With the increase in interest in real estate ownership in Turkey, the questions of investors and those wishing to own property in Turkey increased about the title deed “Tabu” …
What are the types of tapu in Turkey? What is the meaning of the rise of floor? And what does agricultural taboo mean? Can more than one owner share a common title deed? What are the procedures and costs of real estate taboo in Turkey? How is the commercial real estate registry converted into residential and vice versa …?
Real estate ownership document – TABU
It is the document that is organized regarding a specific real estate. The ownership of the property is confirmed for the person mentioned in the document. It includes information about the real estate and real estate survey numbers, and determines the location of the real estate. This document is organized by the Real Estate Registry Directorate.
The real estate deed (the title deed) is only given to the owner of the property (the legal owner). As for the people who have other rights in the real estate concerned other than owning (such as the lessor or the current one), they are not given the title deed. In real estate, as each of them can be given a special bond, but this does not mean that each of them gets a separate bond for the property, but rather shows the share of the owner of the bond in the real estate, where the owner of the bond writes the name of the bond with his share.
The title deed shows the ownership of the person (full or partial) whose name is mentioned in the deed of the property, so if the name of only one person is mentioned in the owner’s field without mentioning a ratio as 1/3 or 1/5 or other, then this means that the property is owned by the person whose name is mentioned in the deed only If the ratio is mentioned, then this means that there is a partner, and that the person named in the property owns as much as the percentage mentioned in the bond, just as the partners in one real estate are partners in all sections of the property, meaning that the partner in the property does not have a dedicated part of the property and for other partners Other parts, but all are partners in the whole.
Each apartment within a building or villa that has obtained the full ownership right or the right of easement, is considered a separate property in itself, and this is why each of these departments has its own bond.
Types of title documents (tapu)
There are several types of title deeds in Turkey according to the gender of the property, the most important of which are the following:
Documents of land suitable for construction and agricultural lands
It is real estate that is registered as empty plots, suitable for construction or unfit for construction.
This plot must be located within an area covered by the reconstruction plan to acquire a quality (land suitable for construction), but the acquisition of the land for this quality does not mean that a building can be built upon it, or a project can be organized and a building permit taken over this plot; it must be examined and audited by the concerned municipality Regarding the status of the area and its entry into the reconstruction plan, as the plot in question may be located on the road, or designated for a public park, green area, and the like.
As for agricultural lands, it is necessary to verify their status. The land or piece registered in the Land Registry may be considered agricultural land, which has acquired the status of construction due to a change in the construction plan in the region, while remaining in Sind as a (agricultural land) or what is known as the agricultural landfill, due to The sex of the drug is not changed and these cases are common, so information must first be obtained from the concerned municipalities.
In this type of title deed, the main public real estate information is mentioned, without mentioning the information about the independent sections of the real estate, meaning that the real estate is registered as a single unit that is not divided into independent departments, such as independent houses, barn and accessories, warehouses, factories and similar buildings.
Mortgage easing documents
It is the title deeds bond that records each section of the property separately, meaning that a suitable project is planned for construction over a dedicated plot of land, then construction approval is taken, after which the project is divided into separate sections (such as apartments within the architecture), and each section is organized with a special bond The site of the independent department shows its information, without considering whether the project was started or not, and the gender of the property in such bonds is mentioned as a building or agricultural land due to the lack of completion of the construction of the project, and after the completion of construction and the issuance of housing approval, bonds are allocated Ownership of the property.
Floor easement and floor ownership record
It is necessary to obtain a record of the ownership of the property in order to protect the rights of the owner of the property. The record of the ownership of the property is the document that is obtained to indicate that the owner has the right of ownership on the specified floor of the building.
There is another record called “floor easement” and it is called in Turkish (Kat irtifakı), which the construction contractor usually issues in order to obtain the necessary financing for the project.
his record specifies the shares of real estate and the share of each owner, and in the floor easement record, only the middle field is indicated in the title deed of the property (Tabu), what gives the title deed (the Tabu) the character of the easement bond and not a full title deed, this type of real estate bond is defined as the stage that must be passed before obtaining a complete title deed, and the easement deed proves the ownership title of the owner of the deed in the construction to be created Or who will start creating it on a certain piece of land, and who It has not been completed yet, but it is fixed in the records of the Real Estate Department (Tabu), stating the location and number of each section of it and whoever owns it, and in the event of completion of the project or construction with the approval of housing from the municipality – if it is in accordance with the Turkish conditions and standards – it turns Easements to complete title deed.
The construction contractors usually display the properties of the building to be sold to the buyer through this register, in a form in which the features are indicated accurately with the details, but on the other hand it is necessary to obtain a document of the record of the property ownership because this document enables the property owner to obtain a housing license.
