What to Watch for When Buying Real Estate: A Guide to Title Deeds, Zoning and Contracts

Which documents should be reviewed before buying real estate?

Starting the review before paying earnest money and before giving a binding commitment brings to light, in good time, matters that need to be resolved in the negotiation. It is not enough to obtain a single copy of the documents; whether they show the same parcel and the same independent unit should be compared. The table below offers a working order for the legal and technical review.

The table is a suggestion for risk review; it is not an official document list of the same scope for all properties. Land registry, municipal, court and management records answer different questions. For the scope of the legal review, see also the page on real estate purchase and sale, title deed and zoning review.

The title deed record, the right property and the seller’s authority

The difference between a title deed document and the current registry record

An old title deed document shown by the seller reflects the record on the date it was issued. An attachment, mortgage or injunction placed later may not appear in that document. For this reason, the current record should be reviewed before the transaction and, to the extent necessary, again on the day of the transaction. Article 1020 of the Turkish Civil Code provides for inspection of the land registry on condition of showing a credible interest. It should not be assumed that anyone can have unlimited access over the internet to all ownership and encumbrance information of another person. [1][5]

Province, district, neighbourhood, block (ada), parcel, building block, floor and independent unit number should be compared with the property shown. The door number may differ from the independent unit number in the title deed. A parcel map, a sales advertisement or an estate agent’s sketch should not be used on its own as conclusive proof of ownership and building boundaries.

Checks on the owner, representative, company and heirs

The identity of the owner in the land registry is matched with the identity of the person carrying out the transaction. In a sale by a representative, the special authority concerning the transfer of the property, the scope of the power of attorney and how current it is are examined. The authority to collect the price and the authority to sell should also be assessed separately for the transaction. Article 504 of the Turkish Code of Obligations (TBK) requires special authority for the transfer of immovable property; giving a broad power of attorney does not remove the representative’s duty of care and loyalty. [2]

If the seller is a company, the current power of representation and signature, whether the representation is to be exercised jointly or alone, and whether a resolution specific to the transaction is needed are investigated. For inherited property, the certificate of inheritance and the form of ownership matter. In joint ownership (elbirliği mülkiyeti), it is not accepted that one heir can sell the whole property on his or her own; the power of disposal, representation and, where necessary, the procedures of the estate community are examined separately. [1]

Reliance on the land registry and the limit of good faith

The principle of reliance on the land registry protects the buyer under certain conditions. However, a person who knows that the record is contrary to the truth, or who ought to know because he or she did not exercise the care the situation required, may not benefit from the same protection. Findings such as an unusually low price, an open dispute between the actual user and the seller, or an unexplained representation relationship should be investigated. Nor can it be said that every incomplete check automatically amounts to bad faith; the assessment is made according to the characteristics of the specific case. [1]

Mortgages, attachments, injunctions and other encumbrances

Takyidat (encumbrance) is a term used when reviewing the rights and restrictions on a property. Not all records produce the same result. Some may prevent the transfer; others may continue to have effect on the property despite the transfer.

Buying a mortgaged property does not automatically make the buyer the personal debtor of the old debt; the property serving as security for the debt is a separate matter. For judicial attachment, Article 91 of the Enforcement and Bankruptcy Law, for public attachment, Article 73 of Law No. 6183 and the relevant land registry regulations should be assessed together. Generalizations such as “every debt on it passes to the buyer” or “if a sale can be made, there is no risk at all” are not correct. [1][5][6][7]

Family residence and the spouse’s consent

If the property has the nature of a family residence, the protection in Article 194 of the Turkish Civil Code comes into play. That a family residence annotation is not seen in the land registry does not show that there is no risk, independently of the other characteristics of the case. Actual use and the required spousal consent should be investigated. That said, not every property owned by a married person is a family residence; it cannot be concluded that the spouse’s consent is required in the same way for every sale. [1]

Co-owned real estate and the right of pre-emption

Is buying a share the same as buying a particular apartment?

In co-ownership (paylı mülkiyet), what is bought is a share of a certain proportion in the property. Saying “this share corresponds to the apartment on the third floor” when no independent unit has been created in the land registry does not by itself give independent ownership of that apartment. Actual partition, a use agreement, the rights of the other co-owners and the risk of dissolution of the co-ownership should be examined. Co-ownership and joint ownership, which is frequently seen in estate communities, should also be distinguished. [1][12]

Pre-emption periods: distinguishing new and old sales

If a co-owner sells his or her share to a third party, the other co-owners may acquire a statutory right of pre-emption. Notification of the sale to the other co-owners through a notary, by the buyer or the seller, is important. For sales made on or after 25 December 2025, the right lapses three months after the notarial notification and in any case one year after the sale. For sales made before this date, the old regulation applies under the transitional provision; the outer limit is two years. The start of the three-month period and the outer limit should not be confused. [1][10]

A change has also been made to the pre-emption price. The current Article 734 takes as its basis the deposit of the market value determined by the judge and the title deed expenses falling on the buyer. Under the transitional provision of the law, this change also applies to cases filed earlier. It should therefore not be assumed that showing a low price in the land registry will necessarily lead to the same low price being determined in a pre-emption dispute. The date of sale, the notification, and the documents relating to waiver or exercise of the right should be examined together. [1][10]

Zoning, occupancy permit, project and the technical condition of the building

What information should be obtained from the municipality?

