Jos Deuling, Saturday, 15 September 2012
In Turkey, you can only call yourself the owner of a property if you have a TAPU, a Turkish title deed. TAPU is a somewhat magical concept
with
different interpretations.
Table of contents :
- What is a TAPU?
- The role of the TAPU in the buying process.
- Translation and meaning of the terms on the red TAPU.
- Links to English speaking lawyers in Turkey.
- Links to additional information.
What is a TAPU?
If you buy a house in Turkey, you won't get a copy of the purchase contract as in the UK. You get a TAPU instead, a 'Title Deed' in english.
A
TAPU is
an extract from the Turkish real estate registry. This property registry, also known as TAPU office, is comparable to the Land Register in
the
UK. On
the TAPU you will find in short the following information: location, a photograph of the owner, type of TAPU, data of the property and
archiving data.
There are red and blue TAPU's.
A red TAPU is for a commonhold (
in the
US).
You get
a red TAPU if you buy an apartment in an apartment complex or a house in a project.
A blue TAPU can have different legal meanings :
- Farmland
- Building land
- Building land. There's already a house on the plot
A blue TAPU is not a commonhold.
Most foreigners who buy a house in Turkey will receive a red TAPU. The red TAPU is, therefore, the subject of this article.
There are 2 types of red TAPU's. The first red TAPU is of the type
'Irtifaki Kat'. This type indicates that you legally own
the land and the unfinished
building.
You receive the second red TAPU at the end of the buying process when you sign the contract at the TAPU office. This TAPU is of the type
'Kat Mülkiyeti'
and indicates that you are the legal owner of the land and the finished building.
Obtaining a TAPU of type 'Kat Mülkiyeti' is a lengthy process with pitfalls and obstacles. Foreigners should hire an independent lawyer to
guide them
through the buying process. Underneath I have added some links to English speaking lawyers operating in Turkey.
The TAPU is a snapshot and may be outdated. So rely never solely on the information on a TAPU but always check the data in the Land Register.
Although the TAPU is no more than an extract from the Land Register, it still has great symbolic value. With a TAPU, you can realy call
yourself the
owner of your home.
The role of the TAPU in the buying process.
The Notary
In Turkey, you can not sign a legal sales contract in the presence of a Turkish Civil-law notary. This is only possible in the presence of an
official
of the TAPU office. Prior to the official sale at the TAPU office you can sign a “promise-to-sell” contract in the presence of a notary. You
should
always record the actual purchase price in this “promise-to-sell” contract and register the contract at the Land Registry. This contract has
a
legal
status. In case of problems, you can enforce the sale through the courts.
Commonhold
If a foreigner buys a house in Turkey, it is usually an apartment in a complex or a house in a project or residential park. The contractor or
developer is obliged to register the apartment complex or project as a commonhold. The commonhold document is drawn up on the basis of plans
and
zoning. The complex is divided into independent units, and for each unit, a TAPU is issued. This TAPU is of type
'Irtifaki
Kat'. It is
the title deed of the land and the unfinished building !
It is important that the data on the commonhold document is correct. TAPU officials are required to use this data in the preparation of the
contract
and the TAPU. If the information is wrong, you are in trouble.
Iskan
After the completion of the building process, the municipality will inspect the construction to make sure that it is built according to the
building
license and the approved construction plans. If everything is ok, the developer receives a general 'Iskan', a document which legalizes the
construction. If the general 'Iskan' is issued, the house owners can apply for an individual Iskan, a habitation license. This habitation
license is
required to connect the property to the public utilities. If you do not have an Iskan, water and light will be considerably more expensive.
If
you
want to sell a house without a habitation license, you need to reduce the price drastically.
An individual Iskan is strangely enough not a prerequisite to obtain a Tapu. So you can own a property without a habitation license.
Finalising the sale at the TAPU office
You don't need a notary or an functionary of the municipality to buy a property in the UK. You just have to sign the purchase contract and
pay
the
vendor. Buyer and vendor both receive a copy of the contract. In Turkey, the property is transferred in the presence of an official of the
TAPU
office. After signing the purchase contract in the TAPU office, you are the legitimate owner of the property. You don't get a copy of the
purchase
contract but a TAPU of the type 'Kat Mülkiyeti'. This second and final TAPU gives you the lawful ownership of the land and the finished
building.
Translation and meaning of the terms on the red TAPU.
The red TAPU consists of 3 parts :
A. Main Real Estate Section. Location Details of the apartment building or project.
B. Independent Unit Section
C. Archiving data, stamp and signature of the TAPU official.
A. Main Real Estate Section. Location Details of the apartment building or project.
No. |
Name |
Meaning |
1 |
Ili |
Province |
2 |
Ilçesi |
Borough, district or town |
3 |
Mahallesi |
Parish, quarter |
4 |
Köyü |
Village |
5 |
Sokagi |
Street |
6 |
Mevkii |
Location |
7 |
Fotograf |
Photo |
8 |
Pafta No |
Map Number Land Registry |
9 |
Ada No |
Plot Number on Map |
10 |
Parsel No |
Parcel Number on Map |
11 |
Niteligi |
Type of Property ("Building" or "building land") |
12 |
Ha |
Hectares |
13 |
M2 |
Sq.meters |
14 |
Dm2 |
Sq.decim.'s |
15 |
Siniri |
Boundaries of the parcel |
B. Independent Unit Section
No. |
Name |
Meaning |
16 |
Kat Mülkiyeti |
Ownership of real property rights for land and the finished building on the land |
17 |
Kat Irtifaki |
Ownership of real property rights for land and the unfinished building on the land |
18 |
Devre Mülk |
Timeshare. Fractional/timed ownership (the independent unit is owned just for a certain period of a year) |
19 |
Satis bedeli |
Purchase price. Make sure that this is the actual price otherwise you run the risk of a substantial fine for tax evasion.
|
20 |
Niteligi |
Type of Property ("Building" or "building land") |
21 |
Arsa Payi |
Share in land shown as Share/Total |
22 |
Blok No. |
Block (Building, Mansion) Number |
23 |
Kat No. |
Floor Number |
24 |
Bagimsiz bölüm No. |
Apartment, house number |
25 |
Edinme sebebi |
The reason why the property is being acquired. For example, 'Sales', 'Donation' or 'Legacy'. Including the particulars of
the buyer
and seller. |
26 |
Sahibi |
Name of Owner or Owners. More than one person can own the same property. In this case, their respective shares are to be
shown in
this section. |
C. Archiving data , stamp and signature of the TAPU official.
No. |
Name |
Meaning |
27 |
Cilt No. |
Binder No. First coordinate of the location of the sales contract in the Public Registry |
28 |
Sahife No. |
Page No. Second coordinate of the location of the sales contract in the Public Registry |
29 |
Sira No. |
Entry No. Third coordinate of the location of the sales contract in the Public Registry |
30 |
Tarihi |
Date of registration |
31 |
Yevmiye No. |
Transaction Number. Each transaction is assigned a unique number. |
32 |
Siciline uygundur |
Appropriated for registration. Stamp and signature of the official of the Public Registry |
Links to English-speaking lawyers in Turkey.
- A list by the British Embassy
in Ankara of English-speaking sollicitors in Turkey
is an independent attorney law firm
that provides a national and
international legal services.
- a specialist law firm
in the field of Commercial
Law,
Contract Law, Property Law and Family law.
Links to additional information
(ukinturkey.fco.gov.uk)