Real estate registration in Turkey
Ownership (TAPU) is registered with the cadastral committee at the place of purchase of the property. The buyer and the seller sign an act of absence of mutual claims in the presence of a sworn translator, after which the transfer of ownership takes place. The new owner is entered into the cadastral book and a cadastral list is issued (Certificate of ownership of real estate, in Turkish – TAPU).
If in any residential complex there is no precedent for the purchase of real estate by a foreigner, then a request is made to the Military Committee for the first buyer. For all transactions of registration of property in the name of a foreign citizen in this complex, it is enough to submit an application to the local cadastral authority. The Military Committee confirms that the site is not strategically important.
Answers to questions: What is TAPU and restrictions for foreigners when buying real estate:
1) The property can be registered up to 30 hectares of land.
2) Foreign citizens cannot register ownership and rent real estate located in the territory under military or state protection.
3) Land plots without buildings, as well as plots located in rural areas, may belong to foreigners. But when registering property, such as land, it is necessary to submit a construction project within two years to the responsible state body (Ministry of Tourism, Agriculture, etc.) within two years.
4) TAPU – Cadastral list or Certificate of ownership of real estate, issued on the basis of entries in the cadastral register of Turkey.
5) In Turkey, the owner of an apartment is a natural or legal person who is directly registered in the TAPU.
6) Children under 18 years old can also be registered in TAPU.
7) In Turkey, part of the land on which the house is located is transferred, together with the apartment / villa, to the full ownership of the owner.
8) Several people can be entered in the TAPU, who will own equal or different shares, these can be both relatives and strangers. Each of the owners registered in the TAPU has the right to resell his share to a third party at any time.
9) The area of the apartment is not registered in TAPU, only the land plot.
10) The exact address of the apartment / villa is not registered in the TAPU. Instead, the cadastral number of the parcel is indicated.
11) The TAPU prescribes the value of real estate, which cannot be lower than the minimum value declared by the local municipality, but may be lower than the real market value. Usually, the cost is understated to reduce the amount of sales tax.
In case of loss of the cadastral sheet (TAPU), it can be restored within a day.
Required documents for submission to the Cadastral Committee:
a) TAPU real estate, which will be registered in the ownership of the new owner. In the absence of TAPU, the exact data of the object (name of the area / district, cadastral numbers (parcel), etc.).
b) Passport, passport translation
c) A document from the local municipality where the minimum declared value of the property is registered
d) For buildings (apartment, villa, commercial property) earthquake insurance -DASK
e) 1 photo of the seller, 2 photos of the buyer. Photos must have been taken within the last 6 months, size 3×4
f) Translator and two witnesses for buyers, non-Turkish speakers
g) When re-registering property by means of a power of attorney drawn up abroad, it is imperative to provide its translation and the original, or a copy certified by a notary.
A power of attorney obtained abroad must be either:
– Drafted and certified by the Turkish Embassy or Consulate
– The power of attorney must be apostilled
Expenses related to registration of TAPU:
– Sales tax. 4% of the amount prescribed in the TAPU (real estate value)
– Collection of the local cadastral committee
– Stationery fees of the cadastral committee
– Translation services.
The best way is to draw up a will with a Turkish notary, which will ease the formalities and speed up the transfer of ownership to your heirs.
If the will has not been drawn up (in the Russian Federation or in Turkey), then the issue of inheritance will be decided through a court under Turkish law. THE GOVERNMENT DOES NOT RESERVE THE RIGHT TO WITHDRAW THE PROPERTY OF A FOREIGN PERSON. According to Turkish law, the spouse inherits half of the property, the second part is divided between the children in equal shares. In the absence of children / spouses, the parents enter the inheritance, etc.