From the competent administration where the property is located, the current zoning status, the applicable plan and plan notes, the building permit, the approved architectural project, amendment projects and the building occupancy permit are investigated. It should also be asked whether there is a construction stoppage record, a demolition order, an administrative fine or another act affecting use. A land-use decision in the zoning plan, such as housing, commerce, road or park, may directly affect the use intended by the buyer. [11]

It is especially important that the part seen on site is the same as in the project. Converting the basement into a dwelling, enclosing the terrace, adding a common area to the apartment or merging two units may not be just a decoration change. The square metres in the advertisement should also be examined separately as net area, gross area and shares of common areas. This comparison should be made with an architect or the relevant technical expert where necessary.

How are the type of title deed and the occupancy permit assessed?

Servitude of floor ownership (kat irtifakı)

Kat irtifakı (servitude of floor ownership) shows the rights connected with the independent units of a building to be built or under construction. It does not on its own prove that the building has been completed or that it has an occupancy permit. Buying a property with kat irtifakı is not prohibited or inappropriate in every case; the permit, level of construction, conformity to the project, handover and conditions for the transition to condominium ownership should be investigated. [12]

Condominium ownership (kat mülkiyeti)

Kat mülkiyeti (condominium ownership) refers to ownership of an independent unit. However, it does not mean that the building has no technical defect or that no unpermitted change has been made later. In addition, because of the special process in provisional Article 16 of the Zoning Law, it cannot be concluded from this wording in the land registry alone that all buildings have the same occupancy-permit history. The incorporation documents and the administration’s file should be examined. [11][12]

The absence of an occupancy permit and permit periods

The occupancy permit (iskân) is the building use permit document. Its absence can create problems for use, utility subscriptions, financing and future sales. The periods in Article 29 of the Zoning Law, starting construction within two years of the permit date and completing it within a total of five years, including that start period, relate to the validity of the permit. They cannot be explained as “every building for which an occupancy permit is not obtained within five years is automatically demolished.” In the demolition process and in cases of non-conformity with the permit, separate administrative acts are required within the scope of Article 32. [11]

The existence of an electricity or water subscription is also not proof of an occupancy permit on its own. Provisional Article 11 of the Law contains temporary subscription exceptions tied to certain dates and conditions. A general rule cannot be established that subscription is absolutely impossible in every building without an occupancy permit, or that the consumption charge will necessarily be charged at a certain multiple. [11]

Building registration certificate, DASK and earthquake safety

The building registration certificate (yapı kayıt belgesi) is not a technical report showing a building’s earthquake performance. In its decision dated 23 July 2024, E.2023/74, K.2024/141, the Constitutional Court (Anayasa Mahkemesi) annulled the sentence that placed on the owner alone the responsibility for the earthquake resistance of a building given a building registration certificate. This decision does not mean that all building registration certificates were annulled or that owners’ every kind of responsibility has ended. The administration’s duty of supervision and specific responsibilities are assessed separately. [11][13]

DASK (the Turkish Catastrophe Insurance Pool), in turn, is insurance providing cover within determined scope and limits; it is not a document certifying that a building is earthquake-resistant. Building age, interventions in the load-bearing system, damage history and, if necessary, earthquake performance should be reviewed by a competent technical examination. For urban transformation, the statuses of risky building, risky area and reserve building area should be kept distinct, and the current file and notifications should be examined. [14][15]

Special risks in buying plots, fields and hobby gardens

“Arsa” (plot) being written in the land registry does not show that a building of the desired size or purpose may be built. Construction conditions, road access, parcelling, areas allocated to public use, and special restrictions such as coastal, protected-site, forest, pasture and agricultural legislation should be investigated according to the location of the property. Whether a road shown in a plan or satellite image can actually and legally be used is also important. [11]

Buying a share in a field or a cooperative membership does not automatically give a separate parcel, a housing permit or ownership of a particular garden. Promises such as “placing a container is free,” “if there is electricity the building is lawful” or “any field can be divided through a cooperative” must be verified with documents.

Law No. 7584, which entered into force on 20 June 2026, introduced important restrictions on the acquisition of agricultural land through cooperatives and on unpermitted structures. For the agricultural land specified in the regulation, a restriction has been placed on acquisition by cooperatives subject to Law No. 1163; Ministry permission has been provided for cooperatives with agricultural purposes. A prohibition concerning electricity, water and natural gas connection and subscription for unpermitted structures has also been regulated. The specific type of land, the transaction and the permit status should be checked against the records of the Provincial Directorate of Agriculture and Forestry. [16]

Sale contract, promise to sell and earnest money

An official sale and a promise to sell are not the same transaction

In the transfer of ownership of immovable property by contract, official form and registration in the land registry are essential. Besides sales at the land registry directorate, notaries may also make real estate sale contracts under Article 61/A of the Notary Law. This transaction is different from having the signature on an ordinary contract certified at a notary. [1][3][4]

A promise to sell drawn up in notarial form, on the other hand, gives rise to a personal right to demand that a sale be made in the future; it is not itself a transfer of ownership. An annotation may strengthen the possibility of asserting the right against later right holders when its conditions are met. By contrast, it should not be thought that a protocol signed privately replaces the title deed transfer or the necessary official form. The consequences of an invalid contract and of payments made are assessed according to the type of contract and the special provisions applicable. [1][2][3]

Which matters should be written clearly in the contract?

