|Date:||Tuesday, September 7, 2021|
When making the decision to buy a property in Turkey, the investor must study everything related to the real estate market.
The title deed of the property, its types and all necessary legal information
When deciding to buy a property in Turkey, the investor must study everything related to the real estate market in Turkey. One of the most important points that should be focused on well is to know the title deed and its types.
What is the (Tabu) title deed?
(Tabu) “title deed”: is the document that regulates a specific property, and proves the ownership of the property by the person mentioned in the document, and includes information about the property, and the real estate survey numbers, and specifies the location of the property, and this document is regulated by the Real Estate Registry Directorate of the Ministry of Environment And the Turkish cities, known in some countries as the real estate month.
There are several types of title deeds in Turkey:
First, the real estate easement deed “Kat Irtifaki”:
It is an incomplete title deed and is considered the first stage that must be carried out before obtaining the full title deed. The Arab buyer or investor obtains this title if the property has not yet been completed (under construction) and has not been formally delivered to the buyer. But the property must be registered in the records of the real estate department, and its location and the number of each section of it and the original owner of the property are mentioned.
And here in the event that the construction of the building is completed and it obtains housing approval from the municipality, the easement deed turns into a full title deed.
The easement deed is one of the common types of title deeds used by Arab real estate investors in Turkey.
As the purchase of real estate in its early stages of construction guarantees them the maximum possible profit in the property,
Because there is a regular increase in selling prices that occurs from the beginning of the first phase of any real estate project in Turkey until the completion of its construction.
Second, the full title deed “Kat Mulkiyefi”:
They are documents that record the ownership of real estate after the final completion of its establishment and designate the independent sections in them with obtaining approval to use each section separately. A full title deed of its own is organized for each section that proves the ownership of the owner of the bond over the independent section in the mentioned building.
Title deeds and easement bonds differ from agricultural land titles and land suitable for construction in terms of the information contained therein. These bonds contain the number of the apartment or independent section, its location in the building and its share of the land on which the building is built, and in the absence of such information in this title deed. It means that the property in question has not yet obtained the full ownership right or the right of real estate easement, but if the number of the independent section, its location, its share of the land and other information related to it, and its gender as construction land, this means that the property has obtained an easement right, and in the case of mentioning the gender The property is considered a building, villa or apartment. This means that the property in question has acquired the right of full ownership, as this is known by indicating in the tabu type full ownership, real estate easement, or transitional ownership.
Third, the transitional title deeds (participation bond):
It is a type of real estate title deed that proves the buyer's ownership of the property.
We do not recommend it to the Arab investor, because in most cases, the transitional title deeds (participation bonds) are for old buildings that were built before 1999, Most of these buildings were damaged by the 1999 earthquake and are subject to compulsory restoration works imposed on them by the Turkish government to strengthen the foundations and columns with them. We do not advise Arab investors to go for this type of building, As for the new buildings built after 1999, participation bonds are not used as a purchase system.
In general, the participation bond is:
A deed that belongs to real estate that is jointly owned by more than one person, and each person has a certain share fixed in the deed. Only one deed may be given showing the share of each joint buyer in the ownership of the property. It is also possible for each buyer to give his own bond and write in the owner field the name of the owner of the bond with his share of the property. Which proves the existence of partners in the property, Transitional titles are common in holiday real estate. The owner enjoys all the legal rights of sale, lease and assignment in the part allocated to him in the building.
Land Registry Fees - Tapu Fees in Turkey
The real estate registry fee (Tabu) is one of the important items that must be taken into account before buying a property, because it is not a small payment, as it amounts to 2% of the property price, imposed by the state on both the seller and the buyer.
Although there is no clear and explicit text in this context, fees are usually charged to the buying party, that is, the buyer pays 4 percent of the total value of the property as a fee for the real estate registry, for example: if the price of the property is 200 thousand Turkish liras, The value of the title deed fee will be 8 thousand Turkish liras!
Therefore, it is necessary to take this amount into consideration, and to agree in advance between the two parties, on the method of payment clearly between the seller and the buyer.
In the event that there is an intermediary between the seller and the buyer, the commission that the intermediary will receive, in addition to the expenses incurred when paying the property sale fees, must be determined.
Important legal information regarding Tapu in Turkey
- To find out if the property is subject to restrictions such as seizure, mortgage, confiscation or the like, you must review the Real Estate Registry Department and inquire there, as this is not indicated in the title deed (Tabu).
- The real estate document is based on the registration issued by the real estate registry. If the real estate registry or the electronic real estate survey system does not contain this registration, the real estate document has no value, even if it is certified and signed. Every real estate document that is not registered in the real estate registry is not recognized and its transaction is not recorded. Therefore, caution should be taken in this matter, and not to make the mistake of buying a property in Turkey without examining the validity or invalidity of the bond, hence the importance of the real estate consultancy service in Turkey.
- It is common that the sales and purchase contracts that are made in the notary’s departments depend on the real estate title, so it is necessary to ensure the validity of the bond in the documents. The real estate document must be signed before signing the contract and paying the price of the property, because concluding the contract in the notary department does not prove the validity of the real estate document, so the contract is not valid and does not prove any right of the buyer in the property in question, the said document may be forged and illegal or an original document, but the owner of the property has He sold the property to several people before that, because the seller is not obligated to give the old deed to the title deed department after selling the property, and the loss of the real estate deed has no significant risk as no one who finds it can dispose of the property.
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