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Property Law in Turkey
The Turkish tapu (title deed) is the foundation of property ownership. A complete education guide for foreign buyers: what it is, what its types mean, how to read it, what to check, and how to spot dangerous annotations before it's too late.
Quick Answer
The tapu (tapu senedi) is Turkey's official property title deed, issued by the Tapu ve Kadastro Directorate. For apartment buyers, kat mülkiyeti is the most secure type — it confirms a completed, legally-permitted building. Kat irtifakı is a construction-phase title — safe only if the building will receive iskan (habitation certificate). Always check for encumbrances (ipotek, haciz) and dangerous annotations before purchase.
The title type for individual apartment units in a completed, legally registered building. Requires the building to have its habitation certificate (iskan belgesi). Confirms the unit is legally separate, the building meets planning requirements, and you own a defined share of the common land. This is the target title type for apartment buyers.
Issued during construction, before iskan is granted. Defines the future unit's position and share in the building under construction. Safe if the developer has a valid building permit and the project will complete. Risk: if iskan is never issued, the title cannot be upgraded to kat mülkiyeti. Many older Turkish buildings remain stuck in kat irtifakı.
A title deed for undeveloped land or a parcel. No building rights unless imar status confirms development is permitted. May include a share of common land in a development (arsa payı) which underpins condominium units in the same complex.
A standalone title deed for a house or villa on its own land plot. The owner holds both the building and the land beneath it. More straightforward ownership structure than condominium. Common for detached houses and larger villas.
Time-limited ownership of a property — typically a holiday apartment — for specific weeks per year. Rarely worth purchasing as an investment. Very difficult to resell. Not recommended for foreign buyers seeking income-generating assets.
| Annotation (Şerh) | Meaning | Impact on Purchase | Severity |
|---|---|---|---|
| İpotek | Mortgage — property pledged as loan security | Must be discharged before clean transfer. Seller must pay off the mortgage from sale proceeds. | Manageable |
| Haciz | Court-ordered seizure (debt enforcement) | Transfer may be legally blocked. Must be resolved through court. Can take months. | Serious |
| Tedbir | Court injunction | Prevents any transfer until court proceedings resolve. Unknown timeline. | Serious |
| Önalım / Şufa hakkı | Pre-emption / right of first refusal | Other owners may be entitled to purchase at the same price before you. Must be waived. | Moderate |
| Taşınmaz satış vaadi | Registered sales promise to a third party | A prior buyer may have rights to the property. Requires legal resolution. | Serious |
| Kira şerhi | Registered tenancy annotation | Property has a long-term tenant whose rights survive a sale. You buy subject to the tenancy. | Moderate |
| İrtifak hakkı | Easement (right of way, etc.) | Another party has a defined right to use part of the property. May affect use and value. | Depends on type |
| Factor | Kat Mülkiyeti | Kat İrtifakı |
|---|---|---|
| Building completion status | Building fully completed | Under construction or pre-completion |
| Habitation certificate (iskan) | Issued — building is legal | Not yet issued |
| Address registration (e-Devlet) | Full address registration possible | May be restricted until iskan issued |
| Mortgage eligibility | Most banks accept | Some banks accept; conditions may apply |
| Risk of title being "stuck" | None — already at final stage | Risk if iskan cannot be obtained |
| Recommended for buyers? | Yes — preferred title type | Acceptable for new builds; verify developer track record |
Putting your tapu knowledge to work
Understanding your tapu type is the foundation — but you also need to verify it's clean. A Turkish property lawyer conducts a formal encumbrance search to confirm no mortgages or court seizures exist. The full title deed transfer process explains what happens at the land registry on completion day.
What is a tapu in Turkey?
A tapu (formally tapu senedi) is the official Turkish title deed — the legal document proving ownership of a property or land. It is issued and managed by the Tapu ve Kadastro Genel Müdürlüğü (TKGM — Land Registry and Cadastre Directorate). The tapu contains the owner's name, the property's legal description, parcel number (ada/parsel), floor and unit number, share of the building (if applicable), and the type of ownership. Holding the tapu is the definitive proof of property ownership in Turkey.
