: 2018-02-20 Modified date : 2019-06-06
With the increasing interest in property ownership in Turkey, investors and property owners in Turkey have raised questions about the "Tabu" title deed...
What are the types of title deeds in Turkey? What is the meaning of property easement? What does the agricultural title deed mean? Can more than one owner share a common title deed? What are the procedures and costs of the property deed in Turkey? How is the Commercial Land Registry converted to residential and vice versa?
Imtilak Real Estate prepared this study by several official and competent Turkish sources, in which it answered all the inquiries about the title deed and its procedures.
Title deed (Tabu)
The document that regulates a particular property, verifies the property ownership OF the person mentioned in the document, provides information about the property and the survey numbers and determines the location of the property. This document is regulated by the Directorate of Land Registry.
The property deed shall be only given to the owner of the property (the legal owner) and Persons who own other rights in the property other than ownership (such as the lessor or the mortgagor) are not given the title deed. If the property is owned by more than one person, one bond is given indicating the share of each person in the property, and each may be given a special bond, but shows the share of the owner of the bond in the property, Where the owner's name is written in the owner box with mentioning of his share.
The title deed shows the ownership of the person (full or partial) mentioned in the bond, if the name of one person is mentioned only in the owner's square without mentioning a percentage of 1/3 or 1/5 or other, it means that the property is owned by the person named in the bond only, If the percentage is mentioned, it means that there is a partner, and that the person named in the property owns as much as the percentage mentioned in the bond as the partners in the property are partners in all property parts, that is, the real estate partner does not have a dedicated part of the property and other partners have other parts, but all are partners in all.
Each apartment within a building or villa has the right of full ownership or easement. It is an independent property in itself, Therefore, each of these parts shall be governed by a special document.
Types of Title Deeds
There are several types of property title in Turkey according to the type of property, the most important of which are:
Land Titles Suitable for Reconstruction and Agricultural Land
These properties that are registered as empty plots that are valid or unfit for construction. This piece of land must be located within an area included by the reconstruction plan to acquire the status of the land for reconstruction. However, acquiring the status of the land does not mean constructing a building. Organizing a project and taking the building permit on of this piece. It is necessary to consider and check the municipality concerned about the status of the reconstruction of the area and the extracting diameter of reconstruction as part of the reconstruction plan. The piece may be located on the road or dedicated to a public park or a green area and the like. The properties which are described as a field
In this type of title documents, the main public property information is mentioned, without mentioning the private information related to the independent sections of the property. This means that the property is registered as a single unit that is not divided into separated sections, such as independent houses, sheds, warehouses, factories, and similar buildings.
Real Estate Easements
Are bonds for Registering the ownership right of real estate after the final completion of its establishment and appoints the independent sections in it with the approval of the use of each section separately, and each section is arranged for the full title proving the ownership of the owner of the bond to the independent section in the mentioned building.
Easement and property registration floor
The floor property registration is required to protect the rights of the landlord. The title deed is the document obtained to show that the owner owns the property on the specified floor of the building. The record of the floor ownership is a brief proof that the building has been fully constructed in accordance with the building law.
Another record, called "Floor easement", is often referred to in Turkish as "Kat irtifakı", which is usually issued by the construction contractor to obtain funding for the project.
This record identifies the shares of the property and the share of each owner. In the ECC, only the middle square is indicated in the title deed, which gives the title deed (the Tabu) the title of the easement bond, not the title deed. This type of Real estate bond is defined as the stage that must be passed before obtaining a full title deed, and the easement proves the title of the bondholder in the construction to be constructed on a certain piece of land, which has not yet been completed, But it is recorded in the records of the Real Estate Department (Tabu), stating the location and the number of each part of it and the person who owns it. In the case of completion of the project or building with the approval of the housing from the municipality - if it complies with the Turkish conditions and standards - The easement bond becomes a title deed.
Building contractors usually present the characteristics of the building to be sold to the buyer by means of this register, in the form of a detailed description of the features, but on the other hand, a document is required to record the ownership of the floor because this document enables the landlord to obtain a housing license.
Law No. 5711 of 2007, published in the Official Gazette of 27 November 2007 on floor ownership, indicates the need to obtain a floor register. The law provides that fines will be imposed on realtors who do not register the property and obtain a floor property document.
Full title deeds
It’s called in Turkish (Kat Mülkiyeti), a bond that registers real estate ownership after it has been fully established. The independent sections are appointed with the approval of each section separately. The ownership of the bond shall be evidenced by the independent section of the mentioned building.
The title deeds and easements of the agricultural land and land for construction are different in terms of the information contained therein. These bonds include the number of the apartment or the independent section, its location in the building, and its share of the land under construction, in the absence of such information in the Tabu document, this means that the property in question has not yet obtained full title or real estate easement, but if the number of the independent part, the location, share of the land and other information related to it, and type as a colonial land, it means that the property has received the right of easement, If the property is mentioned as a building, a villa or an apartment, it means that the property in question has obtained the full title. This is known by means of a reference in the type of Tabu: full ownership, real estate easement or transitional property.
The total building’s area, the number of parts, the part of the person concerned, the number of this part, and in which floor that is located, with its specifications, shall be shown in the complete title deed. This type clearly indicates the section of the purchaser and confirms the transfer of ownership of the specified section to the person concerned, in which it’s a type of legally completed real estate bond, obtained by the real estate owners after getting the approval of the housing from the municipality, by confirming the project according to the standard Turkish standards of accommodation and residence, where the owners then face no legal problem at all.
Department of Housing Approval
The approval granted by the municipality to the buildings that are established according to specific criteria It proves that the building in question has been established according to the approved construction project. In order to obtain the housing approval, the standards imposed by the state must be complied with, such as the existence of a fire ladder, the emergent cases and the construction of the building resistant to earthquakes, the fire extinguishers in building and others, the task of obtaining the approval of the housing department on the contractor or the contracting company that will establish the project and after obtaining the approval, the housing bonds are to be converted to all buyers to a complete title deed.
Transitional Title Deeds
Transitional ownership is the ownership right in the property for a certain period of the year. The transitional ownership of the property is determined by a period of 7-10 or 15 days per year, i.e. the purchase of a property in conjunction with the determination of the time use of this property, which is common in private properties for holidays and the like. The owner has all rights of ownership from the sale, lease and waiving his right to other persons.
Edited by: Imtilak Real Estate©
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