Tapu in Turkey: what you need to know about the title deed

The tapu (tapu senedi) is the most important document for a property owner in Turkey. It is the title deed issued by the General Directorate of Land Registry and Cadastre (TKGM) once a sale is registered. Knowing what the tapu says and how to check it protects buyers from the most unpleasant surprises: debts, seizures and problems with the building’s paperwork.

What the tapu shows

• the province, district and neighbourhood of the property;
• the cadastral data of the plot — block (ada) and parcel (parsel) numbers;
• the property’s designation (nitelik): apartment, house, land, shop;
• for apartments, the block, floor, unit number and the share of the land (arsa payı);
• the owner’s details, their share and the basis of acquisition;
• the registration date and the registry entry number.

The tapu is issued in Turkish, which is why a sworn translator attends the registration — and it is worth having your own copy translated in advance.

Kat mülkiyeti and kat irtifakı

There are two main types of title deed for apartments, and the difference is fundamental.

• Kat irtifakı — a right to an apartment in a building that is under construction or has not yet received its occupancy permit. The buyer owns a share of the land and the right to a specific unit in the approved plans.
• Kat mülkiyeti — full ownership of an apartment in a building that has received its occupancy permit. The deed is converted to this type once the permit is issued.

Buying an apartment with a kat irtifakı deed in a building under construction is normal practice. But if the building was finished long ago and the deed has still not been converted to kat mülkiyeti, find out why — most often the occupancy permit is missing.

Why the occupancy permit (iskan) matters

The iskan (yapı kullanma izin belgesi) is the municipality’s permission to use a building. It is issued when the building has been constructed according to the approved plans and regulations, including earthquake standards. Without it, the deed cannot be converted to kat mülkiyeti, water and electricity contracts cannot be signed directly, and sometimes a residence permit or citizenship application is not possible. At resale, an apartment without iskan loses value and appeal.

Other types of title deed

• Detached (müstakil) tapu — the property has one owner, or several co-owners with clearly defined shares.
• Shared (hisseli) tapu — the plot belongs to several owners without specific parts being allocated. All owners must consent to a sale, and building on such plots is harder. We advise foreign buyers to treat shared plots with caution.
• Agricultural land (tarla) — housing cannot be built on it without a change to the zoning plan.

Encumbrances: what the registry may reveal

Entries can be added to the ownership record that limit the owner’s rights:

• mortgage (ipotek) — security in favour of a bank;
• seizure (haciz) — imposed over the owner’s debts;
• injunction (tedbir) — a court order banning a sale;
• annotations (şerh) — for example, of a lease or a promise to sell;
• easements (irtifak hakkı) — third-party rights to use part of the plot.

A mortgage can be paid off on the day of the sale from the buyer’s funds — a routine procedure, but it must be written into the contract and handled through the bank.

How to check a tapu before buying

1. Ask the seller for a copy of the tapu and compare it with the documents and the actual property.
2. Obtain an up-to-date Land Registry record showing all encumbrances.
3. Find the plot on TKGM’s public “Parsel Sorgu” map using the block and parcel numbers, so you know the deed really relates to that location.
4. Check the building permit, occupancy permit and compliance with the plans at the municipality.
5. Ask for proof that there are no unpaid property taxes, utility bills or service charges.

A lawyer carries out all these checks before any deposit is paid — a standard part of our support.

How the transfer works

The registration application is filed through the Land Registry’s electronic system, and an appointment is set. On the day, the parties sign the documents in front of a registry officer and a translator, the buyer pays the registration tax, and the new owner is entered in the registry. The paper tapu is issued immediately, and the owner can also view the ownership record online via e-Devlet.

After you receive the tapu

• keep the original somewhere safe and make a translated copy;
• take out DASK insurance and transfer the utility contracts;
• register for property tax at the municipality;
• if the tapu is lost, a replacement can be issued by the Land Registry — your ownership is unaffected because it is held in the state register.

This is the third article in our buying series. If you have not read them yet, start with the step-by-step guide and the article on costs and taxes. Every property in our catalogue goes through a document check, and if you have questions about a specific apartment, get in touch.