What is the difference between a blue tapu and a red tapu?
The historical distinction: the "blue tapu" (mavi tapu) referred to older tapu documents issued for land (arazi/arsa), while the "red tapu" (kırmızı tapu) referred to units within a building (kat mülkiyeti — condominium ownership). This colour distinction relates to older paper-based tapu formats. Since the transition to digital e-tapu and standardised green-and-white documents, the colour distinction has become less meaningful, but the underlying legal distinction — land title vs condominium unit title — remains critically important for buyers.
What is kat mülkiyeti and why does it matter?
Kat mülkiyeti (condominium ownership) is the title deed type for an individual unit within a multi-floor building. It confirms: (1) the specific unit has been legally defined and separated from others in the building, (2) the building has received its habitation certificate (iskan belgesi), and (3) the unit carries a defined share of the total building. This is the most secure title type for apartment buyers. Kat irtifakı (construction servitude) is an earlier stage — it exists before the building is completed and iskan is issued, and indicates the unit is legally defined but the building may not yet be fully permitted.
What is kat irtifakı and what are the risks?
Kat irtifakı (construction servitude) is a tapu type issued during construction, before the building has its habitation certificate (iskan). It confirms the legal definition of individual units but does not confirm the building is complete or legally compliant. The risk: if the building never receives iskan (due to permit violations or construction issues), the kat irtifakı cannot be upgraded to kat mülkiyeti. Some buildings in Turkey have been stuck in kat irtifakı for years or decades. This affects mortgage eligibility, resale ability, and your right to register at the address officially.
How do I read a Turkish tapu document?
Key fields on a Turkish tapu: İl/İlçe/Köy-Mahalle (Province/District/Neighbourhood), Ada (block number), Parsel (parcel number), Niteliği (property nature — e.g., apartment, land), Yüzölçümü (area in m²), Kat/Bağımsız Bölüm No (floor/unit number), Arsa Payı (share of land/building), Cins (type), Edinme Sebebi (transfer reason — e.g., satış = sale), Tescil Tarihi (registration date), and the owner's name and ID number. The tapu's parcel reference matches the cadastral maps held by TKGM.
Can I check a property's tapu status online in Turkey?
Yes. Turkey's TKGM has the e-tapu system (e.tkgm.gov.tr) and Parsel Sorgu (parselsorgu.tkgm.gov.tr) for checking basic cadastral information about any parcel. You can look up the current registered owner, encumbrances, and basic property details using the parcel reference (ada/parsel numarası) or address. For a full legal title search including all encumbrances, mortgages, and annotations, your lawyer must obtain a formal tapu kaydı certificate from the land registry.
What annotations (şerh) on a tapu should concern a buyer?
Concerning annotations on a tapu: (1) İpotek — mortgage. The property is security for a loan. Must be discharged before clean transfer. (2) Haciz — court seizure order. Property is subject to a debt enforcement action. Transfer may be blocked. (3) Tedbir — court injunction. Prevents transfer until legal proceedings are resolved. (4) Önalım hakkı — pre-emption right. Another party (often other building owners) has a right of first refusal. (5) Şufa hakkı — similar right. (6) Taşınmaz satış vaadi — a prior sales promise registered against the property. All annotations should be reviewed and understood before purchase.
What is the e-tapu system in Turkey?
The e-tapu (elektronik tapu) system is Turkey's digital land registry platform, managed by TKGM. It allows: online appointment booking for title deed transfers, digital verification of property records, electronic processing of certain title transactions, and digital tapu certificates. Foreign buyers can use e-tapu services but typically still require in-person attendance at the land registry for the final transfer signing. The system has significantly modernised the previously paper-intensive Turkish land registration process.