Proof of ownership: Tapu

What is a tapu?

The tapu is a proof of ownership for a real estate. This proof of ownership is made in the local tapu office.

The purchase of real estate is relatively simple and without any risk if you are familiar with the prescriptions and the law. According to the Turkish law of land registration , natural persons can acquire property in Turkey but with reservation ( forbidden territories). Real estate can only be registered by the land registration. The Turkish tapu office is comparable with the land registration in The Netherlands. The tapu office is an official agency, this means that you can only pay taxes on objects that are registered in the tapu office.

Ascription procedure

In 2005 the ascription procedure for foreigners was temporary suspended. This was due to some property speculations, which the turkish government wanted to end. At the end of 2005 a new law was effective and at the beginning of 2006 they started to register tapus again. The procedure is a little bit more complicated and therefore it also takes a bit longer to finish it. For the moment ( beginning of 2006 ) you have to count on 4-5 days.

Necessary documents

First of all some documents have to be delivered in the tapu office:

Two identity card pictures of each applicant ( who will be registered as owner ) a copy of a ( valid ) identity card of each applicant the first name of the father and mother of each applicant the tax number of each applicant ( to be applicated and obtained before )

To request a tax number you have to show an original identity card of the applicant

Ascription

After the ascription procedure is finished by the tapu office, both applicants have to sign the documents personally in the tapu office (together with the salesman)

Purchase and sale

Both buyer and salesman have to officialy ratify the buy, while presenting their identity card, recent picture and an extract from the birth register. For foreign buyers, an official interpreter is used. The buyer receives de tapu at the tapu office.

Payment

There are a few rules for the issue of real estate to foreigners. The tapu office is charged with the control on the compliance with these rules. The Tapu office does not interfere with the payment of the real estate. This means that the payment has to be done before ore during the transfer. Salesman and buyer are responsable to arrange the payment.

Inheritance

Inheritance occurs, just as in Belgium, to the heirs if there is no will that says otherwise.

To take the property in use

The tapu is the proof of registration in the land registration and also your proof of ownership. Moreover you also need an Iskan. An Iskan is an establishment document. With this document the municipality declares that you can live in your house. You also need the Iskan for the application of water and electricity. This is very important at the end of each month. Will you pay the normal amount or are you depending on the person that will make the bill for you?

If you want to buy a house for which an Iskan is not issued yet, then you have to take into account that you will have to pay the costs for the application ( between 350euro and 450 euro). Surely ask the municipality if they are willing to make an Iskan for you.

Lost your Tapu? What happens now?

Normally a tapu is an extract from the registers. The finder of your Tapu can do nothing with it. At the Tapu office you ask for a new tapu, just show them your identity card. You do have to mention the PAFTA-, ADA- and PARSEL numbers, therefore we always advice to make a copy of your Tapu. There are red as well as blue Tapus, but the colours have no special meaning.