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2019-06-24

The types and content of Title deed of real estate in Turkey (Tabu)

The Directorate of Real Estate Registry (Tabu) is the authority responsible for documenting and registering real estate of all kinds in all the territory of the Republic of Turkey, This Directorate records records for each property the country. This record includes information about the location of the property, its boundaries, its area, the description of the property in detail, In addition to the name of the owner of the property and All rights related to this it (mortgage, utilization and other real estate rights).

The owner of the property is entitled to obtain a document attesting to his ownership of this property, which is the legal document proving his right in this property. This document in Turkey is called "Tapu senedi".
This document has several different types, and these types vary in their power as a legal guarantee by the owner of the property. Therefore, those wishing to invest in real estate in Turkey should be aware of the types of the Tapu.

In the beginning, it is necessary to distinguish one of these title deeds or so-called agricultural tabu. This title deed is characterized by its blue color. It is therefore called "blue tabu". It is the title deed for real estate that did not fall under the urban planning scheme (called agricultural land). While the title deeds of real estate within the regulatory area of all types (apartment, villa, shop, land intended for construction) have a red color.

Here are different types of title deed :

1- freehold property title deed "Kat Mülkiyeti":
legally It is considered the strongest type of title deeds, and it Regards to Fully built properties, which each owner have been assigned in a specific part of it, and the property has met all the licenses and conditions required.

2- construction servitude title deed  "Kat irtifakı":
Is the title deed of properties that has not been built on, or that the construction works started but not yet finished. Often the real estate developer or contractor to extract this type of Tabu, and intended to determine the rights of owners in the property, but without the allocation of any of them a specific section of this property.
The construction servitude condition of the property continues throughout the construction period until the housing permit is issued. The law requires the transfer of ownership from the construction servitude of property to full ownership.
(The housing permit) is the approval issued by the concerned municipality in which the real estate is located for the buildings that are constructed according to specified criteria, proving that the building has been constructed as stated in the approved construction project.
The standards imposed by the State or its competent authorities in order to obtain housing permit, such as the presence of fire and emergency stairs, the construction must be earthquake-proof, and contain sufficient fire extinguishers in the building and other necessary supplies.
The contractor or construction company must obtain the housing permit, and must convert all buyers' construction servitude titles "Kat irtifakı" into full property title deeds "Kat Mülkiyeti" after obtaining the housing permit. It is very important to obtain the housing permit in order to guarantee the right of the owners in the building.

3- joint-owned property title deed "Hisseli Tapu":
Means the title deed of the property owned by more than one person at a time, where the proportion of each partner mentioned in front of his name in the title deed, It should be noted that this title deed is granted only once to one of the owners and the percentage of each owner is recorded in it.

What information is contained in the title deed ?
The Tabu consists of several boxes containing detailed information as follow:
1- province "ili"
2- district  "ilçe"
3- neighborhood "Mahallesi"
4- block "Ada"
5- parcel "parsel"
6- Floor "Kat"
7- building number "building"
8-  single space number "Bağımsız Blm No"

Note: Do not mention on the Tabu document any problems that may occur in the property (mortgage or heirs or so) so make sure to check The Directorate of Real Estate Registry before making the purchase and not just rely on the title deed.
In case you have any other questions about title deeds in turkey , please contact us.


 

Read Also : 

• 10 points you have to read well before singing a property sales contract in Turkey

• Can foreigners buy a property in Turkey ?

• How to buy a property in Turkey in 10 steps ? 

• Turkish citizenship by buying a property .. conditions and documents required 

• Property taxes in Turkey

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