TAPU in Turkey. Everything about Turkish Title Deed

TAPU, or a Turkish title deed, is a key document for anyone planning to purchase real estate in the country. The holder of TAPU not only confirms their rights to the property but also gains several significant benefits.

One of these benefits is the possibility of obtaining a residence permit (RP) in Turkey. This permit grants the holder the right to long-term residence in the country, access to medical and educational services, as well as a simplified process for opening bank accounts and conducting business. The RP holder can also apply for Turkish citizenship in the future.

In this article, we will thoroughly examine what TAPU is in Turkey, how to obtain and process it, and which specific documents are required for this. 

What is the TAPU (Turkish Title Deed)

TAPU in Turkey is an official certificate confirming property ownership in the country. This document certifies that a specific property — whether an apartment, house, or land plot — belongs to the owner listed on the certificate.

TAPU contains essential information about the property and its owner, including the exact location, area, type of ownership, and details about previous owners. It grants the legal right to the property and allows the owner to freely manage it: sell, inherit, lease, or gift it.

TAPU is issued on a single A4-sized sheet and follows a standard color scheme: the main part of the TAPU is white, while the border around the document is usually blue or red. Blue is used for residential properties, while red is for land plots. At the top of the document, the words “TAPU SENEDİ” are prominently displayed in Turkish, which translates to “Title Deed.”

Who Can Get a TAPU?

TAPU is required for all real estate transactions in Turkey and is necessary for both foreign and Turkish citizens. For Turkish citizens, the process of obtaining TAPU is relatively simple, with the main requirement being legal capacity (reaching adulthood, not being restricted in legal rights).

Most foreign nationals can purchase property in Turkey directly. However, specific restrictions apply to citizens of Armenia, Syria, and North Korea. Armenians must obtain prior approval from Turkish authorities to buy property. Citizens of North Korea and Syria are prohibited from purchasing property in Turkey altogether. These restrictions can be legally bypassed by arranging the transaction through a Turkish real estate company.

Foreign nationals can purchase residential and commercial properties, as well as land, but with certain limitations:

• Acquired land should not exceed 30 hectares. If the area exceeds this limit, special permission from the Council of Ministers is required.
• In certain border and military zones, the purchase of property by foreign nationals is prohibited or restricted. In such cases, prior approval from the Turkish Ministry of Defense may be required.

Foreign nationals must provide proof of financial solvency and payment of taxes related to the property purchase (such as property acquisition tax and capital gains tax).

TAPU Benefits

TAPU is the official and sole legal document, meaning that only the owner listed on the TAPU has the legal right to manage the property. This provides the property owner with legal protection under Turkish law. Additional benefits include:

• Freedom to manage the property.
• Transparency in the registration process. The process of obtaining TAPU is strictly regulated.
• Eligibility for a turkey residence permit by buying property. TAPU holders are entitled to apply for a residence permit.
• Access to financing. TAPU holders have access to more financing options compared to non-resident foreigners.

Residence Permit Based on TAPU

The TAPU-based residence permit in Turkey is a popular method for foreign nationals who own property to obtain residency in the country. As of October 16, 2023, the minimum property value required to qualify for a residence permit is $200,000.

The property used to apply for the residence permit must be residential (apartments, houses) and occupied by the applicant. Commercial properties are not eligible for this type of residence permit.

Applications are submitted through the online portal e-ikamet or directly at the local immigration office. The initial real estate residence permit in Turkey is granted for up to 2 years. To renew, the property must remain in the applicant's ownership, and the renewal application must be submitted 60 days before the current permit expires.

The TAPU-based residence permit allows legal residence in Turkey with the right to enter and exit the country without a visa, but it does not automatically grant the right to work. A separate work permit is required for employment.

Additionally, holding a Turkish TAPU enables an application for citizenship after 5 years of residence and property ownership. However, this requires an investment of at least $600,000 in real estate.

Residence Permit Cancellation

When buying property in Turkey for residency, it's important to be aware of the conditions that could lead to the cancellation of the residence permit. The most common reason for losing a residence permit is committing offenses or crimes in Turkey or providing false information or documents during the application process.

If the property on which the residence permit (RP) was granted is sold or transferred to another person, the RP may be canceled. The same applies to misuse of the property, such as renting it out instead of residing in it.

Extended absence from Turkey (usually more than 6 months in a year) can also lead to the cancellation of the property residence permit in Turkey. Government authorities monitor the time spent in the country to ensure that the property is genuinely being used for residence and not just as an investment.

Types of Title Deed in Turkey

TAPU in Turkey comes in two main types, distinguished by color and the type of property they represent: Red and Blue TAPU. The Red TAPU is used for registering ownership of completed properties such as apartments, houses, offices, or commercial spaces. It confirms that the property is finished and has all the necessary permits for occupancy.

The Blue TAPU is issued for land plots and confirms ownership of the land. This document is used when the property is not yet built or is still under construction. It's important to understand that the Blue TAPU does not grant the right to reside or conduct commercial activities until construction is completed and all necessary permits are obtained.

Turkish title deed types:

Terms related to title deed in Turkey:

• Kat Mülkiyeti refers to the ownership of individual residential or commercial units within multi-unit buildings. The Red TAPU confirms this ownership.
• Arsa means a land plot. The Blue TAPU is used to register ownership of the land.
• Kat İrtifakı denotes a temporary ownership right for a property that is still under construction. Once construction is completed and all permits are obtained, this status changes to Kat Mülkiyeti.