The full details of the property, the real sale price, payment dates and the buyer’s and seller’s accounts; how the mortgage or attachment will be lifted; what happens if a loan cannot be obtained; the handover date; delivery of the property vacant or tenanted; fixtures; existing defects; expenses; and the consequences of breach of contract should be clearly determined. The project, the technical specification and the handover list should be consistent with the contract.

It should be explained by whom, on what date and with what result statements such as “an occupancy permit will be obtained” or “the tenant will be removed” will be carried out. Creating an expectation of an unconditional result for a step outside the seller’s control can lead to disputes. If a loan is planned to be used, the bank’s preliminary assessment should be distinguished from the final loan and security conditions.

Earnest money (bağlanma parası) and forfeit money (cayma parası)

The consequence of the amount called “kapora” in everyday language is not determined by its name alone. Article 177 of the Turkish Code of Obligations provides that, unless otherwise agreed, money given when a contract is concluded is deemed earnest money (bağlanma parası). If forfeit money (cayma parası) regulated in Article 178 has been agreed, the giver leaves the amount if he or she withdraws; if the receiver withdraws, the receiver returns twice the amount. Not every kapora is automatically forfeited, and a double refund does not automatically arise on every withdrawal. The valid contract, the purpose of the payment, the withdrawal condition, any obstacle to performance and consumer provisions are examined together. [2]

In the kapora document, the property, the amount, the capacity of the person receiving the payment, the conditions of refund and the time given for review should be clearly written. For a payment made to an estate agent, too, the agent’s authority to receive the money and to make commitments on the seller’s behalf should be verified.

Buying a home off the plan and with prepayment

Safeguards provided to the consumer

In transactions where the consumer pays the price of a home in advance and the seller transfers and delivers the home later, the pre-paid housing provisions of Law No. 6502 come into play. Not every second-hand sale, purchase of land or investment for commercial purposes falls within this scope; the capacity of the parties and the purpose of the transaction must be determined. [17]

A preliminary information form must be given to the consumer at least one day before the contract. A pre-paid housing contract cannot be concluded before a building permit is obtained. A valid transaction must be established through a written contract made together with the registration in the land registry in favour of the consumer of the transfer of kat irtifakı, or through a promise to sell in notarial form. No document that requires payment or creates a debt should be requested before a valid contract. The seller cannot later invoke, to the consumer’s detriment, the invalidity of a contract not established in the form required by law. [17][18]

In projects containing thirty or more homes, building completion insurance or one of the other guarantees accepted by the legislation must be provided. In smaller projects, being below this threshold does not remove the other consumer rights. Not only the name of the guarantee but its scope, validity, and which project and independent unit it covers should be examined. [18]

The compensation that may be claimed on rescission may be at most 2 per cent in the first three months from the contract; 4 per cent between three and six months; 6 per cent between six and twelve months; and 8 per cent between twelve and twenty-four months. It cannot be said that 8 per cent will apply in every case, or that rescission is completely costless under all conditions. Statutory exceptions, such as the seller not properly performing its obligation, should be assessed separately. At handover, the mere giving of the key is not looked at; it is checked whether the transfer and usable-delivery conditions sought by the legislation have been met. [17][18]

Buying from a contractor: the relationship with the landowner and current case law

The contract the contractor made with the landowner, which independent units the contractor will acquire, the authority to transfer, the level of construction and existing disputes should be examined. It is not enough for the buyer to rely only on a brochure and a show apartment. An acquisition in which the title deed has been transferred and a receivable right based only on a promise to sell are distinguished from each other.

The decision of the 6th Civil Chamber of the Court of Cassation (Yargıtay 6. Hukuk Dairesi) dated 22 April 2026, E.2025/2511, K.2026/1684, in line with the Unification of Case Law Decision (İçtihadı Birleştirme Kararı) dated 16 May 2025, E.2024/1, K.2025/2, shows that the good faith of a third party who acquires a real right from the contractor must be examined concretely. A generalization cannot be made that, because of the invalidity of the landowner–contractor contract or its termination with retroactive effect, every buyer’s title deed will be automatically cancelled. On the other hand, it cannot be concluded that every buyer will be treated as acting in good faith or that a promise to sell without a title deed will turn into ownership. [24]

In such purchases, the contract and the chain of title need to be assessed together. For the relevant scope, see the page on construction law and construction lawsuits.

The sale price, secure payment and the title deed fee

How should payment be matched to the title deed transfer?

The price should be paid in a traceable way through the verified accounts of the buyer and the seller and with the transaction details. A payment to a third party, hand delivery, an unexplained transfer or account details changed at the last moment require additional verification. If a mortgage is to be closed, the amount to be paid to the bank and the amount to remain with the seller should be planned in writing together with the order of release and transfer.