Law No. 5711 issued in the year 2007 and published in the Official Gazette of November 27, 2007 on floor ownership indicates the need to obtain a record of floor ownership, and the law states that financial fines will be imposed on landlords who do not register the property and obtain a registry document Deck property.
Full ownership documents
And it is called in Turkish (Kat Mülkiyeti), which are documents that register the ownership of real estate after the completion of construction completely, and designate the independent departments therein with the approval of using each section separately, and each section is regulated by a complete ownership deed of its own, proving the ownership of the owner of the bond on the independent section In the aforementioned building.
Ownership and easement bonds differ from agricultural land and land suitable for construction bonds in terms of the information contained therein, where the number of the apartment or the independent section, its location in the building and its share of the land on which the building is located, and in the absence of such information in the title deed, This means that the property in question has not yet acquired the full right of ownership or the right of real estate easement, but if the independent section number, location, share of the land, and other information related to it, and its gender are mentioned as building land, then this means that the property has obtained the right of easement, and in the case of mentioning The gender of the property as a building or villa Or an apartment, this means that the property in question must have acquired the full ownership right, as this is defined by referring to the tab type field: Full ownership, real estate appropriation, or transitional ownership.
The full title deed indicates the building area, the number of parts and the part of the person in question and the number of this part and on any floor located, along with its specifications, i.e. this type clearly shows the section of the person who is buying and proves the transfer of ownership of the specified section to the person concerned, which is a type of completed real estate bond In a positive way from the legal point of view, real estate owners obtain it after obtaining housing approval from the municipality, to match the project to the Turkish standard conditions and criteria for housing and residence, where the owners of them after that do not face any legal problem at all.
It is the approval that is issued by the municipality for buildings that are constructed according to specific criteria, as it proves that the building in question has been created according to what was mentioned in the certified construction project, and in order to obtain housing approval, it must adhere to the standards imposed by the state, such as the existence of a fire ladder and cases Emergency, and that the building is earthquake-resistant, and there are adequate extinguishing cylinders available within the building and others; the task of obtaining housing approval falls on the contractor or the construction company executing the project, and after obtaining the housing approval, the easement bonds of all buyers are converted into full ownership bonds.
Transitional ownership documents (sharing document)
Transitional ownership is the right to property in the property for a specified period of the year. Transitional ownership of the property is limited to a period of 7, 10 or 15 days in a year. It means: buying a property in partnership with a defined period of use for this property, which is common in private real estate to spend holidays and the like, and enjoys The owner has all the property rights of selling, renting and assigning his right to other people.
Joint real estate registry
The joint real estate registry (Tabu) is a recent procedure of its kind in which the property is registered in the name of more than one person at the same time, and this application is considered one of the new investment tools in the Turkish real estate market, where more than one person can own the property itself, it is carried out in This type of real estate registry restrictions, real estate registration in the name of more than one person in equal or different proportions as desired, and there may be some differences based on the type of sale if it is with a loan or without a loan.
Registration of a real estate registry can be organized by more than one person at the same time, by purchasing the property in cash without using a mortgage, and in this case the partners will be able to own the property according to the proportion of the amount they have paid.
The percentages of ownership of the property between the partners are determined in advance. As for the purchases through the use of real estate loans, the registration situation in them is more complicated, in the event that two or more persons participate in the purchase of one property using a real estate loan, in which case the concerned bank will inquire For loans belonging to the parties, before organizing the real estate registry, which enables the purchase of the relevant section of the property, after obtaining approval from the bank concerned.
The property can then be purchased using the loan, whether the proportions agreed upon by the parties are equal or different, and in this case the data provided by the bank are taken into consideration only to complete the transfers related to the real estate registry in the Real Estate Records Directorate, and the necessary allocations will be made accordingly On the property by the Directorate.
Attention should be paid to the cases in which the property is purchased in cash and through the use of the real estate bank loan together, in the event that at least one of the parties uses a bank loan to purchase the stake belonging to it, and the other parties purchase in cash, in which case the departure from Context of the joint real estate registry, because the Real Estate Records Directorate takes into account the ratio attributable to the party who uses the mortgage loan during the purchase process.
The percentages attributable to other parties are calculated based on the amount that is paid, but in other cases and conditions and if the amounts paid are equal by the parties, whether they are paying in cash or through a loan, the shares are divided equally.
The owner of the share in this type of joint real estate registry restriction cannot sell the share belonging to him without obtaining the approval of other partners, and the approval of the partners must be obtained during the transfer of ownership of the stake in the Directorate of Real Estate Records.
Commercial real estate registry
The commercial real estate registry is the register that must be obtained, in case the property is designated for commercial activities and activities. Real estate of this type includes: offices, shops, stores, and other shops and other real estate with commercial use, as well as housing that has been transferred from housing to commercial use; therefore it is very important that the purpose of using the property be recorded on The real estate registry, and the phrase “commercial real estate registry” must be written on the real estate records that conduct commercial activities.
