In Turkey, signing a sale agreement does not transfer ownership. Real property ownership passes only at the moment the land registry office (tapu müdürlüğü) completes the formal registration. Understanding what the process requires — and where it can go wrong — is essential for both buyers and sellers.
Required Documents
From the seller:
- Valid identity document (national ID or passport)
- Most recent property tax declaration or receipt
- Energy performance certificate (for apartments and houses)
From the buyer:
- Valid identity document
- DASK (mandatory earthquake insurance) policy — required for apartments before registration
For both: the parties declare the sale value; the land registry holds the official title record, so the original deed need not be produced.
For transactions involving foreign nationals: apostille-certified documents with notarised Turkish translation are required.
The Process Step by Step
1. Pre-Transfer Registry Search
Before any money changes hands, the buyer should verify the land registry record. Check for:
- Mortgages, seizures, court injunctions, or any other encumbrances
- Zoning status and building permits
- Condominium ownership / floor easement status and any associated service charge arrears
- Any family dwelling annotations (aile konutu şerhi) that may limit the seller’s right to act alone
This can be done via e-government (kendi tapu sorgusu) or at the land registry.
2. Appointment and Application
Appointments are made through the ALO 181 line or the e-appointment system. Both parties must attend, or either may send an authorised representative under a notarised power of attorney.
3. Costs and Taxes
Before registration:
- Title deed fee (tapu harcı): calculated as a percentage of the declared sale price, paid equally by buyer and seller
- Revolving fund fee: a fixed administrative charge
- Capital gains tax: where the seller held the property for less than a specified period, a gain may be taxable
- VAT: applies to certain commercial property sales; the rate varies by property type
Declaring below-market value to reduce fees carries the risk of tax authority reassessment and penalties.
4. Signing and Registration
The parties sign the official deed before the land registry officer. Title passes at the moment of registration — not at the moment of signing a private contract or paying a deposit.
Common Risks
- Undisclosed encumbrances: mortgages or seizures not visible from an outdated registry search
- Third-party rights: tenancy agreements, pre-emption rights, or annotations that survive the transfer
- Power of attorney fraud: where a seller acts via a POA, verify it is current, correctly scoped, and genuine
- Under-declared value: tax exposure for both parties
Frequently Asked Questions
Must both parties attend the land registry office in person? No. Either party may be represented by a person holding a notarised power of attorney that expressly covers land registry transfers. A general POA may not be sufficient.
Who pays the title deed fee — buyer or seller? By statute, the fee is split equally. Parties frequently agree privately that one will bear the full cost, but this arrangement does not affect their liability to the state.
The property has a mortgage. Can it still be transferred? Yes, but the buyer acquires the mortgage with the property. In practice, buyers typically insist the mortgage is discharged before or simultaneously with the transfer — from the proceeds of the sale if necessary. Any arrangement must be documented in writing.
Can I query the land registry record of a property I do not own? Detailed encumbrance information for a third party’s property requires a formal inquiry at the land registry office. Your own properties can be searched via e-government.