Property title in Turkey

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Property title in Turkey

Turkey is a beautiful tourist country of the first class with a high level in the fields of commerce and urbanization. Therefore, many foreign investors are interested in making a successful investment and also for those who wish to live in Turkey, a country that is very suitable for housing because the services are of a high standard and everything that the resident needs is available

Hence the questions of foreign investors about ownership procedures in Turkey and how the title deed is granted. And what are the types of support of the Melkia? Is the commercial title of housing or residential housing suitable for trade?

In today's article, we will talk in detail about the title and the most important questions related to it, based on several reliable Turkish sources

Definition of property title (TAPU SENEDI)

Is a document dedicated to a specific property proving the reference property of this property to a specific person and includes the basic information about this property describe it fully in terms of location and record in the Directorate responsible for real estate records

 

The property title indicates that the only person to receive it is the owner of the property itself and does not give title to the property owners of the property such as tenants or in the event of the property under the mortgage does not give the owner of the mortgage title of the property, even in the case of the involvement of several people ownership of a particular property is Grant them one Malika bond in which the distribution of shares among the partners is explained

Or each of the partners may be granted title to the same property, provided that the share of this partner is recorded on its bond

Fractions are often used to determine quotas in the case of multiple partners, for example

2/1 means that this partner owns half of the property

5/1 means that this partner owns 20% of the property

If only one person's name is mentioned in this property, the property is owned by one person

 

Notes on definition

 

In the case of partnership, all partners share in the whole property (each according to his share) and cannot be divided into separate parts and each partner owns a part thereof, for example if we had 3 partners in a 3 room house this does not mean that each of them has a room of this But each one of them has a section of ownership of the house as a whole

When a full building is constructed, it is initially the property title of the owner of this building. When apartments are sold from this building, each apartment has its own title deed

What types of title deeds?

There are many types of title deeds vary depending on the type of property and its construction

Building support

In this type of real estate bonds are granted the bond of construction or construction as a whole without being divided into sections and thus include the bond general property information such as space and location without detail sections and parts in it, for example, independent houses or industrial facilities and warehouses in addition to buildings

Land for Reconstruction

Ownership information is recorded including that this property is suitable for construction and therefore can obtain a reconstruction license

Support for arable land

The title of this property is not a reality within the urban plan that the municipality organizes for this area or it may be located in areas designated for agriculture or gardens.

Even if there is no problem with the urban plan, the building permit is granted only after sending specialized teams to study the land of the real estate and make sure that it is suitable for construction. If it is suitable, it is given from the previous bond (the land suitable for reconstruction) and if it is not suitable, Bonds

Real Estate Bonds

In this type of bond, the ownership of the property is divided into several sections as it is supposed to be constructed regardless of the start of the project or not

For example, this bond is taken to land suitable for construction and divided into apartments within the building to be established, but this bond is exchanged to the title of the basic property after the completion of the project and taking the necessary approvals from the Housing Department

Title Ownership

Usually in Turkey when the contractor constructs a specific building that has partners in this undertaking in order to cooperate in order to complete this construction properly and often the share of each floor contractor (or several floors) of the building and therefore here the contractor is given this type of title deed to guarantee his right On the floor that is his share and also the subordinated title deeds are submitted to the legal authorities to prove that this building is being built quite legally

The bond of the temporal eccentricity

As stated in the previous step that the contractor is often responsible for one or several floors in the building and therefore to obtain the funding necessary to complete the project is issuing a temporary ownership record in which the title deed title as an easement and not full ownership and benefit this bond to guarantee the property rights of this contractor even Completion of construction of the project When the project is completed, it will be transferred to the full title deed that we have talked about in the definition of title deed at the top

The contractor also takes advantage of this type of bond to present the real estate scheme that he creates on the customers. As we know that the projects start with the sale offers at discounted prices since the inception of the establishment and therefore there is nothing on the ground to prove to the customer ownership of the contractor for this property, but this bond of escrow These escrow bonds were not mandatory until a law was passed in 2007 obliging the contractors to issue these temporary bonds during the construction process and then to convert them into full title deeds upon completion of the project

Full title deed

From this name we can understand this bond as it is granted to the properties that were created fully after the division and are now ready for sale directly and this is the title of the property obtained by the investor when buying a property ready for housing or work ..