In existing systems such as TapuTakas, there are processes based on blocking the price and transferring it to the seller after the registration is verified. The scope of the system for the transaction, the application steps, account matching and cancellation conditions should be checked through the official channel. A payment link or account number sent by any person should not be regarded as trustworthy merely because it contains the description “title deed transaction.” [21]

The 1 December 2026 start date

With the amendment in the Official Gazette dated 1 October 2026, the start of the mandatory use of the secure payment system has been set as 1 December 2026. For this reason, in this guide dated 28 October 2026, the system is not described as though it were already mandatory. If the date of the transaction is on or after this date, the entry into force, scope and application steps should be checked again. The existing optional services and the mandatory requirement in the new regulation should be kept distinct. [19][20]

On what value is the title deed fee calculated?

In general sale transactions, the title deed fee is calculated at 20 per thousand, that is 2 per cent, separately for the buyer and the seller, on the real transfer and acquisition price, which may not be less than the property tax value. The parties may regulate in the contract who will bear the cost economically; this agreement does not by itself change the public-law obligation under the law. If there is an exception or exemption specific to the transaction, it is examined separately. [8]

Sample calculation: If the real sale price forming the basis for the fee is TL 5,000,000 and this amount is not lower than the property tax value, a title deed fee of TL 100,000 for the buyer and TL 100,000 for the seller arises at the general rate. To the total of TL 200,000, revolving fund and other expenses depending on the type of transaction may be added separately. This example is not a tariff quotation; it is a calculation made on the stated assumptions.

The property tax value learned from the municipality is not the same concept as the market sale price. Declaring only the municipal value when the real sale price is higher does not fulfil the obligation to declare the real price. [8]

The current penalty for declaring a low price

Law No. 7566, which entered into force on 19 December 2025, changed the 25 per cent tax loss penalty in Article 63 of the Fees Law to one times (bir kat). Where the current provision applies, the shortfall in fee and the related penalty of one times the tax loss, as well as interest and other consequences depending on the conditions, come into play. A penalty of one times does not mean one times the entire sale price of the property; it is related to the fee shortfall. For earlier transactions, the provision to be applied in terms of time must be determined separately. [8][9]

Buying a tenanted home or business premises

Does the sale end the lease automatically?

No. Under Article 310 of the Turkish Code of Obligations, the new owner as a rule becomes a party to the existing lease. The sale does not by itself cause the tenant to leave immediately, sign a new contract or have the rent freely increased. The seller’s promise of vacant delivery given to the buyer also does not on its own remove the tenant’s rights. [2]

Before buying, the lease and its annexes should be requested: the lease start, end of term, payments, deposit, advance rent, notices, any eviction undertaking and ongoing disputes. The absence of a written contract also does not show that there is no actual tenancy relationship.

The new owner’s need and eviction periods

For homes and roofed business premises, if the new owner has a genuine and sincere need for use for himself or herself, spouse, descendants, ascendants or persons whom the owner is legally obliged to support, TBK Article 351 may come into play. A mere wish to obtain higher rent is not the same as this need. The law provides for two separate litigation routes. [2]

One-month notice after acquisition and the six-month route

The new owner must notify the tenant of the situation in writing within one month, starting from the date of acquisition; relying on this route, the owner must file the suit six months after the acquisition. It is important that the notice reaches the tenant within the one-month period. Merely preparing the notice, or giving it to the notary, only within this period may not be sufficient. Eviction does not take place automatically when six months end; the necessary judicial process is carried out. [2][23]

In its decision dated 9 September 2025, E.2025/2624, K.2025/3931, the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) held that a notice issued on 28 December and served on 13 January 2023 for a property acquired on 9 December 2022 did not satisfy the one-month condition. The decision is a reversal in the interest of the law (kanun yararına bozma) without affecting the outcome. The practical conclusion is that the dates of sending and of service should be checked separately. [23]

The alternative route at the end of the contract term

The new owner may also exercise the right to terminate for need through a suit filed within one month starting from the end of the contract term. The conditions of this route should not be added on top of the conditions of the six-month route after acquisition. In calculating the time limit, the contract, the notice, TBK Article 353 and the effect of mandatory mediation should be assessed concretely. [2][22]

Mediation, eviction undertaking and re-letting

In disputes arising from the lease relationship, subject to the exception for eviction through enforcement without a court judgment under the Enforcement and Bankruptcy Law, there is a regulation of mediation as a condition for filing suit. From the application until the final record, limitation is suspended and the preclusive period does not run; however, the application does not replace the written notice after acquisition or the ground for eviction. [22]

For an eviction undertaking, conditions such as arrangement after handover, written form, a specific eviction date, intent and the one-month application period are examined. The limitation in TBK Article 355 on re-letting to another person within three years, without a justified reason, a property vacated because of need should also be taken into account. It cannot be accepted that every voluntary move automatically gives rise to compensation. For a detailed assessment, see the page on lease law and eviction lawsuits. [2]

