What is a tapu and how can one obtain a certificate of ownership in Turkey?

Istanbul: A City of Investment Opportunities

Istanbul, as one of the largest and most historically rich cities in the world, attracts many investors looking to invest in the real estate market. One of the most important aspects of purchasing property in Turkey is the tapu, which is the official certificate of ownership for the property. Let's delve into the concept of tapu and its role in Turkish legislation.

What is a tapu?

A Tapu is a legal document that confirms your right to own property in Turkey. A sales contract is not sufficient proof of ownership; it is the tapu issued by the local land registry that serves as such proof. This system of transfer of rights ensures undisputed and unrestricted ownership of both land plots and any structures on them. In cases of legal disputes, the right confirmed by a tapu cannot be challenged.

Contents of the document tapu

The title document contains detailed information about the owner, their photographs, as well as important data about the property itself:

• square
• value
• location
• information about previous owners

This document serves as the foundation for your assets in Turkey and guarantees that you will avoid legal conflicts in the future.

Advantages of tapu

The main advantage of a tapu is that it provides full ownership rights not only directly to the structure, but also to the land on which it is located. It should be remembered that the certificate does not specify the top name of the address, but gives the cadastral number of the plot, as well as its dimensions. The owner of the property can be one person or joint ownership with up to ten other people. It can be spouses, children, parents or even just friends - the main thing is that the age of the co-owners is not important.

Title deed and residence permit

In addition, having a tapu opens up the possibility of obtaining a residence permit in Turkey for foreign citizens. Investors can apply for a visa if the value of their property exceeds75,000 dollarsin major cities, and more50,000 dollarsin the other regions of the country. This minimum threshold was established by new rules that came into effect onApril 26, 2022If the property is purchased before this date, then an appraisal for residency purposes is not required.

The validity periods of residence permits

Temporary residence permits are usually issued for a period of one to two years, but can be renewed provided the property continues to be in your possession. Family members, such as a spouse or minor children, are eligible for a group residence permit along with the principal owner whose name appears on the tapu.

Conclusion

Thus, a tapu in Turkey is not just a document, but a powerful tool that provides legal protection and opens up new opportunities for foreign investors. If you plan to purchase real estate in Turkey, a complete understanding of the process of obtaining a tapu and all the related nuances will be the foundation of your successful investment. This document not only grants you ownership rights but also opens the door to a multitude of new opportunities in this unique country.

Obtaining citizenship through investment in Turkey

According to Turkish law, individuals who purchase real estate worth more than 400,000 US dollars can obtain citizenship through investment. This means that by becoming the owner of such a property, a person has the right to apply for a Turkish passport. The citizenship application process is quite efficient and can take as little as four to six months under a simplified scheme.

Who can purchase real estate in Turkey?

It is important to note that both individuals and legal entities have the opportunity to purchase real estate in Turkey. One of the key features is the principle of reciprocity:

• Citizens of countries that have legislation allowing Turks to purchase real estate can also expect a similar right.
• Currently, Turkey maintains relations with 112 countries, among which Russia stands out.

Types of tapu in Turkey

In the property ownership system in Turkey, there are several types of testamentary certificates known as tapu. The main types of these certificates are:

• Red tapu- evidences title to residential or commercial real estate;
• Blue slippers— regarding land rights.

If a foreign citizen decides to invest in an undeveloped plot of land, they must submit a construction project within the next two years, and the construction process must be completed within five years. Otherwise, if the project is not submitted or not implemented within the specified timeframes, local authorities have the right to sell the property at auction for the current market price, which may lead to the cancellation of ownership rights.

Modern changes in the tapu system

Since 2021, there have been significant changes in the tapu system: certificates have been updated and now include new elements such as QR codes. Public institutions in Turkey are actively implementing modern electronic systems for registration and tapu issuance, which makes the process of obtaining information on real estate and their owners much easier.

New document flow format:

• Excludes mentions of previous owners;
• It offers more comprehensive information about net and gross areas;
• Simplifies the procedure for entering data on owners and their shares of ownership.

Calculation of real estate areas

As for the calculation of areas, the gross area of apartments in multi-apartment buildings is determined based on the total area of the floor. It includes:

• The usable area of a specific apartment;
• Internal and external walls;
• Fractions of common spaces such as stairways, elevators, and other common areas of the floor.

Meanwhile, the concept of net area reflects only the square meters within the apartment itself, excluding common areas. Thus, the tapu system in Turkey not only provides legal protection for property rights but also meets modern requirements by implementing electronic technologies and simplifying the process of property rights registration.

