgages.
How is The Tapu of Property Joint Ownership in Turkey?
Joint Title Deed is a modern process in which the real estate is registered in the name of more than one person at the same time and differs in terms of sale. The percentage of ownership is determined for the partners before the sale so that there is no confusion during the Deed process. If a housing loan is to be used for the purchase, two or more people may need to mortgage it. However, even if all partners made the sale with cash, the shareholder in the joint property registry cannot sell his share without the consent of the other partners.