So you've decided to buy a property in Turkey. You've heard that it is a very easy and fast process. It is true. But for those who'd like to go deeper into the details, I wrote this article.
How is Title Deed (TAPU) Transfer Processed?
The deed transfer procedures are made at the land registry offices (TAPU office). Your agent will prepare all necessary documents, apply to the registry office and arrange the payment of all fees related to the deed transfer. The TAPU officers will check all the documents and if everything is OK they will send you an approval and appointment time via SMS.
On the appointment day, the buyer and the seller shall go to the land registry office and perform the title deed transfer.
Title deed transfer transactions fees.
In the title deed transfer process, the seller and the buyer are obliged to pay 2% of the declared sale price of the immovable as title deed fee separately.
For example, for the title deed with declared fee of a 1,000,000 TL the tax will be 20,000 TL for both the buyer and 20.000 TL for the seller, that makes total payment of 40,000 TL.
Although there will be an additional service fee (it's vary on a provincial basis) it has been declared as 232 TL for the year 2022. But in fact, last time in Serik we've paid about 570 TL for title deed transfer service.
Documents Required for Deed Transfer Transactions.
It is important to prepare all the necessary documents right in order to transfer the title deed. Or else the deal won't happen.
So here is the list:
● Identity documents of the seller and the buyer or their authorized representatives.
Important note 1: driver's license, officer card, etc. IDs are not sufficient for title deeds.
Important note 2: Foreign nationals can perform the title deed transactions with a passport and it's translation to Turkish made by the sworn translator at notary.
If you can't be present on the deal you have to issue a power of attorney. The power of attorney must be given by the notary. There are some technical details that you need to know if you will do it without coming to Turkey (long story).
● Compulsory Earthquake Insurance (DASK)
After the 1999 Gölcük earthquake it is obligatory for all residences to have a DASK earthquake insurance policy. It is not possible to buy/sell property without DASK policy as well as subscribe to water, gas and electricity services.
● Property tax certificate (rayiç bedeli)
In this document obtained from the municipality to which the immovable is affiliated. It shows the current market real estate value of the immovable. You can not declare the selling price less than it's written on that document. The document must be up-to-date yearly.
● 2 passport-size photos of the buyer (Must be taken within the last 6 months.) But in fact, I never saw any photos on the new title deeds.
Extra papers: For the foreign buyers it requested to have a certificate from the Turkish bank where it is written that he/she made a purchase Turkish Liras in equivalent of declared purchase/selling price of the property. And, yes, unfortunately it will be an extra cost for you.
What's happening in TAPU office?
The seller and the buyer are coming to the TAPU office. Actually, after the deal is approved you can come any time. Then the officer who proceed your deal ask you to come in the room where it shall be explained what is the subject of the deal: the property is ....., located ......, if there are any credits/loans/mortgages or any other conditions on the house or all the papers are clean.
If the buyer agrees to all the conditions, and the seller declares that he has received the money, then the transaction is considered sealed. In 5-15 minutes the buyer gets his new title deed papers (TAPU).
What can go wrong with the TAPU transfer?
The power of attorney shall be arranged according Turkish standards. Or else the deal will not happen.
The signatures on the purchase documents and on the sales documents must be the same. Recently, one deal was postponed because the sellers did not use their middle name on the purchase signatures, but they did use their middle name on the signatures on the power of attorney for the sale.