TAPU in Turkey - ownership

Making a TAPU in Turkey

TAPU in Turkey is the only existing title deed. Turkish citizens and foreigners have equal rights. The difference in obtaining a TAPU in Turkey for foreign citizens is the permission of the Military Committee. It is issued for the purchase of a property, in the name of a new owner. This permission confirms that the place where the object is located is not strategically important and is not under military or state protection.

Amended by a law adopted at the end of 2013, which simplifies this procedure, only the first foreign buyer should receive permission from the Military Committee, all subsequent buyers receive it automatically.

TAPU in Turkey is registered by the location of the purchased property in the cadastral committee. The buyer and the seller, in the presence of a state interpreter, sign an act of no claims to each other, and after that, transferring ownership takes place. The buyer is entered the cadastral book, and then they issue a cadastral sheet or, as it is called, TAPU - evidence of ownership of real estate.

July 27, 2012 in Turkey, the Council of Ministers approved new laws on the acquisition of real estate by non-residents of the country. Previously, the main one was prescribed in the Turkish constitution, the “principle of reciprocity”, according to which foreigners in Turkey were endowed with the same rights as the opposite country give Turkish citizens. But now 129 countries may buy real estate in Turkey without considering this principle.

Citizens of Ukraine, as before, may purchase real estate in the state's territory of Turkey. What is new is that now undeveloped land, including agricultural land, can also be issued to an individual, for this you need to get permission from the Ministry of Internal Affairs of the Republic of Turkey, but this procedure is formal and you can get such permission at the local police station.

The amount of land that a foreign citizen can gain in his own name has also increased from 2.5 to 30 hectares. And the percentage of real estate owned by non-residents of the country in any region of Turkey is regulated by 10%. Previously, citizens of Ukraine could purchase real estate up to 2.5 hectares, considering the fact that a building (villa, commercial property or apartment) would be registered on it, and agricultural land and land plots without buildings or with buildings larger than 2500 m2 could only be bought on a legal entity registered in Turkey.

The good news was that now the citizens of Ukraine do not need to apply for a primary residence permit in order to buy real estate and the terms for obtaining a TAPU in Turkey have been reduced to one week (previously, Ukrainians had to get a mandatory 6-month residence permit purchasing Turkish real estate, which issued on average 1-5 working days).

However, according to the new laws, citizens of Ukraine do not have the right to buy any property on the Black Sea coast of Turkey. It is in 18 cities, such as Sinop, Tokat, Samsun, Giresun, Trabzon, Gyumuchkhane, Zonguldak, Karabuk, Artvin, Kastamonu, Amasya, Rize, Chorum, Ordu, Bolu, Bayburt, Bartin, Duzce, since these areas are border with Ukraine.

The experts explained that these restrictions only apply to the fact that citizens of Turkey's neighboring countries are prohibited from acquiring real estate in border cities. True, the demand for housing among Ukrainians in these cities is minimal. Real estate on the Mediterranean coast, the Aegean and also in Istanbul are very popular.

The owner of real estate is considered being an individual or legal entity, entered directly into the TAPU. There is no age limit: underage children can also be registered in TAPU in Turkey. Part of the land on which the gained property is located is automatically transferred to the new owner, together with the apartment / house / villa, in full ownership.

In TAPU in Turkey, up to 10 people can be entered (they can be both relatives and strangers), who will be the owners of equal or different shares of real estate. Their number, as well as the size of the ownership share, are determined by the buyers themselves, and confirmation from all owners of the receipt of funds is not required.

Each of the co-owners inscribed in TAPU in Turkey may resell his share, but for this, he needs to get the consent of all owners of this property.

In TAPU in Turkey, the area is not prescribed for an apartment, but for a land plot.

Also, in TAPU in Turkey, the address of the house / apartment / villa is not registered, but the cadastral number of the plot is showed.

TAPU in Turkey is the only document that certifies the ownership of real estate.

In case of loss of TAPU in Turkey, it can be restored within 1 working day.

In Turkey, the title system for registration of rights to real estate. You can register the right to real estate in the only state body - the cadastral department, which excludes all fraud with real estate. If the Cadastral Office has issued the title "TAPU" - this implies an untimely, absolute ownership right, and after the sale and purchase transaction, it cannot be challenged in court.

The authenticity of TAPU in Turkey is checked by the cadastral department. Notaries do not have the right to draw up and register transactions. They can only draw up a sale and purchase agreement showing the value of the property and payment terms, but this agreement will not have legal force without a TAPU document. The buyer declared in the contract of sale or his official representative are the only persons who may sign TAPU, they must be present at the signing and execution of documents.

TAPU in Turkey comes in two colors:

Red - issued for a plot of land with finished real estate

1. The address of the site on which the gained property is located;
2. Photo (when applying for documents, 2 photos of a passport format are required);
3. Information about the registration of the site in the cadastral department;
4. The condition of the site (taken from the information submitted to the cadastral department);
5. The area of ​​the plot that belongs to the new owner (proportional to the size of the gained housing);
6. Condition of the property owned by the new owner (type of ownership);
7. The value of the property
8. Information about previous owners;
9. Information about new owners
10. The date the property was purchased by the previous owner;
11. TAPU registration number of the previous owner (changes upon transfer of ownership);
12. TAPU document registration data;
13. Date of purchase of the property by the new owner

Seal of the cadastral administration, signature of the allowed person.

Blue - issued to a site without a building

Detailed information about the property: who previously owned it, whether there are debts, encumbrances, etc., can be provided to you at the Cadastral Office.

In TAPU in Turkey, the share of ownership of the land on which the object is located, as well as the value of the property (which may differ from the actual purchase price as it is beneficial when paying annual property taxes, this practice does not amount to hiding the taxable value, it officially accepted.

However, this amount cannot be lower than the cadastral value, which is set by the local administration.)

When submitting documents for obtaining a residence permit, everyone whose names will fit into the TAPU is mandatory.

Documents to be prepared in advance:

• a passport with a validity period of at least six months,
• 5 photos,
• a check from a currency exchange office (exchanging an amount of $3 thousand for Turkish lira),
• a bank card that confirms the existence of an account in one of the Turkish banks. The account must be opened by citizens whose names will fit into the TAPU,
• account statement (Russian or Turkish bank), which confirms the availability of money, at the rate of $500 per month per person.

After that, future owners can return to Ukraine or move into the purchased apartments.

After the expiration of the TAPU registration period in Turkey, the buyer must come and receive this document - no one else may pick it up.

Prior to this, the seller and the buyer must make the last payment for the purchased property. Another prerequisite for the execution of contracts with the participation of foreign citizens who do not speak Turkish is a state translator. His signature on the contract is a prerequisite for the legitimacy of documents.

After this process, a residence permit is issued, as well as documents for the provision of public services. TAPU in Turkey is registered with the regional administration for real estate tax.

The TAPU of the new sample contains an additional means of protection against document forgery: a QR code and an identification number have been added. The barcode will allow you to skim all the information about the object and the owner of the property through a mobile device. Old designs will remain and the owners themselves can decide whether or not to change it to a new design.

WHEN BUYING REAL ESTATE, PAY SPECIAL ATTENTION:

!!! TAPU in Turkey (cadastral certificate) must be carefully checked for various encumbrances: mortgages, pledges, debt obligations, partial alienation, gift agreements, etc.;

!!! Check if the address of the object matches the address specified in the TAPU;

!!! When buying residential property, pay attention to the availability of a building plan and a building and residence permit;

!!! Check if there are any outstanding bills for electricity, water, taxes, as they may be required from the new owner;

!!! Do not make a deal if the contract is not certified by a sworn translator.