Conditions for obtaining a tapu in Turkey

In the Republic of Turkey, there are several conditions that allow foreigners to obtain a certificate of property ownership, known as a tapu. The main factor for obtaining it is a verified transaction related to the purchase of real estate within the country.

Before applying for this document, the new owner should:

• to conclude a current sales contract;
• conduct an independent property valuation;
• to ensure that completed financial settlements with the seller are in place;
• to obtain an individual tax number (TIN) in Turkey.

The legal aspects concerning the acquisition of real estate by foreign persons are regulated by the Cadastre Laws, namely Articles 35 and 36, in accordance with Law No. 2644.

Stages of obtaining a title deed

For a foreign buyer to successfully obtain a title deed, it is essential to consider all the details of the transaction. The main stages involved in the process include:

• choosing the right object;
• obtaining an independent valuation of its cost;
• purchasing insurance;
• drafting a sales contract;
• Transfer of funds to the seller.

Only after completing all the specified steps can one proceed to submit the application for the title. For this, both parties—the buyer and the seller—must visit the cadastral authorities, where they need to sign documents confirming the absence of disputes or claims between them.

Procedure for issuing a tapu

Let's take a closer look at the process of obtaining a title deed. The first step is to identify the specific property.

At the same time, the buyer should pay attention to the following restrictions:

• The share of real estate that can be owned by foreigners within a specific area should not exceed 10%.
• The specific boundaries of such territories are established by the relevant government agencies.
• land plots available to foreign buyers are limited to an area of no more than 2.5 hectares.

If foreign citizens wish to purchase real estate with a total area exceeding 30 hectares, they will need the approval of the Turkish cabinet of ministers, except in cases where the property is inherited.

It is important to note that the purchase of real estate in closed military zones and areas classified as high-security for foreigners is prohibited.

Based on the data, it should also be emphasized that citizens of Russia and Ukraine cannot purchase property on the Black Sea coast.

Popularity of regions for buying real estate

As of 2020, among Russian citizens, certain resorts and cities in Turkey were the most popular for purchasing real estate. The key factors influencing the choice of property remain:

• the buyer's financial capabilities;
• goals such as the desire to obtain citizenship or invest in real estate for the purpose of generating rental income.

Istanbul has the largest number of properties suitable for participation in programs offering citizenship through investment, making this city very attractive to investors. Thus, the process of purchasing real estate in Turkey has its unique features that require careful preparation and full compliance with all legal regulations.

Analysis of the real estate market in Turkey

In this review, we will analyze the housing market in the ten largest cities in Turkey, which hold leading positions in the number of residential property transactions. In January 2022, we will present the average prices per square meter and the total cost of real estate, as well as assess the price growth in dollars over the past year and the payback period of the property considering rental income.

Market leaders

In first place by the number of transactions isIstanbulwhere the average price per square meter is15,110 dollars.In this metropolis, the total value of real estate reaches430 490 dollarsand the price increase over the year is equal to45%. The payback period for the rental investment here is16 years old.

In second place is the capital of Turkey -AnkaraThe average cost per square meter of real estate here is8,255 dollarsand the total price of the objects is equal to20,726 dollarsThe annual price increase in Ankara is37%, with a payback period of17 years old.

Other cities

Izmiralso demonstrates decent performance, with an average price per square meter of5,486 dollarsThe total cost of residential properties is$376,470....and the market price growth here has reached...10%The return on investment in real estate in Izmir is observed within21 years old.

Antalyaattracts investors with an average price per square meter of4,295 dollars, and with a total value of the assets at the level370,450 dollars. In this region, the price increase for the year was43%, and the payback period for the investment is —19 years old.

InBursethe price per square meter is3,734 dollarsand the average cost of the properties is245,310 dollars. The city shows an annual price increase of14%what can be expected20-year-oldpayback period.

Price indicators

KocaeliandMersinthey also stand out with their indicators: the cost of a square meter in Kocaeli is2,801 dollars, and in Mersin —2,346 dollars.There is an increase in prices for6%in Kocaeli and38%in Mersin. In the outermost cities such as.TekirdağandOneThe average prices are2,215and2,184 dollarsaccordingly, with the increase in prices for26%and54%.

Balıkesir, with its affordable price per square meter in1,891 dollars...also delights investors with its attractive growth in...27%.

Currency exchange rates

All the prices mentioned above refer to the beginning of 2022 and are expressed in dollars, based on the exchange rate.1 USD = 13.48 TRYThe price increase was calculated compared to the dollar exchange rate at the beginning of 2021, which was1 USD = 7.45 TRY.

Procedure for checking and purchasing real estate

Now let's take a look at the process of verifying and purchasing real estate. Before making a decision to buy, it is crucial to ensure that there are no encumbrances, such as court liens or mortgages, and to check the rights to the property or the right to reside.