Deposit, advance rent and the calculation of dues

In the sale protocol, the amount of the deposit, who holds it, whether it was transferred, and which period the advance-collected rents relate to should be clearly written. In the decision of the 3rd Civil Chamber of the Court of Cassation dated 12 May 2026, E.2026/3664, K.2026/2960, the proof of transfer of the deposit to the new owner; in its decision dated 31 March 2026, E.2026/1641, K.2026/1759, the amount of advance rent falling in the period after the sale was addressed. It should not be concluded that the rent for the same period can be demanded from the tenant a second time. [25][26]

In apartment-building or housing-estate debts, the period of ownership, the date the debt arose and fell due, management decisions and the internal relationship of the parties matter. A general answer such as “all old dues pass to the buyer” or “no old debt can affect the property” is not given. The management plan, the debt letter, major repair decisions and, if any, the statutory mortgage record should be examined. The use restrictions in the management plan may also affect the buyer’s plans for business premises or a home. [12][32]

Ownership, residence and citizenship in real estate purchases by foreigners

Conditions for acquiring property

For acquisition by foreign natural persons, Article 35 of the Land Registry Law should be examined with regard to nationality, the location of the property, statutory area limits and special security restrictions. The law regulates limits such as 30 hectares per person nationwide and 10 per cent of the private-ownership area of a district, together with certain powers and exceptions. It cannot be said that every foreign person may buy every type of property in every region under the same conditions. [3]

Matching of passport and identity, the need for translation or an interpreter, documents of representation, and payment and foreign exchange transactions should be planned before purchase. Obtaining a tax number or the title deed transfer being possible does not mean that the residence and citizenship conditions are also met. Within the scope of acquisition of real estate in Türkiye by foreigners, the property and the person’s status should be examined together.

Does buying a home automatically give a residence permit?

No. For foreigners who own property in Türkiye, an opportunity to apply for a short-term residence permit is provided; however, the permit is subject to a separate administrative assessment. The nature and use of the property, the date of acquisition, the value conditions applied to the application and the other statutory conditions should be investigated. A title deed record, or the phrase “suitable for residence” in a sales advertisement, is not by itself a guarantee of a permit. [27]

It is also incorrect that co-ownership prevents a residence application in every case. The Implementing Regulation and the Migration Management’s document explanations contain an assessment concerning co-ownership of a residence by family members. This possibility cannot be extended to mean that any small share bought by any person automatically gives a permit. The applications and statuses of family members should be examined separately. [28][29]

Citizenship through real estate

Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law provides an exceptional route to citizenship for acquisition of immovable property of at least USD 400,000 or its equivalent in foreign currency that meets the conditions. The legal nature of the property, the valuation, payment documents, the determination by the relevant authority and conditions such as the three-year annotation prohibiting sale are assessed together. Because of the regulation concerning condominium ownership or kat irtifakı that has been established, or plots that have a building on them, it should not be assumed that every vacant land produces the same result. [30]

Payment of the required amount does not by itself confer citizenship; the other conditions, the assessment of the competent authorities and a Presidential decision are required. A residence application and a citizenship application are separate processes. For the relevant scope, see the page on Turkish citizenship applications and lawsuits. [30]

On the day of title deed transfer and what to do after handover

Immediately before the transfer

The property and party details in the transaction documents, the real price, current encumbrances, payment instructions and, if any, the mortgage closing letter should be compared again. The conformity of the statements in the official text such as “price received” or those relating to handover with the actual situation should be checked. For the release and money transfer to be carried out on the same day as the sale, the order of the steps should be made clear.

For buildings within scope, the compulsory earthquake insurance and the current policy procedures relating to the sale should also be checked. It should not be assumed that the previous owner’s policy will automatically be sufficient for all transactions. [14]

Written handover record

At handover, the date, keys, actual user, meter readings, fixtures, existing damage, unfinished work and problems agreed to be remedied should be put in a record. Photographs and annexed lists can be linked to the signed record. The handover record does not replace registration in the land registry; it makes it easier to prove the actual handover and the parties’ findings at that time.

Municipal, management and subscription procedures

The buyer should check the property tax declaration and the liability for the following period. According to the explanation of the Revenue Administration (GİB), for a newly acquired property the declaration is made by the end of the year; if the acquisition took place in the last three months of the year, within three months of the acquisition. The new owner’s property tax liability generally begins in the budget year following the acquisition. The conditions of declaration and exemption should be confirmed with the relevant municipality. [31]

The owner and contact details are notified to the apartment or housing-estate management; subscriptions and the notice of the payment account to the tenant are documented. The title deed document, contract, payment receipts, handover record, project and correspondence should be kept in the same transaction file.

If a defect or legal problem arises after the sale

How should the problem and the evidence be identified?

Missing square metres, a concealed water leak, a structural problem, non-conformity with the project or the absence of a promised feature may give rise to different claims. First, the situation committed to in the contract, the situation at the time of handover and when the problem was learned are determined. Photographs, the advertisement, the technical specification, correspondence and expert examination should be preserved. Subject to urgent safety measures, it is useful to have the necessary findings recorded before evidence is lost through repair.