In this type of bond, more detailed information such as apartment number and specifications, as well as its location in the building and its share of the total land of the project is also specified. It is also mentioned that the land of this bond is a colonial land

Here, you must pay attention to the receipt of the title to identify the previous detailed information to be identical with the ground in addition to the type of bond in the block of the Tabo Is it a full ownership or is the default or any other type of bonds that we mentioned above

This type of bond, which includes all the detailed information about the apartment and any floor and its area and division is a legal basis that you can rely on to ensure that your purchase is fully valid and legal

One thing remains the housing approval to make sure that the property meets the standards and standard conditions approved by the municipality

 

What is Housing Approval?

Each municipality has standard conditions and standards that must be met in the buildings. Otherwise, these buildings are considered to be in violation of the conditions and are not granted housing approval. For example, there is a ladder for emergency and fire, and the building must be protected from earthquakes. Out

It is worth mentioning that the task of obtaining this approval lies with the contractor or the construction company and after obtaining it, the default title of the buyers is converted into full title deeds

 

Participatory temporary title deeds

This type of title deed is of a participatory type. A number of persons share ownership of the real estate owned by the owner. This title differs from the ownership bond as temporary, meaning that the property rights are transferred to that person within a specified period of the year, a week or a month or any period agreed upon

This is often used in holiday homes and any partner can sell or rent his share whenever he wishes

 

 

 

 

 

Commercial Land Registry

This type of record is obtained for commercial real estate in all its forms from offices, companies, shops, stores, small and large shops and all that can be considered for commercial purposes such as commercial use

It is therefore important to write the purpose of using the property within the land registry, especially if it is for commercial purposes

Therefore, when you want to buy a property, you must pay attention to the type of land registry registered in it. Sometimes a deed of title may be registered as a commercial and it is sold on the basis that it is a residential and not a commercial record and therefore there will be problems when paying taxes and fees because they differ between residential and commercial property deeds. These cases review the municipality and modify the type of title deed from commercial to residential

Even if you are a registered user and it is used commercially, other problems will arise when financial officers conduct statements about your business

There are some types of real estate suitable for housing and work at the same time, but the municipality should be informed of what has been used commercial purpose to be sent to the financial staff and take the necessary action

For the commercial property register, detailed information about the owner's name and the real estate area in detail, as well as the location and address of the property, as well as the details of the partners' shares in the case of the partnership and their shares,

 

Is it easy to convert a commercial property into a residential property in Turkey?

Sometimes, in some cases, commercial real estate registries are forced to convert them into residential records after purchase. This is relatively easy, but it takes a short period of time to complete it. In addition,

This process requires a short period of time because the landlord has to obtain the consent of each of the property owners within the commercial register to be converted into a residential record

As for the legal procedures it does not take long time and the papers required for this process are the following:

Property title for the building to be converted from a commercial register to a residential record

Copy of the identity of the owner of the property

Personal photographs of the property owner or the taxpayer on his behalf in a formal legal manner

Obtaining the necessary written permits: the municipality + the state within which the property is located

 

 

 

important note :

In the title deed, it is not indicated whether the property is under seizure, foreclosure or confiscation for one reason or another. Therefore, before you buy your property, you must check with the relevant department in the Land Registry to make sure the property is safe from any problems. A consulting firm with long experience in the real estate field to do the job for you

 

A second important note:

These procedures are based on the real estate register of the property to be bought or sold. Here we point out the importance of the previous observation, namely, to ensure the safety of the land registry and free of any problem before paying the price of the property you want to buy. This is because the verification of the integrity of the land registry is not done at the notary public, and from this the owner of the property may be able to sell several persons the same land registry (in case they did not verify the validity of the register)

Because the land registry is the document recognized by the state, but the title deed is a document stating that the owner of the property only to prove ownership of the property (even if the title is lost there is no problem because it can be acted only by the owner registered in his name the bond

 

 

What are the facilitation measures undertaken by the Turkish government in the field of real estate registries?

