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.