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Real Estate Purchases, Title Deed and Municipal Zoning Due Diligence

Examination of title deed, zoning file, approved project, valuation, construction quality, contract and payment before buying immovable property.

Buying a residence, villa, plot of land, field, business premises or investment property is not merely a matter of paying the purchase price and taking over the title deed. An annotation, mortgage or injunction in the land registry; a violation in the municipal zoning file; a problem with the construction permit, the occupancy permit or the approved architectural project; a deficiency in the seller's authority of representation; or an uncertainty in the contract and the payment plan may directly affect the use, value, financing and resale of the property.

A secure real estate purchase process requires examining the seller and the ownership, researching the current and historical land registry records, checking the municipal and zoning file, comparing the approved architectural project with the actual situation, assessing the sale price against comparable sales and valuation data, investigating the technical condition of the building, preparing the contract, and planning the payment and the transfer of the title deed so that they take place at the same time. Güneş & Güneş Law Firm conducts the legal process on the buyer's and the seller's side according to the nature of the file, and where necessary coordinates with independent and authorized experts in architecture, engineering, surveying and valuation.

Request a Property Examination

Basic rule for purchase security: No deposit (kapora), reservation fee or advance payment should be made before the title deed and municipal–zoning examination is completed, before the approved project is compared with the actual situation, and before the terms of the contract are determined.

Key Areas We Examine Before You Buy Property

Land Registry and Ownership Structure

The current land registry records of the property, its owner, share ratios, classification, condominium ownership or servitude of floor ownership status, land share, annexes and independent unit information are examined. A copy of the title deed alone is not considered sufficient; the current record extract, the encumbrances and, where necessary, previous transfers are assessed together.

Identity, Authority and Capacity of Disposal of the Seller

It is investigated whether the seller is the true rightholder, the scope of the power of attorney or the document of representation, the authority of representation and signature in the case of legal entities, the permissions required in the case of minor owners or owners under guardianship, and the inheritance and transfer status for property acquired by inheritance. Restrictions that may arise from the family residence, spousal consent, co-ownership and the sale of a share are assessed separately.

Municipal and Zoning Transaction File

The zoning and building file held by the municipality or competent administration to which the property is attached is examined. The current zoning plan, plan notes, zoning status, construction permit, renovation permits, occupancy permit, approved architectural project and, where they exist, administrative sanctions and records of ongoing proceedings are considered together.

Comparing the Approved Architectural Project with the Actual Situation

The approved architectural project obtained from the municipality or competent administration is compared with the existing manner of use and the physical condition of the property. The independent unit's block, floor, number, location, facade, boundaries, purpose of use, area, room layout, balcony, terrace, basement, roof, storage room, parking space and other annexes are examined. Where necessary, an on-site inspection is carried out with the support of an architect, engineer or surveyor.

Real Estate Valuation, Comparable Sales and Price Research

In order to assess whether the sale price is in line with market conditions, coordination is established where necessary with a licensed real estate valuation expert or with an authorized valuation institution required by the nature of the transaction. The valuation date, the purpose, the method used, the comparable sales, the legal and technical condition of the property and the assumptions in the report are examined together. The listing price, the municipal property tax value, the bank appraisal value and the market value are not the same concepts; each data point is assessed within its own purpose and basis.

Construction Quality and Technical Condition Research

To investigate the building's load-bearing system, material and workmanship, visible cracks and deformations, damp and waterproofing, roof, facade, common areas, mechanical and electrical installations and delivery quality, a technical examination is obtained from an architect and the relevant engineers where necessary. For sales from the project or under construction, the technical specification, room finish schedule, sample apartment and actual work are compared. The findings of the technical expert are reflected in the contract's provisions on defects, incomplete work, delivery, price, security and liability.