It is no secret that one of us is active in the real estate sector in Turkey, especially in recent years, which witnessed dozens of new projects in Turkey in addition to the clear tendency to transfer the ownership of existing properties, both internally and externally. According to last year's statistics, 2017, On more than half a million real estate records in the first half of the year in all parts of Turkey, a large number

Hence, the importance of facilitating the procedures for transfer of ownership suffered by foreign investors has become very important in the taboos. Therefore, the Turkish government has made several electronic updates and cooperative agreements to relieve pressure in the taboos and enable investors to carry out the procedures of making sure of the commercial registration in a fast and secure manner

For example, the Turkish government has established an agreement with the Turkish Agriculture Bank, which enables the latter in all its branches to make the necessary property and property registration procedures to facilitate the transfer procedures

Also, the coordination between the bank and the Directorate of Public Real Estate Records has become through the Internet. Consequently, there is no longer a need to start treatment in the Directorate and then to pay the money in the bank and return to the Directorate in order to treat the real estate seizure, which ensures transfer of ownership of this property to the new owner

 

 

 

What are the stages of obtaining a taboo in Turkey?

 

Are simple and easy steps in case of your commitment to secure the required documents correctly and fully

The required documents were discussed at the top: personal identity of the owner or his official agent as well as a personal photograph of the seller and two personal details of the buyer

Are delivered to the Department of Real Estate Records in addition to some other documents required:

The insurance policy of earthquakes and disasters can be obtained from insurance companies

The document of the land registry belonging to the property, which is insured by the seller and verify the buyer's validity as we mentioned

A document is called a common allowance and is obtained from the municipality that owns the property

In the event that a loan is borrowed from the bank to buy the property, not to provide documents to indicate it

We note the importance of providing these documents in full and correct, otherwise the violators may be subject to taxes up to 25% of the total value of the tax

 

 

How long is it necessary to complete the transfer of ownership deeds?

The simple client consists of five steps we will remember now and may take no more than one day

The presence of the buyer and his presence in Turkey to sign the contract and of course can be represented by any agent with an official document authenticated by the Turkish Consulate (in the case of the agent is from outside Turkey) or through its ratification at the Turkish Notre (in the case of this agent within Turkey)

Obtaining a tax number (vergi Numara) is obtained from the tax department of the state where the purchase of a property and obtaining the tax number is an easy process that does not take more than a quarter of an hour and requires only travel visas. The purpose is to facilitate official transactions in the Turkish State for foreigners

Opening a bank account in a local Turkish bank to transfer money from abroad to an easy process that does not take more than an hour

Translate your passport into Turkish and authenticate it from Notar and it is a simple cost not exceeding $ 25

After the preparation of these papers are addressed to the Office of Land Registry Tabu to the seller to give up the ownership of the property in favour of the buyer and receive the title deed and property key, a simple process does not take more than one hour and fees of approximately $ 50

+ If the property purchased by the buyer under construction is not received the title of the property only when the completion of the construction of the property and even the same for the purchase installment

+ After the purchaser obtains the title deed, he can obtain a residence called a real estate residence granted to him by the Turkish Ministry of the Interior for a period of one to three years. It is granted to foreign investors only with their family members. Otherwise, they can obtain tourist accommodation before the expiry of the visa period they have received to visit Turkey

 

Finally, what are the fees for the land registry (taboo costs)

This is an important point and should not be underestimated because the land registry fees are not very few, it is 4% of the value of the property paid by the buyer and the seller at least 50 times, but often the seller to pay the buyer the full cost and therefore pay the buyer 4% of the value of the property if we have a property of 100 Thousand dollars, this tax alone is 4 thousand dollars

The broker's fee is also to be completed in order to complete the sale. In this case, it is necessary to clarify the percentage of the broker that will be obtained in case of successful completion of the transaction (this ratio is often taken from the seller and not the buyer).

Final Note: If you want to sell the property you own five years before you get the title, you have to pay the profit tax on the property and it changes from 15% to 35% of the net profit that the seller received. This is for individuals. The tax is 20% and the exemption is exempted from this tax if the investor keeps his estate for five years without selling it.

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