Documents Required to Obtain the TAPU 

Obtaining turkey residency by buying property involves securing a TAPU. The main document required for TAPU registration is an identity document. Turkish citizens must provide the original and a copy of their passport or national ID card (TC Kimlik Kartı). Foreign nationals need to present their passport with a notarized Turkish translation.

Documents for TAPU:

• Tax number (Vergi Numarası). A tax number, which can be obtained at any tax office in Turkey, is mandatory for all real estate transactions.
• Photographs. Two recent photos of the property owner (6×4 cm), taken within the last six months. One photo is attached to the TAPU.
• Property value certificate (Rayiç Bedel Belgesi). A document that confirms the official market value of the property, issued by the municipality where the property is located.
• Marriage/divorce certificate. If the property is purchased jointly by spouses or if there is separate property, copies of marriage or divorce certificates may be required. If one of the spouses is deceased, a death certificate is needed.
• Property documents. The previous TAPU (if available), documents proving ownership of the property, and the cadastral plan of the land or building.
• Earthquake insurance certificate (DASK). A document confirming mandatory earthquake insurance for buildings. This document is required for all real estate transactions involving buildings.
• Property valuation report (Ekspertiz Raporu). An appraisal report issued by a certified appraiser confirming the real value of the property. This has been mandatory for foreign nationals since 2019.

Documents for legal entities:

• Company founding documents. Copies of all founding documents of the company, including the charter, registration documents, and a trade registry extract.
• Decision to purchase property. A protocol or resolution from the company’s shareholders' meeting authorizing the purchase of the property.
• Documents confirming the representative’s authority. A power of attorney for the person who will sign documents on behalf of the company, as well as a copy of this person’s ID.

Additional documents for foreign nationals:

• Residence statement. A statement confirming the place of residence in Turkey (rental agreement or a certificate of residence registration).
• Notarized translations. All documents not originally in Turkish must be translated into Turkish and notarized.
• International certificate of marital status. A certificate confirming the marital status of the buyer (if applicable).

Special requirements for certain transactions:

• Permission to purchase in border zones. If the property is located in a border zone or near military facilities, special permission from the Turkish Ministry of Defense may be required.
• Confirmation of transaction status. In some cases, especially if the property is new, a confirmation from the developer or seller may be required to verify that construction is completed and the property is ready for occupancy.

How to Get the Tapu

Before starting the process, ensure that all necessary documents are prepared. Next, pay the required fees, with the primary one being the Property Acquisition Tax.

The next step is to submit an application for TAPU registration at the local Land Registry Office. The office will review all submitted documents and check the property for compliance with legal requirements.

Once the review is complete, both parties (buyer and seller) must personally appear, or send authorized representatives, at the Land Registry Office to sign the deed of transfer.

After the signing and registration of the transaction, the Land Registry Office issues a new TAPU in the buyer's name. This procedure typically takes from a few hours to one day if all documents are in order. However, in some cases, additional checks may be required, which could extend the processing time by several days.

In general, the issuance of TAPU usually takes 1–3 business days after submitting all documents. If additional permits are needed (such as in border zones or for foreign nationals), the process may take up to several weeks. 

Tapu Costs in Turkey

The primary expense when registering TAPU in Turkey is the property purchase tax. You may also encounter terms like transfer fee or title fee, but these are not charged separately; they are included in the property purchase tax. The tax rate is fixed at 4% of the declared cadastral value of the property. In practice, this amount can be split between the buyer and the seller, but it is most often paid entirely by the buyer.

Key expenses and fees:

• Valuation report (Ekspertiz raporu). Before obtaining TAPU, a market value assessment of the property is required. The cost of this service varies depending on the type and location of the property. For residential properties, this service can range from 5500 to 11,729 lira ($162–345), and for commercial properties, from 5983 to 19,495 lira ($176–572).
• TAPU circulating capital fee (Döner Sermaye Harcı). This is an administrative fee charged for processing documents at the Land Registry Office. It typically ranges from 5000 to 6000 lira ($147–176), depending on the location and type of property.
• Translation and notary services. If the buyer or seller does not speak Turkish, certified translation of documents is required. Translating a passport costs around 1000 lira ($30), and the services of a sworn translator are approximately 1500 lira ($45).
• Mandatory earthquake insurance (DASK): Due to Turkey’s location in a seismically active zone, this type of insurance is mandatory for all properties. The cost of DASK varies depending on the size of the property and ranges from 295 to 1145 lira ($9–34) per year.
• Utility connection. When purchasing a new property, fees for connecting electricity and water may be required, typically costing between 6000 and 7000 lira ($176–205).

Additional expenses:

• Legal services. It is advisable to hire a lawyer to ensure the transaction is legitimate. Lawyers typically charge 1% of the transaction value.
• Annual property tax. This tax varies depending on the type and location of the property and can range from 0.1% to 0.6% of the declared property value.
• Real estate agency commission. By law, this commission is 3–6% of the transaction value. It is crucial to carefully read the terms of the agreement and understand who is responsible for paying the commission. Usually, the seller pays this fee, but agencies may shift the cost to the buyer to offer more favorable conditions for sellers.