There are several things that must be paid attention to during the issuance of the real estate registry, the most important of which is the “type of real estate” that is being registered or owned; for example, a property can be sold as a residence, while it was previously registered with the Real Estate Records Department under the commercial real estate registry item! In such cases, it is necessary to change the type of real estate in the real estate records, in order to avoid problems in the future, while paying fees or taxes related to this real estate, and this can be implemented by reviewing the municipality to which the real estate belongs.
And another attention must be paid – important and necessary – which is obtaining the necessary licenses for the real estate that is owned, namely licenses and permits such as: floor easement license and floor ownership, and must be checked for their presence in the case of residential buildings.
This is absolutely necessary, especially if the property is purchased using a mortgage from the bank, as financial penalties are applied to apartments for which a floor ownership license has not been issued; and real estate registry departments can be reviewed, to consider the validity and verification of these licenses.
The commercial real estate registry is organized by writing down the name of the owner of the register, the size of the property clearly, in addition to the location of the real estate, the type of real estate, placing the shares installed therein, and the owners of shares and shares in it; all the changes that have been made in the real estate registry belonging to the real estate must be recorded If available, in addition to registering the serial number and the date returning to the property.
Each of the municipality to which the real estate records belong to, and the real estate records department to which this real estate belongs, must be reviewed to review other additional conditions, if any.
Can commercial property be converted to residential in Turkey?
Some real estate owners are forced to change the type of real estate registry for their property, and this is usually done by the owners who want to convert commercial stores in Turkey to residential apartments, and although this is relatively easy, we must pay attention to some of the things that may cause Problems appear in the future.
This process can take a relatively long period of time, because the owner must persuade all the owners of the apartments in the construction, but on the other hand, the formal procedures will not take a long time; the owner of the property must possess the following documents in the event of a desire to change the type of real estate in real estate records :
- The title deed of the real estate whose type of change is desired in the real estate registry.
- A copy of the identity card of the landlord, and this identity card must bear a copy of the person concerned
- Personal photos of the person who owns the property or the person on his behalf in an official capacity.
- Written permits must be obtained from both the municipality and the state concerned with the property, to demonstrate that there is no obstacle to changing the property type.
- In the first stage, approval must be obtained from the residents of the “neighbors” building to be able to start the procedures for transferring the type of real estate registry, in addition to the necessity of completing all the papers and documents necessary to start the formal procedures for transferring the type of registry.
Real estate registry restrictions
To find out if the property is subject to restrictions such as seizure, mortgage, confiscation, etc., you should check with the Land Registry Department and inquire about it there, given that this has not been indicated in the title deed.
The real estate bond is based on the real estate registry data. If the real estate registry or the electronic real estate survey system does not contain this registration, the real estate bond has no value, and if it is certified and signed, then every real estate document that is not registered in the real estate registry is neither recognized nor registered as its transaction. Therefore, care must be taken in this matter, and not to make the mistake of buying a property in Turkey without examining the validity or nullity of the property title, from here comes the importance of the real estate consulting service in Turkey.
It is common for sale and purchase contracts that take place in the notary departments (Notre) to depend on the real estate bond, so it is necessary to ensure the authenticity of the bond in the real estate departments before signing the contract and pay the price of the property, because the conclusion of the contract in the notary public does not prove the validity of the real estate bond, so no The contract is valid and does not prove any right of the buyer to the property in question, the mentioned bond may be forged and illegal, and the bond may be original but the property owner has sold the property to several people before that, because the seller is not obligated to hand over the old bond to the Land Registry Department after selling the property, as well The loss of real estate has no negligible risk Whoever finds it can act on the property.
Facilities in real estate registration procedures in Turkey
The real estate sector is one of the best sectors that generate profit in record time and with guarantees of high reliability in Turkey, given the great demand the country is witnessing to the purchase of real estate at the local and international levels, as the figures for the first half of the year 2017 show that more than one has been organized 600 thousand real estate records throughout the country.
Therefore, the procedures for transferring property and real estate reservations that are placed during the transfer of real estate ownership are very important and it was difficult for investors in most cases due to the routine procedures faced by the investor in the real estate registry departments (TAPU).
Therefore, the Turkish government has applied many facilities to the transfer of ownership procedures, as the real estate registry departments have witnessed several updates, starting from the application of the single window, through the use of the capabilities of the state’s website to access real estate records information quickly and reliably, and checking the validity of the information recorded in the restrictions automatically using this site.
Among the most recent of these facilities is the conclusion of an agreement between the General Directorate of Real Estate Records and the Turkish Agriculture Bank of the state, whereby procedures for placing real estate reservations on property and reservations related to real estate records can be made through all branches of the Agricultural Bank “Zaraat Bank”.