The law applicable to the seller’s liability for defects may vary according to the seller’s professional activity and whether the buyer is a consumer. Notice, the right of election and limitation are not the same concept. [2][17]

The difference between a consumer sale and the general provisions on sale

Claims for rescission, price reduction, free repair, replacement where conditions are met, and compensation are assessed according to the applicable provision and the specific defect. It cannot be said that the same remedy, or all the claims asked for together, will be accepted for every defect. The competent court, the route of application and mediation before suit are also determined according to the nature of the dispute. Having evidence recorded or talking with the seller does not by itself suspend all the time limits for suit and notice. [2][17][22][33]

Conclusion

A safe decision in buying real estate rests on acquiring the right property, from an authorized seller, under legal and technical conditions that have been reviewed. The land registry record, the municipal file and the use on site should corroborate one another; the contract, payment and handover should be tied to the same transaction plan. The additional review headings differ for co-owned property, tenanted homes, land, off-plan sales and foreign buyers.

The workable order for the buyer is this: First identify the documents and risks; put the conditions for resolution in writing; match the payment to the official transaction; document the handover and the later notifications. On matters where the law has changed, the dates of sale, notice and suit should be checked separately. This approach makes it possible to assess the effect of a risk that has been noticed on the price, the contract, the security or the decision to abandon the transaction.

Frequently Asked Questions

Which document should be looked at first when buying a home?

The current land registry record and the identity of the property are the starting point. However, looking only at the title deed is not enough; for the same independent unit, the municipal file, the project, the use and the seller’s authority should also be compared. The document check table shows the order of review.

Is a photocopy of the title deed sufficient assurance for a sale?

No. An old title deed copy may not show a mortgage, attachment or injunction placed later. The current record should be obtained through the authorized channel and checked again in connection with the transaction. See the section on current title deed review. [1]

Can a mortgaged home be bought?

The sale can be made in some cases; the mortgage, however, is not removed automatically. The creditor’s closing and release conditions and the order of payment should be settled. The security risk on the property is not the same as the buyer being the personal debtor. The distinction is explained in the section on mortgages and other records. [1]

Does the transfer of an attached property clear all debts?

No. Judicial attachment, public attachment and injunction are subject to different rules; the transfer does not by itself end the enforcement or the restriction. The relevant file and the lifting procedure should be examined. See the encumbrance table. [6][7]

Is the spouse’s consent required for every home sale?

The same condition is not sought for every property. If the property is a family residence, the spouse’s express consent under TMK 194 comes into play; the absence of an annotation in the land registry does not on its own remove all risk. This is why the review of the family residence is important. [1]

Is a co-owned title deed regarded as the title deed of a particular apartment?

As a rule, no. A share shows the proportion of ownership in the property as a whole. For independent ownership of a particular apartment, the title deed and the condominium-ownership regime must be examined separately; an actual use agreement does not by itself produce the same result. The co-owned property section explains the details. [1][12]

Is the period of the right of pre-emption one year or two years?

It depends on the date of sale. For sales on or after 25 December 2025, the rule applies of three months from the notarial notice and in any case one year from the sale. For earlier sales, the transitional provision preserves the old outer limit, that is two years. The distinction between new and old sales should also be read. [1][10]

Is it prohibited to buy an apartment with kat irtifakı?

No. However, kat irtifakı is not on its own proof of completion and of an occupancy permit. The permit, the project, the level of construction, the handover and the conditions of transition to condominium ownership should be investigated. See the section on kat irtifakı. [12]

Does condominium ownership show that the building is earthquake-resistant?

No. Condominium ownership is a legal ownership regime; it is not a determination of technical resistance. Later interventions and special procedures based on the building registration certificate should also be taken into account. The title deed type and technical condition should be examined together. [11][12]

Is a building without an occupancy permit automatically demolished after five years?

No. The two- and five-year periods in the Zoning Law are connected with the validity of the permit. Non-conformity with the permit, demolition and other administrative acts are subject to their own conditions. This answer does not mean that the absence of an occupancy permit is without risk. See the section on occupancy permit and permit periods. [11]

If there is electricity, water or DASK, is the building free of legal and technical problems?

No. Temporary subscription exceptions may exist; DASK is also insurance cover. These do not show that the occupancy permit, conformity to the project and earthquake performance have been verified together. The different functions of the documents are explained in the section on the building registration certificate and DASK. [11][14]

Does a hobby garden or cooperative share give the right to build a house?

It does not automatically. A membership or share does not replace a separate parcel and a building permit. The type of land, non-agricultural use and permits, including the 2026 amendments, should be investigated. See the section on plots, fields and hobby gardens. [16]

Is every contract made at a notary regarded as a title deed transfer?

No. A real estate sale made under Notary Law 61/A, a promise to sell and the certification of a signature are different. Registration in the land registry should also be taken into account for the acquisition of ownership. The distinction between an official sale and a promise to sell is important. [1][4]

If one withdraws after paying kapora, is the money necessarily forfeited?

No. Whether the payment is earnest money or forfeit money, the validity of the contract and the conditions of refund are examined. Automatic loss or a double refund cannot be attached to every kapora. See the section on kapora provisions. [2]

If the home loan is not approved, is the kapora refunded automatically?