Contract, Deposit and Advance Payment

Reservation forms, deposit documents, property sale agreements, promise-to-sell agreements for immovable property and other preliminary agreements are drafted or examined with regard to form, binding force, payment, delivery, transfer of title, default, defects, contractual penalty and refund of the price. It is determined how payment risks arising before the title deed, municipal and technical examinations are completed will be managed by contract.

Secure Planning of the Sale Price and Transfer of Title

The payment schedule, currency, bank accounts, mortgaged sale, use of credit, removal of encumbrances and the order of the title deed transfer are clearly structured. If the conditions of the file are suitable, methods that link payment to registration, such as Tapu Takas or a trusted account, are considered. In transactions involving a foreign buyer, the foreign currency purchase document and other special documents are planned separately.

A clean-looking land registry record does not show that the building complies with its permit, its approved project and the zoning legislation. A valuation report does not replace a legal and technical examination, and a visual inspection alone does not replace research into building safety or construction quality.

Determining the Purpose of Purchase and the Structure of the Transaction

It is determined whether the property will be acquired for residential use, commercial use, leasing, project development, agricultural activity, a tourism investment, residence or citizenship. The same property may produce different permit, zoning, tax, company and foreigners-law consequences depending on the intended use. The scope of the examination is shaped according to the investment purpose and the form of the transaction.

Examining the Owner, the Seller and the Authority of Representation

For a natural person seller, identity and authority of disposal are checked; for a company seller, the current trade registry, form of representation, signature authorities, the necessary corporate body decisions and the compatibility of the transaction with the company's activity and authority structure are checked. In a sale by power of attorney, whether the power of attorney covers the property and the sale transaction, and, for documents issued abroad, the apostille, authentication and translation requirements, are assessed.

Where the seller is a minor, a person under guardianship, an heir or a person represented through a curator (kayyım) or guardian, the permissions of the court and the guardianship authority are examined separately. Where ownership is held in shares among spouses, heirs or partners, matters such as pre-emption, the family residence, inheritance transfer and other co-ownership issues are identified before the sale.

Current Land Registry Record and Encumbrance Examination

The records and restrictions in the property's land registry entry are assessed not only by name but together with their scope and their effect on the sale. Depending on the file, the examination covers the following records:

  • Mortgages and statutory mortgages
  • Attachments and precautionary attachments
  • Interim injunctions and lis pendens annotations
  • Usufruct, right of habitation, right of superficies and other easements
  • Family residence annotation
  • Promise-to-sell and lease annotations
  • Pre-emption, purchase and repurchase rights
  • Management plan and condominium ownership records
  • Expropriation, risky structure and other notations
  • Rights of way, utility passage and rights of use
  • Structural or administrative records in the declarations section
  • Other encumbrances affecting the power of disposal or the transfer of ownership

The existence of a record does not always mean that the sale cannot be made. However, how the record will be removed, whether it will continue after the sale, its effect on the price and use, and the risk it will create for the buyer must be clarified before the transaction.

Researching the Title History and Previous Transfers

In transactions where it is deemed necessary, previous owners and transfers, inheritance transfers, share sales, creation and cancellation of mortgages, promise-to-sell annotations and changes of ownership are researched. If there are indications that may give rise to a claim of simulation by the deceased, lack of legal capacity, abuse of authority under a power of attorney, forgery, a gift disguised as a sale or annulment of a disposition, the legal risk is assessed separately.

For the title history to be examined, authorization by the rightholder, a showing of legal interest or other conditions required by the relevant institution may be needed. The possibility of access to the records and the scope of the examination are determined according to the specific file.

Checking Condominium Ownership, Servitude of Floor Ownership and Land Share

Whether the independent unit is held under condominium ownership or servitude of floor ownership, and the consistency of the independent unit number, character, land share and annexes in the title deed with the approved project and the actual use, are investigated. The proportion of the land share to the independent unit, the use of common areas, allocations relating to storage rooms, parking spaces, gardens, terraces or roof areas, and the management plan are examined.

