What to check before the land registry when buying property in Türkiye

For most people, buying a home or business premises is the largest purchase of their lives. The signature at the land registry office takes a few minutes; but a check that was not made before that signature can turn into a dispute lasting years. The list below sets out, in order, the key points to review before you go to the land registry.

1. See the title deed record for yourself

A photocopy of the title deed shown by the seller is not enough. Ask for an up-to-date title deed record obtained from the land registry office or through e-Devlet (the Turkish e-government portal), and compare the following:

• Does the owner's name match the details on the seller's identity document?
• Do the block, parcel, building and unit numbers match the property you have seen?
• What is the property's registered type? Whether it says "residence", "shop", "plot" or "field" directly affects how you can use it.

2. Read the annotations and encumbrances

The annotations, declarations and charges section at the bottom of the title deed record is the part most often overlooked. Here you may find:

• Mortgage: The property secures a debt. If it is not lifted before the sale, the debt may pass to you together with the property.
• Attachment and interim injunction: The seller has creditors, or there is a pending lawsuit. Buying while these entries exist carries serious risk.
• Family residence annotation: If the property is registered as the seller's family residence, the spouse's express consent is required for the sale (Turkish Civil Code, Article 194).
• Usufruct: Someone else may have the right to live in or benefit from the property.

3. Condominium ownership or construction servitude?

If the title deed says "construction servitude" (kat irtifakı), the building may not yet have received its occupancy permit. This alone does not prevent a sale, but it may cause problems with electricity, water and gas subscriptions and with mortgage loans. You can also find out from the municipality whether the building was constructed in accordance with its approved project.

4. Ask about the zoning status and unauthorised additions

It is common for the flat you are buying to have an enclosed balcony, an added attic floor or a basement converted into living space. Such additions contrary to the project may later lead to demolition or fines. The municipality's zoning department can show you the approved project and the zoning status of the property.

5. Clarify debts in advance

Some debts are checked during the transfer of title, others are not:

• Property tax: Find out from the municipality whether anything is owed before the sale.
• Service charges and common expenses: Ask the building manager for written information on any outstanding amounts. Unpaid service charges can lead to disputes between the owners' board and the new owner.
• Compulsory earthquake insurance (DASK): A valid policy is required for the transfer of title.

6. Think about the form of the contract before paying a deposit

Under the law, a sale of real estate is valid only if made in official form, that is, at the land registry office. A "sale agreement" or "promise to sell" signed privately between two people does not transfer the property. If the sale will take place at a later date, a promise-to-sell agreement drawn up by a notary in official form puts you in a much stronger position. If you are paying a deposit, agree in writing what will happen to it if the sale does not go ahead.

7. Declare the real price

Declaring a sale price lower than the real one to reduce the title deed fee is a common but risky habit. Apart from tax penalties, in a later dispute such as the cancellation of the contract, the declared amount may become important in calculating what is to be refunded. As fee rates change from time to time, check the current rate with the land registry office before the transaction.

Extra care when selling through a power of attorney

If the seller will not attend the land registry in person but will send a representative, confirm through a notary that the power of attorney is current and has not been revoked. Make sure the power of attorney expressly includes the authority to sell and identifies the property.

When should you consult a lawyer?

If the title deed record shows an attachment, a mortgage or a litigation annotation, if the seller is acting through a representative rather than in person, if the property was inherited by several people, or if a substantial deposit is involved, consulting a lawyer before signing is usually far less trouble than a lawsuit afterwards.

This article is for general information only and does not constitute legal advice.