Everything you need to know about TAPU in Turkey.
TAPU or TAPU -It is an official document that confirms the ownership of a particular person or group of persons over a piece of real estate. Turkey has a titling system for real estate titles. This means that real estate rights are formalized by the state, specifically by the Cadastral Department. This excludes all possible machinations with real estate. In the local Cadastral Office on the location of the real estate object are concluded contracts of sale, inheritance and registration of TAPU.
Symbol of the Cadastral Office in Turkey
Citizens of the Republic of Turkey and foreigners have the same right to obtain a Tapu. The difference for foreigners is the authorization of the Military Committee that the acquired property is not strategically important, and that it is not, for example, under military protection, is not protected by the state. In 2013, this procedure was significantly simplified, the permission of the Military Committee is taken only by the first foreigner buyer, when reselling to foreigners it is issued automatically. Undeveloped plots, including for agricultural purposes can be registered on a foreigner, as a natural person, subject to obtaining permission from the Ministry of Interior of Turkey. But obtaining this permit procedure is more of a formality, you can freely obtain it at the local branch of the Turkish police. The maximum size of a land plot that can be acquired by a non-resident individual is 30 hectares.
Now to buyreal estate in Turkey is not necessary to have a residence permit, as it was before 2013. From the peculiarities: citizens of Ukraine and Russia are prohibited to purchase real estate on the Black Sea coast of Turkey, namely you can not buy real estate in the following cities: Sinop, Tokat, Samsun, Giresun, Trabzon, Gumushane, Zonguldak, Karabuk, Artvin, Rize, Chorum, Ordu, Bolu, Bayburt, Bartyn, Dyuzje. But on Karadeniz, as the Turks themselves call this region, there are not so many foreign visitors because of the specific ethnic way of life, religious conservatism and rather cold winter. The most popular destinations for purchasing housing in Turkey are the Mediterranean coast, more specifically Antalya, the Aegean coast and Istanbul.
Formalizing the TAPU.
In Turkey, only the Tapu proves the ownership of real estate, that is, if a Tapu is issued by the Cadastral Office, it is absolute, valid ownership. It cannot be challenged in court after the conclusion of a sale transaction. It is not formalized by any notaries (which formalize only the contract of sale with the terms of payment), but only the Cadastral Office.
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How a sale and purchase transaction usually takes place in Turkey
The owner of the property is the natural and legal persons who are registered in the TAPU. Up to 10 persons can be registered, including minor children. There is no age restriction for ownership of real estate. People inscribed in the Tapu do not have to be relatives or family members, they will be co-owners of equal or unequal shares of the real estate. The size of the shareholding is determined by all co-owners, each of them has the right to resell their share, but this requires the permission of all persons entered in the Tapu. The signature in the tapu is made by the buyer of the real estate personally (or by the buyer's authorized representative).
If the buyer is a foreigner, the transactions at the Cadastral Office are carried out in the presence of a state interpreter. It is obligatory to sign an act that the parties have no claims to each other. After that, the name of the new owner of the property is entered in the cadastral book, on the basis of which the certificate of ownership of the property - TAPU. On average, it takes one week to issue a Tapu.
If the tapu is lost, it is restored within 1 day upon payment of the state duty.
When the tapu is ready, the property owner must personally come and collect it. By this time, the seller and the buyer must make full payment for the purchased object. And, as said above, do not forget about the state interpreter. His signature on the contract of sale is an indicator of the legality of the document and the absence of claims from both sides.
Buying real estate in Turkey, what do I need to pay attention to?
- For housing - availability of building plan, building permit, and occupancy
- Does the address of the property match the address on the tapu
- If you are in arrears on utilities, all debts are fully transferred to you along with the property
- Check the tapu for legal cleanliness at the cadastral office - no mortgages, pledges, debts, partial alienation, gift agreements
- A government interpreter must ALWAYS be present. And the interpreter should not be the namesake of the Turkish seller.
Red and blue TAPU
A red tapu is issued for a plot of land with a finished property, while a blue tapu is issued for a plot without a structure.
What red and blue tapu look like in Turkey
Terms of TAPU
Ana Real Estate - Description and location of the property
Ada No - Plot number
DMA² - Square decimeters
ON - Hectare
Ilcesi - District, province
Mahallesi - Microdistrict
Koyu - Settlement, village
Mevkii – Place
Sokagi – Street
Block No - Block number, house number
Parcel Cat No - Floor No - Parcel Number
Yuzolcumu - Area of the land plot
Niteligi – Functions, for what purpose the real estate is currently being used
Devre Mulk - Temporary or fractional ownership
Arsa payi - Share of proportional land ownership
Independent Section - Information about the property unit
Owner - The name(s) of the actual owner(s).
The reason for the purchase - The buyer's name, the reason for the sale.
Did you like the article? Don't forget to share it with your friends.As the Turks say – görüşürüz (pronounced goryushuryz) – see you later.
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