Attention should be paid to the type of registration indicated inTAPU: note"cat elevation"means that this is a preliminary registration of an approved project, while"cat ownership"indicates the final registration of the house.

Sometimes potential buyers are offered apartments in new buildings with a mark."cat elevation"This may mean that the property is not yet fully compliant with the project and has not received an operating permit from local authorities. Even minor deviations can prolong the process of property registration, as the developer is required to correct the deficiencies pointed out by state experts. To avoid any complications, it is strongly recommended to check the project documentation and the presence of encumbrances.

The role of a lawyer in a transaction

Finding a reliable lawyer to check real estate can be extremely beneficial: an experienced specialist in this field can submit requests to the relevant authorities.

Overview of apartments in Istanbul

In Istanbul, Turkey, there are currently 781 apartments available, with prices starting at $411,000. These modern and spacious apartments are located in a sought-after area with well-developed infrastructure and were built in 2023.

New residential complexes

There are also 1,441 apartments available on the market, starting at $246,000, in a new residential complex that offers pools and well-maintained green areas. The complex is located near the highway and a metro station, with completion scheduled for 2026.

Apartment prices

In addition, there are 686 apartments priced from $645,000. This is a new residence with pools and green spaces, located in a historically significant and popular area of the city. These apartments are expected to be completed in 2024.

There are also 1,050 apartments available starting at $184,000, located in a quiet green area with a swimming pool. The completion of this development is scheduled for 2025.

Opportunities for investors

It should be noted that 689 apartments priced from $306,000 offer the possibility of obtaining residency and citizenship in an attractive location, with their completion also planned for 2024. Among the new projects is a residential complex consisting of only 167 apartments, which offers beautiful views of the park, is located near Istanbul's financial center, and was built in 2023.

Real estate appraisal

A key step in the process of obtaining a title deed is determining the market value of the property. For this, an appraisal is conducted in accordance with international standards. This process is of significant importance as it allows investors to obtain information about the actual value of the apartment, preventing the possibility of fraud.

• The title deed records the appraised value, even if the actual transaction price turns out to be higher.
• This system is beneficial for the owner, as taxes and fees are calculated based on the assessed value.
• The cadastral value of new buildings in Istanbul is usually close to the market value.
• In resort cities like Alanya and Antalya, there is a noticeable difference between the cadastral and market value.

Obtaining citizenship through investment

If an investor is interested in obtaining Turkish citizenship through investment, it is important to minimize potential costs by choosing properties in areas where the cadastral value is closest to the market value, such as in Istanbul.

Expert in Turkish real estate Emirhan KırkıncıoğluIt is noted that for an accurate assessment, it is better to consult certified specialists who will conduct the evaluation for 200 euros and provide a report within 2-3 days. The Tranio company collaborates with experienced experts and guarantees the completion of the assessment within the agreed timeframe.

Real estate insurance

Additionally, to obtain the TAPU, it is also necessary to arrange for a mandatory insurance policy against damage caused by earthquakes and other natural disasters (DASK). The cost of such a policy is calculated based on several factors, including:

• Property sizes;
• Type of property;
• The level of seismic activity in this region.

This is an important step, as property safety in earthquake-prone areas should be a top priority.

Property insurance in Turkey

For example, insuring a new 100 square meter home in Istanbul will cost about 18 euros per year. In Alanya, where seismic activity is not as high, the cost of a similar policy will be around 7 euros.

Step 5: Preparing to finalize the document for registration

In order to obtain a tapu in Turkey, Russian citizens will need to collect a number of necessary documents. These include:

• A foreign passport that must be valid for at least six months from the date of application;
• Two photographs measuring 3x4 cm;
• Tax number in Turkey (TIN);
• Bank statement within the country;
• Real Estate Appraisal Report;
• Earthquake insurance policy DASK;
• A power of attorney, if the owner is about to delegate their authority to a representative.

Obtaining a certificate of ownership can be done either in person or through an authorized representative at the cadastral office in Turkey. After submitting all the required documents, an SMS message should be sent to the specified phone number with information about the date when you need to come in to sign the necessary papers.

Step 6: Payment of taxes and fees

After the successful submission of documents, the new owners will need to pay a tax related to the transfer of ownership rights. This tax ranges from 2% to 4% of the estimated value of the property. A state fee for processing the paperwork and the services of an official translator, which is about 200 euros, will also be required. Only after these payments are made will the cadastral office begin processing the documents and notify when the title deed is ready for collection.

