TAPU in Turkey is an important document for a real estate buyer

Legal evidence of real estate ownership is necessary for every property owner in Turkey, without exception. Without state registration and re-registration of possessions to a new owner in the appropriate body and the prescribed manner, a person cannot be considered a rightful owner of real estate in Turkey.

According to the Civil Code, the Republic of Turkey has a unified title system for the registration of real estate ownership rights. This means that the state, represented by the General Directorate of the Land Registry and Cadaster, issues the title of ownership, called TAPU.

TAPU, or Turkish title, is an official document confirming the legal ownership of the real estate in Turkey. This certificate is the only document of title to the real estate. The title has no time limit, fixes the absolute right of ownership, and cannot be challenged even in court.

The title system of registration of rights to the real estate guarantees the legality and purity of every buy-sale agreement at the state level.

Why does a foreigner need TAPU in Turkey?

Foreign citizens who have obtained a TAPY document in Turkey have a right to acquire a residence permit for themselves and their family members (wife and children). Ikamet is issued for a period of one or two years and maybe renewed after this period.

If the declared value of the immovable property in the title exceeds 250,000 US dollars, the owner may apply for Turkish citizenship. Since 2018, Turkey has had a simplified procedure for obtaining a Turkish passport in 4-6 months under the investment citizenship program called Turkey Citizenship by Investment (TCBI).

Types of TAPU: what is the difference between blue and red?

There are two types of Turkish title deeds: blue and red TAPY.

• A red title is issued when purchasing an apartment in an apartment building, cottage, townhouse, private house, and commercial real estate.
• When purchasing land, the owner receives the blue title. Blue TAPU confirms the ownership of agricultural land, a construction plot, and a land plot with an object under construction.

Registration of ownership of the real estate in Turkey

State registration of rights to Turkish real estate is not just a formality but a necessity. This procedure is mandatory for individuals and legal entities. The procedure for registering real estate in Turkey is the same for local citizens and foreigners purchasing residential real estate, commercial real estate, or land on the territory of Turkey. This title further gives the owner the right to dispose of the property at his discretion: gift, sale, etc.

The transfer of real estate ownership to a new owner occurs during its state registration. Finalising a buy-sale agreement does not mean that the buyer has become the real estate owner. To do this, you need to register the buy-sale agreement with the Land Registry and Cadastral Office (TAPU ve Kadastro Genel Müdürlüğü - TKGM) and issue a TAPU.

To re-register the rights to the real estate, you should apply to the cadastral department at the location of the real estate purchased. There are TKGM offices in every city in Turkey.

Applications can be submitted on working days from Monday to Friday until noon.

For reference: In Alanya, the cadastral department of Antalya Kadastro Müdürlügü is located at: Saray Mahallesi, Hacı Kadiroğlu Cd. 16A

Verification and transfer of real estate ownership in Turkey are carried out with the mandatory participation of the seller and the buyer or their authorized representatives.

The buyer can acquire a certificate of ownership only after full payment of the value of a real estate and all taxes (tax in the amount of 4% of the assessed value of the property, annual property tax, stamp duty). Settlements take place in one of the Turkish state banks.

When the financial settlements are completed on the appointed day, the buyer and the seller (the former owner of the apartment or the representative of the developer) meet at the cadastral office, both parties confirm that they have no mutual claims, and sign the Title Registration Book. After that, a new TAPU is issued for the buyer, and he becomes the owner of real estate in Turkey. During the re-registration of housing for a foreigner who does not speak Turkish, the presence of a sworn translator is mandatory.

All documents confirming the purchase and sale of the real estate are stored in the archives of the cadastral chamber. In case of loss of the certificate, the owner can apply with a corresponding request to any territorial department of the land cadaster department to obtain a duplicate.

What data TAPU document contains?

The TAPU act contains information about the property purchased:

• Real estate address
• Registration number of the land where the building is located
• The total area of the plot on which the building is built
• Floor, house number
• Property value in Turkish Lira
• Personal photo of the property owner
• Owner information, name, nationality, etc.

At the bottom, the document has the official seal centred on the page.

Please note that according to Turkish law, the title does not indicate the area of the real estate but the land plot (more precisely, the amount of holding of share ownership of the land where the object is located).

Up to 10 owners of one real estate can be indicated in one title in Turkey. Co-owners may have different holdings. Their number, as well as the size of the share, are determined by the buyers themselves. They have the right to sell their holding of the property to a third party but only with the general consent of all other co-owners.

What documents are needed to apply for TAPU in Turkey?

Required documents for purchasing property in Turkey and transferring title:

• Original and copy of the buyer's passport, translated into Turkish and notarised
• Buyer's taxpayer identification number 
• Assessed value report
• Current proof of ownership
• DASK insurance (earthquake and natural disaster insurance)
• Seller’s taxpayer identification number 
• 1 photo of the seller and 2 photos of the buyer

If the registration of real estate ownership is carried out by a third party, a notarised power of attorney from the real estate owner must be added to the list of documents. You also need a TIN and the passport of the trustee.

Registering real estate in Turkey for a foreigner takes from 2 weeks to 1 month (as of October 2021), depending on the workload of the land cadaster department.

When purchasing real estate in a residential building under construction from a developer, TAPY is usually issued after full payment for real estate and commissioning of the building. When you purchase real estate with New Time Investment, you will have our full support in registering ownership rights to become the rightful owner of luxury real estate on the Mediterranean coast in Alanya.