Before buying a property.. Learn about Title Deed its types and importance

Created: 2022-05-10
Last Updated: 2024-04-23
Views: 2732

Content Index

The definition of Title deed
Types of Title deed
When does the investor get the Title deed
Contents of Turkish title deed
How to obtain a title deed in Turkey
Turkish Tapu Fees

The title deed is the most important document that the investor must obtain once he buys a property because it is the document that proves your purchase and ownership of the property in Turkey, whether this property is an apartment, villa, or a commercial shop, as it is the recognized document in all government departments, especially if the purpose of buying a real estate is to obtain Turkish citizenship or real estate residency, but there are many investors do not know the types of Tapu or the differences between them. In this article, Ramzy Real Estate provides you everything you want to know about Title deed, its importance, types and how to extract it.

The definition of Title deed

Before defining the word Tapu, first you should know that the word tapu is a Turkish word derived from the Greek topos (τόπος), that means a piece of land, and it also means real estate building, it is the ownership document, or title deed of the land, the title or document of ownership of a property, and the word had been used since the Ottoman Empire.

In the Turkish law, the definition of Tapu is the “title deed”, which is the document that proves the legally ownership of the property to the owner, and it includes the owner’s name and his photo, the type and site of the property, in addition to its area and all detailed information about the property, and this document allows the owner the right to dispose of the property by renting or Sale or investment, and the owner cannot prove ownership of the property without this document, which is extracted from the Tapu Department in Turkey, which is the Land Registry Directorate of the Ministry of Environment and Turkish Cities, known in some countries as the Real Estate Authority, where the title deed is recorded.

Types of Title deed

There are several types of title deed and each type is designated for a specific type of real estate, and there are two types of title deed, one red and the other blue, and each color refers to the type of real estate, as the blue title deed is for agriculture lands or for lands that are designated for construction projects, while the red Tapu is for residential real estate, such as houses, apartments, or shops. Both colors have a similar design and content, but each type provides different legal rights to the owner.

1- Land title deed for construction

The land must be located at an area within the reconstruction plan of the state to be (land suitable for construction), but it doesn’t mean that you can build a building or a project on it even it takes the status “land suitable for construction”, as to build a project should be organized by authorities to extract a building permit for this purpose from municipality, because may the area entry into the reconstruction plan of the state, as the land may be located on the road or designated for a public park or green area. If construction is done on this land or the land is included in the construction planning, the landowner must convert the blue Tapu into a red Tapu.

2- The title deed of agricultural land

If you purchase agricultural land, you must verify its status. The land may be registered in the title deed as agricultural land, and later can take the approval of the authorities to be land for reconstruction due to the change of the reconstruction plan in the area, while remaining in the title deed as (agricultural land), because the type of the land has not changed. You must make sure of the title deed of the land before purchasing it from the concerned municipalities.

3- Title deed of buildings

In this type of title deed, the main general real estate information is written, without mentioning the information of the separated sections of the real estate, as the real estate is registered as a single unit and is not divided into separate sections, such as independent houses, barn, warehouses, factories and its alike.

4- Under-construction title deed

It is called in Turkey as “Irtifak Tapu”, This type of title deeds that is recording each section of the property separately, meaning that a project is been planned on a specific land, then the approval is obtained for construction, and then the project is divided into separate sections (such as apartments within the building), and each section is regulated by a its own title deed. It shows the location of each department and its information, without considering whether the construction of the project has been started or not, and the type of real estate in such Tapu should be mentioned as building or agricultural land, due to the non-completing of the construction of the project, and after the completion of construction and issuing the housing approval, the Tapu of the property should be issued after that.

5- under-construction title deed of the floor

The owner of the construction project extracts it to obtain the necessary financing for the project. This register identifies the shares of the property and the share of each owner. In the floor Tapu only the middle column is indicated in the property title deed (Tapu), which gives the title deed (Tapu) the status of the “Irtifake” title deed and not a normal title deed, and this type of real estate document is defined as the stage that precedes obtaining the title deed itself, and the “Irtifake” deed proves the property owner’s right of ownership in the building that will be built or that will be constructed on a specific piece of land, which has not yet been completed, but is recorded in the records of Real estate department.

6- Title Deed

This is one is what concerns the owner of the apartment or the investor who whatever bought an apartment, real estate or villa, and it is the document that records his ownership of the property after the completion of its establishment. The title deed and the under-construction deed differ from agricultural land title deed or construction land in terms of the information recorded within it. These documents contain the number of the apartment and its area and location in the building and its share of the building land, and in the absence of such information in the title deed, this means that the property has not yet obtained its own title deed “under-construction Tapu”.

7- Shared Property Registry

The shared real estate title deed is a modern procedure of its kind, It is for the property which is registered by the name of more than one person at the same time, and this record is considered one of the new investment tools in the market of real estate investment in Turkey, where more than one person can own the same property, and in this the type of real estate records there are some restrictions as everyone in the record has an equal or different share in the property between the partners according to their desire.

8- Commercial Property Registry

It is the record that must be obtained, if the purpose of the property is for commercial activities, including offices, shops, stores, and other real estate of commercial use, as well as the housing that has been converted from housing to commercial use; Therefore, it is very important that the purpose of using the real estate is registered on the real estate registry, and the phrase “commercial real estate registry” must be written on the real estate records that allocated for commercial activities.

When does the investor get the Title deed

• If the investor paid the full price of the property, and purchased without having instalments.

• If he pays the value of the property and the property is still under construction, he can obtain an under-construction title deed for the real estate unit he purchased.

Contents of Turkish title deed

• A personal photo of the owner.

• Details of the location and address of the property (country, state, city, neighborhood or village, type of property, a plot of land / residential property).

• The project area in square meters and the property's share of the total project, and other information such as building number / floor / block number / apartment number and others.

• Information of the property owner.

• The reason for purchase.

• Purchasing price.

• Date of recording or registry / record number / file number / page number.

How to obtain a title deed in Turkey

• Take an appointment at the Tapu Department of the municipality in which the property is located in.

• Ensure that both parties (the seller and the buyer) agree on the transfer transaction fees.

• The title deed is signed by the seller and he receives a notification confirming the transfer of the agreed amount to the seller through the bank.

Turkish Tapu Fees

The Tapu fees is an important item, it is amounts 4% of the property value. It is a fee imposed by the state on both the seller and the buyer. Usually, the buyer or investor pays the full fees unless the two parties, the seller and the buyer, agree to pay it equally at a rate of 2% for each.

There is (VAT) Value Added Tax, it is ranged from 1% to 18% of the property value. This tax depends on the type of property, its area, and the price per square meter of land.

At Ramzy Real Estate Company, we are glad to accompany you on the journey of buying property in Turkey and to provide you with a range of services to make the process smooth and easy , as we are always keen to present a variety of options for residential and investment properties in addition to helping you obtain Turkish citizenship for those looking for it.
Our services:
- Legal advice .
- Property Management.
- After-sales services .
- Legal services and obtaining Turkish citizenship.
- Buying and selling real estate in Turkey.
- For more details, you can contact us via the communication platforms or via the WhatsApp attached on the site.

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Before buying a property.. Learn about Title Deed its types and importance

The definition of Title deed