Step 7: Final actions with documents

On the agreed day, the buyer and seller, or their legal representatives, must visit the cadastral office at the property address. If any of the participants do not speak Turkish, the presence of an official translator at the meeting is required. During this meeting, the parties confirm that they have no claims against each other, after which the information about the new owner is entered into the state real estate register. Once these procedures are completed, the buyer becomes the legal owner of the property. In a few days, the title deed will be ready, and the entire process usually takes no more than three weeks.

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The annual Cappadocia Balloon Festival attracts the attention of many travelers who dream of witnessing this amazing event. However, along with the scenic views that this region offers, it is also worth considering how to formalize a tapu, which is a certificate of ownership for real estate properties in Turkey.

Expenses for obtaining a title deed

Obtaining a tapu is associated with several important costs. First of all,taxThe fee that must be paid upon the transfer of ownership rights ranges from2%to4%from the appraised value of the property. Secondly, it is important to consider the payment of the state duty for document processing and the services of a translator, which usually amount to about200 euros.

How to properly fill out a form?

Now let's take a closer look at how to properly fill out the tapu, which consists of four different sections.

First section: Location information

The first section contains information about the location and address of the property. It includes the following details:

• province (ili);
• neighborhood (i̇lçe);
• quarter or locality (neighborhood / village);
• land plot number (ada no) and parcel number (parsel no);
• land area (land size);
• property category
• photo of the owner (fotoğraf).

Section Two: Property Information

The second section presents information directly related to the object, and here the following parameters are specified:

• property type;
• block number, entrance, and floor (block no - entrance - floor no);
• an ownership interest (arsa payi);
• independent element number (bağımsız bulüm no);
• the area of the object in square meters (proje m²);
• page number and registry entry (volume / page number).

Section Three: Ownership data

The third section is dedicated to information about the owners. This section includes:

• name and surname of the owner (first name last name / father's name);
• share of ownership (hissesi).

Section Four: Real Estate Registry Management

The fourth section deals with information related to the management of the real estate registry in Turkey and includes:

• property type and unique number (taşınmaz tipi / no);
• location data
• method of acquiring ownership rights (edinme neder);
• date of registration and registration number (registration date / journal number);
• transaction value

The cost of obtaining a title deed.

Many people wonder how much it costs to obtain a TAPU (title deed). The price can vary depending on the value of the property and starts from2%to4%from its total amount, as well as additional expenses of about620 eurosThese expenses may be related to appraisal services, state fees, translation services, and insurance.

Necessary documents for obtaining a tapu.

What is needed to obtain a tapu? You will need to prepare a package of documents that includes:

• a foreign passport with a minimum validity of six months;
• two 3x4 cm photographs;
• individual tax number (ITN) in Turkey;
• appraisal report for the property;
• insurance policy for earthquakes, when it comes to residential buildings;
• A power of attorney, if the owner cannot be present in person during the formalities.

Procedure for issuing a tapu

When submitting an application for a title deed, several conditions need to be checked: the appraised value of the property, the presence of a signed and paid purchase agreement, as well as insurance, if the property actually exists. The presence of a tax identification number (TIN) for both the buyer and the seller plays an important role, as well as confirmation of payment of state duties and taxes.

Confirmation of the authenticity of the tapu

To verify the authenticity of the title, it is important to remember that only a government authority has the right to issue it, and its authenticity can be confirmed through a notary by requesting the relevant information from government agencies. This will ensure that all property rights are properly documented and protected.

Conclusion

In conclusion, I would like to emphasize that understanding the tapu system in Turkey is a key point for anyone interested in purchasing real estate in this country. Tapu is not just a document confirming ownership; it is a reliable guarantee of rights to land and buildings, protecting the owner from potential disputes and risks in the future.

Types of tapu

As I found out, there are two types of certificates:

• Red— for properties with residential or commercial buildings;
• Blue— for land plots.

This division simplifies the process and makes it more transparent for buyers. The requirement that a construction project must be submitted for undeveloped land within two years serves as an additional incentive for a responsible approach to investing.

Innovations in the tapu system

It's interesting that with the introduction of new standards like QR codes and electronic registration, the process of check-in has become much simpler and safer. This shows how Turkey is adapting to modern technologies, aiming to improve conditions for foreign investors and facilitate the acquisition of documents.

Opportunities for foreigners

It is worth mentioning the possibility of obtaining a residence permit or even citizenship through real estate acquisition. This makes Turkey an attractive destination for foreign citizens who wish not only to invest but also to become part of a vibrant and dynamic country.

Final thoughts

In conclusion, I hope this information helps you better understand the structure of property rights in Turkey and weigh all the advantages and risks associated with purchasing real estate in this country. As you embark on your journey into the world of real estate in Turkey, it is important to equip yourself with the necessary knowledge to ensure that your investment is successful and yields the long-awaited results.