Understanding the Title Deed (Tapu) Process When Buying Property in Turkey

Purchasing property in Turkey is a relatively straightforward process, especially for foreign buyers, provided all steps are followed carefully. One of the most critical components of a real estate transaction is the transfer of the title deed, known in Turkish as the “Tapu.” The Tapu officially records the ownership of the property and is issued by the Land Registry Office (Tapu ve Kadastro Müdürlüğü). Here's a comprehensive guide on how the title deed process unfolds in Turkey.

1. Preliminary Steps and Due Diligence
Before starting the Tapu process, it is essential to conduct due diligence. This includes:
- Verifying the legal status of the property at the Land Registry Office.
- Ensuring the property is free of debts, mortgages, or other encumbrances.
- Checking zoning regulations and whether the building has the proper permits.
Many buyers appoint a licensed lawyer or trusted real estate consultant to perform these checks.

2. Signing a Sales Agreement
Once the property is selected, a preliminary sales agreement is signed between the buyer and the seller. This document outlines the agreed price, payment terms, and the timeframe for the title transfer. A deposit (typically 5–10%) is usually paid at this stage to secure the property.

3. Obtaining a Turkish Tax Number
Foreign buyers must obtain a Turkish tax number, which is needed for all official transactions. This can be obtained from the local tax office with a passport copy.

4. Opening a Bank Account in Turkey
A local bank account may be required for transferring funds and recording the financial transaction. Proof of income and a utility bill from the buyer’s home country are often required.

5. Application to the Land Registry Office
The title deed transfer must be conducted at the local Land Registry Office. Both the buyer and seller (or their legal representatives with notarized power of attorney) must be present. The required documents typically include:
- Passports and passport translations (for foreign buyers)
- Turkish tax number
- Buyer’s and seller’s ID
- Current Tapu (title deed)
- Property valuation report (mandatory for foreigners)
- Earthquake insurance (DASK)

6. Property Valuation Report
Foreigners must obtain an official property valuation report from a licensed appraiser. This ensures the sale price is in line with market value and prevents underreporting for tax purposes.

7. Finalizing the Tapu Transfer
Once the Land Registry Office approves the application, a date and time are scheduled for the official signing. At this appointment:
- The remaining balance of the purchase price is paid.
- The Tapu is signed in the presence of a Land Registry officer.
- The buyer receives the new Tapu in their name, typically the same day.

8. Fees and Taxes
Buyers and sellers share the title deed transfer tax, which is 4% of the declared property value (often negotiated differently). Additional costs include notary fees, translation services, and agency commissions (if applicable).

Conclusion
The Tapu process in Turkey is well-regulated and transparent, especially when conducted with proper legal guidance. Foreign buyers are strongly advised to work with experienced agents and legal professionals to ensure a secure and smooth transaction. With the correct steps, owning property in Turkey can be both a rewarding investment and a stress-free experience.