The same result does not arise in every case. Whether the contract was made conditional on loan approval, its validity, the parties’ commitments and the consumer provisions applicable are examined. For this reason, the loan condition should be written clearly before payment. See the section on matters to be regulated in the contract. [2]

What is the withdrawal period when buying a home off the plan?

In a pre-paid housing contract under Law No. 6502, the period is 14 days. Notice must be given through a notary within the period; this right should not be confused with rescission of the contract, which can be exercised for up to 24 months. The pre-paid housing table shows the conditions together. [17][18]

By when must a pre-paid home be delivered at the latest?

The statutory outer limit is 48 months from the contract. If a shorter period has been agreed in the contract, that period is also important. Giving the key does not in every case satisfy all the transfer and usable-delivery conditions in the legislation. See the section on buying a home off the plan. [17][18]

Does a dispute between the contractor and the landowner necessarily cancel the buyer’s title deed?

No. Current case law requires a concrete assessment of the good faith of a third party who acquires a real right from the contractor. This does not give every buyer unconditional protection and does not convert a promise to sell without a title deed into ownership. See the section on the explanation of the 2026 decision. [24]

Is the title deed fee paid on the value determined by the municipality?

The real sale price is taken as the basis, which may not be less than the property tax value. If the real price is higher, writing only the municipal value is not sufficient. In a general sale, a rate of 2 per cent applies separately to the buyer and the seller; special exceptions are examined separately. See the section on calculation of the title deed fee. [8]

Is the penalty for showing a low price in the land registry still 25 per cent?

In the current provision of the Fees Law, the penalty is one times. The amendment entered into force on 19 December 2025; for earlier transactions, the regulation applicable in terms of time is assessed separately. The penalty should be explained on the fee shortfall, not on the total value of the property. The section on the current penalty contains the details. [8][9]

Is the secure payment system mandatory for all sales at present?

As of 28 October 2026, the date of verification of this guide, the current start of the relevant requirement is 1 December 2026. The scope and entry into force should be checked again on the day of the transaction. The existing TapuTakas service and the new requirement are not the same thing. See the section on the secure payment date. [19][20][21]

Can the new landlord evict the tenant immediately?

No. The new owner becomes a party to the existing lease relationship. Every route, including eviction for need, has its conditions and time limits. The seller saying “the tenant will leave” is not sufficient on its own. See the section on buying tenanted property. [2]

Is it enough to give the need notice to the notary within one month?

On the TBK 351/1 route connected with acquisition, the notice must reach the tenant within one month. The date of sending and the date of service may differ. Although a notarial notice is useful for proof, it is important that the written-notice condition in the law and the service period are both met. See the sample decision in the section on the one-month notice. [2][23]

What happens to the deposit and advance rent in a sale?

The amounts, the period to which they relate and whether they were transferred to the new owner should be documented. Liability is examined together with proof of payment and transfer; it is not assumed that the rent for the same period can be demanded from the tenant twice. See the section on deposit and advance rent. [25][26]

Do all old dues pass to the new owner?

A general rule cannot be established in this way. The period of ownership, how the debt arose, management decisions and the security on the property are important. A statement of debts and major expense decisions should be requested from the management. See the section on the calculation of dues. [12][32]

Does a foreign person who buys a home gain residence or citizenship?

Not automatically. Acquisition of property, a residence permit and citizenship are subject to separate conditions and administrative assessments. Joint family ownership is also assessed under its own conditions. The USD 400,000 threshold for citizenship does not replace the other conditions. The section on foreign buyers explains the details. [27][28][30]

When is the notification to the municipality made after buying a home?

In general, the property tax declaration is made by the end of the year in which the acquisition took place; if the acquisition was in the last three months of the year, within three months of the acquisition. The specific conditions of declaration and exemption should be checked with the municipality. See the section on post-transfer procedures. [31]

If a hidden defect appears in the home bought, does the same period apply in every case?

No. The periods and starting points for a building defect under the TBK and for a consumer housing sale are different. Gross fault, fraud, a second-hand sale and the notice obligation also affect the result. The relationship needs to be classified correctly with the defect and time-limit table. [2][17][33]

Sources

[1] Turkish Civil Code No. 4721. Arts. 3, 194, 688, 702, 705–706, 732–734, 888, 1009–1010, 1020, 1023–1024 and provisional Art. 1. Accessed: 28 October 2026. Official source.

[2] Turkish Code of Obligations No. 6098. Arts. 177–178, 219–227, 237, 244, 310, 342–355, 504–506. Accessed: 28 October 2026. Official source.

[3] Land Registry Law No. 2644. Arts. 26, 35–36. Accessed: 28 October 2026. Official source.

[4] Law No. 7413; Art. 61/A added to the Notary Law. Art. 12; the authority of notaries in real estate sale contracts. Accessed: 28 October 2026. Official source.

[5] Land Registry Regulation (Tapu Sicili Tüzüğü). Arts. 18, 48–49, 69; representation, attachment and registry inspection. Accessed: 28 October 2026. Official source.

