Step-by-step guide to ensure an apartment’s legal status in Turkey

Step-by-Step Guide to Ensure an Apartment’s Legal Status in Turkey

Buying an apartment in Turkey, especially in popular areas like Antalya or Belek, can be a rewarding investment. However, ensuring the legal clarity of the property is essential before completing any transaction. Many buyers—both domestic and foreign—often overlook vital documentation and legal steps that can cause issues later.

In this guide, we’ll walk you through all necessary checks and procedures to verify the legal status of an apartment in Turkey before purchasing it.

1. Verify the Title Deed (Tapu)

The title deed, known as Tapu in Turkish, is the most critical document when purchasing real estate. This certificate proves who legally owns the property.

What to check:

• Is the seller’s name correctly listed?
• Is the type of property (residential, commercial, etc.) stated clearly?
• Does the Tapu reflect the full ownership or is it a shared title?
• Ensure that the parcel, block, and unit numbers match the actual apartment.

It’s advisable to ask for a copy of the Tapu and confirm its authenticity at the Land Registry Office (Tapu ve Kadastro Müdürlüğü).

2. Confirm Zoning and Usage Permissions

Before buying, check the zoning plan (imar durumu) of the land the building is on. Even if a property looks fully developed, it may not be designated as residential.

Why this matters:

• You may not be allowed to reside or register utilities if the zoning does not permit residential use.
• Some buildings are constructed on agricultural or green zones, which can be problematic or even illegal.

Visit the local municipality or request a zoning status certificate (imar durum belgesi) to confirm the land’s official designation.

3. Check the Building’s Construction License and Occupancy Permit

A valid construction license (inşaat ruhsatı) proves that the building was constructed legally and in line with municipal plans.

Once construction is completed, a habitation certificate (iskan belgesi) must be issued, confirming the building is suitable for use.

Ask the seller or real estate agent:

• Does the building have an iskan?
• Is the specific apartment unit listed and approved in the construction license?

Important: Without an iskan, registering utilities like water and electricity may be difficult or impossible.

4. Investigate for Liens, Mortgages, or Legal Disputes

Check if the property has any debts, mortgages, court orders, or other legal encumbrances.

This can be done through the Land Registry Office, where you can request a copy of the property registry sheet (tapu kayıt örneği) showing if any financial or legal claims exist.

Tip: Hire a lawyer to conduct a full due diligence, especially if purchasing through a third party or when translation is needed.

5. Evaluate the Seller’s Authority and Documents

If the seller is an individual:

• Confirm they are the actual owner listed on the Tapu.
• Ask for identification and proof of residency.

If the seller is a company or developer:

• Make sure the company is registered and licensed.
• Review the project’s approvals, site plans, and ownership rights.

In case of shared ownership or inherited properties, confirm all rightful owners have agreed to the sale.

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