Conveyancing in Turkey: A Practical Guide for Property Buyers

Conveyancing—the legal process of transferring property ownership—operates under a unique structure in Turkey. Unlike many jurisdictions where private contracts play a central role, the ultimate legal transfer of property can only be completed before a Land Registry officer (Tapu ve Kadastro Müdürlüğü). This official, state-controlled mechanism aims to reduce fraud and ensure the accuracy of title records.
Below is an overview of how conveyancing works in Turkey, the steps involved, and key points buyers—especially foreign buyers—should know.
Legal Framework and Authority
Property transfers in Turkey are governed primarily by:
• The Turkish Civil Code
• The Land Registry Law (Tapu Kanunu)
• Related regulations issued by Tapu & Kadastro General Directorate
Only the Land Registry Directorate is authorized to perform the actual transfer of title. Private contracts, notarized documents, or simple agreements do not transfer ownership—they only create contractual obligations.

2. Key Steps in the Conveyancing Process
Step 1: Preliminary Agreement (Optional)
Parties often sign a sales promise agreement (satış vaadi sözleşmesi) before the formal transfer.
This:
• Is executed at a notary
• Does not transfer ownership
• Creates an enforceable obligation to complete the sale
• May be registered as an annotation on the title (for additional security)
Step 2: Due Diligence
Before applying for title transfer, buyers should conduct several checks:
• Title deed verification (ownership, mortgages, restrictions, encumbrances)
• Zoning status (building permissions, usage rights)
• Habitation certificate (iskan belgesi) for completed buildings
• Property tax debts or unpaid dues
Foreign buyers should also confirm:
• Whether the property falls within restricted military zones
• Whether the purchase complies with foreign ownership limits for the area
Step 3: Sales Application at Land Registry
Both parties (or their authorized representatives with a notarized power of attorney) submit:
• Identity documents or passports
• Tax numbers (for foreigners)
• Property details
• Required declarations
The Land Registry office schedules an official appointment for the signing of the title transfer deed (tapu satış sözleşmesi).
Step 4: Official Transfer of Title
At the appointment:
• The Land Registry officer reads the deed aloud
• Parties confirm the information
• Buyer pays purchase taxes and fees
• Signatures are taken
• The officer registers the transaction
Title legally passes the moment registration is completed.
Step 5: Issuance of Title Deed
After registration, the buyer receives the new title deed (tapu senedi)—now available digitally through the government’s secure e-Devlet and Web-Tapu systems.
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3. Fees and Taxes
The main costs include:
• Title deed transfer tax (tapu harcı) – usually 4% of sale price (standard practice is 2% buyer, 2% seller, but parties may agree differently)
• Land Registry service fee
• Valuation report (mandatory for foreign buyers)
• Translator fee (for foreign purchasers)
• Notary fees (if using a sales promise contract or power of attorney)

4. Special Considerations for Foreign Buyers
Turkey allows foreign individuals to own property, with a few conditions:
• Some nationalities may be subject to restrictions
• Purchases must not exceed certain land-size limits
• Property must be located outside military/security zones
• A government-approved valuation report is required to prevent inflated pricing
Foreigners often use sworn translators at the Land Registry office, and many appoint lawyers or real estate advisors to ensure compliance.

5. Common Risks and How to Avoid Them
• Unregistered construction → Always check zoning and building records.
• Unpaid debts on the property → Conduct a full title search.
• Third-party rights (mortgages, liens, annotations) → Must be cleared before the sale.
• Contracts signed outside Land Registry → Remember: private contracts do not transfer ownership.
Working with qualified legal professionals significantly reduces risks.

Conclusion
Conveyancing in Turkey is a structured and state-controlled process designed to ensure transparency and legal certainty. Although the procedure may seem formal compared with other jurisdictions, it provides strong protection once the title is registered. With proper due diligence and professional guidance, acquiring property in Turkey can be a secure and efficient experience for both local and foreign buyers.