[6] Enforcement and Bankruptcy Law No. 2004. Art. 91; disposal of an attached property. Accessed: 28 October 2026. Official source.

[7] Law No. 6183 on the Procedure for Collection of Public Receivables. Art. 73; consequences of attachment. Accessed: 28 October 2026. Official source.

[8] Fees Law No. 492. Art. 63 and Tariff (4) I/20-a. Accessed: 28 October 2026. Official source.

[9] Law No. 7566. Arts. 6, 8, 38/e; amendment of the Fees Law, in force 19.12.2025. Accessed: 28 October 2026. Official source.

[10] Law No. 7571. Arts. 35–37; TMK 733–734 and the transitional provision; Official Gazette 25.12.2025, 33118. Accessed: 28 October 2026. Official source.

[11] Zoning Law No. 3194. Arts. 21, 29–32, 42, provisional Arts. 11 and 16. Accessed: 28 October 2026. Official source.

[12] Condominium Ownership Law No. 634. Arts. 1, 3, 12, 14, 20, 22, 28, 35 and 70. Accessed: 28 October 2026. Official source.

[13] Constitutional Court, 23.07.2024, E.2023/74, K.2024/141. Official Gazette 03.12.2024, 32741; Zoning Law provisional Art. 16/10, third sentence. Accessed: 28 October 2026. Official source. Official full text.

[14] DASK — Frequently Asked Questions. Scope of the insurance, technical resistance and sale/policy procedures. Accessed: 28 October 2026. Official source.

[15] Directorate of Urban Transformation — Risky Building Process. Risk determination and procedure under Law No. 6306. Accessed: 28 October 2026. Official source.

[16] Law No. 7584. Arts. 23–25, 29/b; agricultural land, cooperatives and unpermitted structures; in force 20.06.2026. Accessed: 28 October 2026. Official source.

[17] Consumer Protection Law No. 6502. Arts. 3, 8–12, 40–46 and 73/A. Accessed: 28 October 2026. Official source.

[18] Ministry of Trade — Information on Pre-Paid Housing Sale Contracts. Official statement dated 05.03.2026; form, guarantee, withdrawal, rescission and handover. Accessed: 28 October 2026. Official source.

[19] Regulation Amending the Regulation on Real Estate Trading. Official Gazette 01.10.2026, 33387; start date of 01.12.2026 for provisional Art. 1/10. Accessed: 28 October 2026. Official source.

[20] Ministry of Trade — Press Statement on the Secure Payment System in Real Estate Sales. 28.09.2026; start of the application on 01.12.2026. Accessed: 28 October 2026. Official source.

[21] TapuTakas — Operating Rules. Blocking, registration verification, payment and cancellation flow. Accessed: 28 October 2026. Official source.

[22] Law No. 6325 on Mediation in Civil Disputes. Arts. 18/A(15), 18/B; mediation as a condition for filing suit and time limits. Accessed: 28 October 2026. Official source.

[23] Court of Cassation 3rd Civil Chamber, 09.09.2025, E.2025/2624, K.2025/3931. TBK 351; service of the notice within one month; reversal in the interest of the law. Accessed: 28 October 2026. Official source.

[24] Court of Cassation 6th Civil Chamber, 22.04.2026, E.2025/2511, K.2026/1684. Application of İBBGK 16.05.2025, E.2024/1, K.2025/2; good faith of the third party. Accessed: 28 October 2026. Official source.

[25] Court of Cassation 3rd Civil Chamber, 12.05.2026, E.2026/3664, K.2026/2960. Transfer of the deposit to the new owner and proof; reversal in the interest of the law. Accessed: 28 October 2026. Official source.

[26] Court of Cassation 3rd Civil Chamber, 31.03.2026, E.2026/1641, K.2026/1759. Advance rent for the period after the sale. Accessed: 28 October 2026. Official source.

[27] Law No. 6458 on Foreigners and International Protection. Arts. 31/1-b, 31/6, 32–33; short-term residence permit for property owners. Accessed: 28 October 2026. Official source.

[28] Regulation on the Implementation of the Law on Foreigners and International Protection. Official Gazette 17.03.2016, 29656; Art. 28/3, residence and joint family ownership. Accessed: 28 October 2026. Official source.

[29] Presidency of Migration Management — e-İkamet, Explanations on Documents. Persons who own property in Türkiye; document explanation on joint family ownership. Accessed: 28 October 2026. Official source.

[30] Regulation on the Implementation of the Turkish Citizenship Law. Art. 20/2-b; exceptional citizenship through acquisition of immovable property. Accessed: 28 October 2026. Official source.

[31] Revenue Administration — Property Tax. Declaration of acquisition, acquisition in the last three months of the year and start of liability. Accessed: 28 October 2026. Official source.

[32] Court of Cassation 18th Civil Chamber, 30.03.2016, E.2016/563, K.2016/5312. Period of ownership and title deed chain in liability for common expenses. Accessed: 28 October 2026. Official source.

[33] Ministry of Trade — Information on Defective Goods and Services. Liability for housing, second-hand sales and cases of gross fault/fraud. Accessed: 28 October 2026. Official source.