The General Directorate of Real Estate Records launched a website that can be accessed by both the specialists in the Directorate and the branches of the Turkish Agriculture Bank; noting that in the previous situation, the conversion procedures were started in the General Directorate of Real Estate Records, and payment procedures are implemented in the bank, and then Return to the General Directorate of Real Estate Records in order to establish a real estate reservation.
This matter led to a prolongation of the procedures for transferring ownership of the real estate registry, and takes a long time; but in light of this new agreement, it has become possible to transfer ownership transfer data by the branches of the Agricultural Bank directly to the website belonging to the General Directorate of Real Estate Records, It is expected that the Turkish state will implement many other measures that guarantee the transfer of all transfers of ownership to digital circles, and the conclusion of agreements with many banks in the country within this framework.
Tapu procedures in Turkey
There are some important notes that must be paid attention to during the tapu procedures, some of which are required by the Real Estate Records Department, where some papers must be prepared to avoid repetition and delaying the procedures, and here are some tips in this context:
All required documents must be prepared, the list of necessary papers must be carefully reviewed, and a personal ID or official agency must be taken in case the person is acting on behalf of another person in the process of buying and selling the property.
Submit the required personal photos from the Real Estate Department, which is one image for the seller, and two pictures for the buyer.
The earthquake and natural disaster insurance paper can be provided through branches of well-known international and local insurance companies.
Popular allowance document obtained from the concerned municipality to which the property belongs.
Real estate registry document pertaining to the property.
Bank documents, in case of using a bank loan to finance the purchase of the property.
It is very important to provide correct information during the purchase of the property, especially regarding the purchase price, in order to avoid exposure to accountability and financial fine later; in some cases, violators are fined with fines of up to 25 percent of the tax value.
Duration of completion of ownership procedures in Turkey
In Turkey, it is possible to buy a property and complete the procedures for transferring ownership of the foreign investor within a short period that may not exceed one day, according to officials of the real estate sales offices in Istanbul.
Anyone who wants to buy is only required to carry out the following five steps to be able to own a property in Istanbul:
1- The buyer comes to Turkey to sign the real estate purchase contract, and he can send a representative on his behalf according to a legal agency certified by the Turkish embassy or consulate in the country of the buyer, or through the notary “Noter” in case he wants to issue the agency from within Turkey.
2- Extracting the tax number from the nearest tax directorate (Vergı Müdürlüğü) in your area, a number given to every foreigner in Turkey under his passport, to facilitate his official transactions (a process that takes half an hour).
3- Opening a bank account in a Turkish bank, to transfer the money from the resident country to the Turkish bank (one hour).
4- Providing a copy of the buyer’s passport, translated into Turkish, and notarized by the notary, with a cost of about $ 30.
5- The seller and buyer go to the real estate registry office (Tabu), so the seller waives the property for the benefit of the buyer, and the latter receives the title deed and the property key, a process that costs about $ 50 and takes only one hour.
In the event that the property is not ready for delivery, such as if the investor purchases a house under construction from a real estate company, then the title deed is not delivered to the buyer until after the house is delivered to him.
This also applies to those who buy a house from real estate companies in installments, whereby the buyer does not obtain the title deed, unless he pays all the installments resulting from it.
The buyer who has the title deed is entitled to obtain a real estate residence permit from the Turkish Ministry of Interior, which ranges between one to three years, and this residence is granted exclusively to the foreign investor who owns a property inside the country for him and all members of his family (wife and children under the age of 18), but if it remains In Turkey more than 3 months and did not buy the property, so you can get a tourist residence for a period of 6 months, renewable.
Real estate registry fee (tabu fee)
The land registry fee (Tabu) is one of the important items that must be taken into account before buying the property, because it is not a small payment, as it reaches 2 percent of the price of the property, imposed by the state on both the seller and the buyer.
Although there is no clear and explicit text in this context, fees charges are usually charged to the buyer, meaning that the buyer pays 4 percent of the total property value as a fee for the real estate registry, for example: if the property price is 200 thousand TL, The value of the title deed will be 8 thousand TL. Therefore, this amount must be taken into consideration and the agreement agreed between the two parties on how to pay it clearly between the seller and the buyer.
In the case of a mediator between the seller and the buyer, it is necessary to determine the commission that the broker will receive, in addition to the expenses incurred when paying the fees for selling the property.
The costs of reselling the property in Turkey
If you want to sell your property 5 years before the date of purchase, you must pay a tax according to specific segments that the Turkish government announces annually and ranges from 15 to 35 percent of the net profit value of individuals. In the case of companies, the profit tax is fixed and is 20% of the net profits of the company’s business, If you want to sell after 5 years from the date of ownership, you do not have to pay this tax.