The existence of a servitude of floor ownership does not by itself show that the building has been completed or that an occupancy permit has been obtained. The existence of condominium ownership also does not mean that no changes contrary to the permit have been made to the property afterwards.

Detailed Examination of the Municipal, Zoning and Building File

Current Zoning Plan, Plan Notes and Zoning Status

The land-use decision, building conditions and plan notes in the zoning plan in force for the property are examined. Depending on the nature of the file, the following are assessed:

  • Residential, commercial, tourism, agricultural or other land-use decision
  • Floor area ratio, ground coverage, building height and number of floors
  • Setback distances and building approach limits
  • Portions allocated to roads, green areas or public services
  • Parcelling and the Article 18 application
  • Conditions of subdivision, consolidation and relinquishment to roads
  • Building bans or temporary construction restrictions
  • Coastal, forest, heritage site, protected area and special environmental status
  • Urban transformation, reserve building area and risky area decisions
  • The possibility of expropriation or a plan amendment
  • Plan annulment and ongoing administrative court proceedings

The information on an online zoning screen or in a real estate listing is not regarded as sufficient on its own; the current plan, the plan note and the administrative transaction file are taken as the basis.

Construction Permit, Renovation Permits and Permit Term

The main construction permit, renewal or renovation permits, permit dates, building class, purpose of use, number of independent units, total construction area and the projects annexed to the permit are examined. It is investigated whether the term of the permit has expired, whether the building was started and completed within the permit period, and whether later changes were tied to a renovation project.

The existence of a permit does not by itself show that the building was completed in accordance with the permit. Changes made to the building afterwards and the current manner of use must be checked separately.

Examination of the Occupancy Permit (Iskân)

Whether an occupancy permit exists for the whole building or for the relevant independent unit, for which building and use the document was issued, whether there is a partial occupancy permit, and its consistency with the permit and project information are assessed. The absence of an occupancy permit may have consequences for utility subscriptions, credit, insurance, condominium ownership, use and resale.

An occupancy permit is not regarded as sufficient on its own. There may be unpermitted additions, enclosures, mergers, divisions or changes of intended use made after the document was issued.

Stop-Work Records, Sealing, Fines and Demolition Decisions

It is investigated whether the municipality's or competent administration's records contain a stop-work record, sealing, zoning fine, permit cancellation, demolition decision, request to remedy a violation, or an ongoing administrative or judicial process. The effect of these records on the owner, the building or the independent unit, who will be responsible for them after the sale, and how they will be regulated in the contract are determined.

Building Registration Certificate and Zoning Amnesty Records

If a building registration certificate (yapı kayıt belgesi) has been issued for the property, the scope of the certificate, the declared area and use, the payment, the cancellation or validity status, and its effect on the land registry and municipal records are examined. A building registration certificate should not be regarded as sufficient assurance on its own in terms of ownership, earthquake resistance, compliance with the approved project or a permanent zoning right.

Cadastre, Parcel Boundary and Actual Use

For plots of land and fields, block–parcel information, the cadastral map, staking out, surface area, parcel boundaries, road access, neighboring uses, rights of way and easements are examined. Where it is alleged that the building's position within the parcel, an encroachment on the neighboring parcel, a boundary violation, or an actual road or use differs from the record, a surveyor and technical measurement may be required.

Conformity Check of the Approved Architectural Project and the Actual Situation

Comparing the approved architectural project with the actual existing situation is one of the basic stages of a property purchase examination. Instead of the plan presented by the seller or the real estate consultant, the approved project in the archive of the municipality or competent administration is taken as the basis wherever possible. Where the project must be read and an on-site technical comparison is required, we work with a licensed architect, engineer or surveyor.

Checking That the Independent Unit Is in the Right Place and of the Right Character

  • The block, floor and independent unit number in the title deed
  • The location and entrance of the independent unit in the project
  • The facade, floor, staircase and elevator connection
  • The character of use as residence, business premises, storage room or other use
  • The boundaries of the independent unit and neighboring units
  • The link between the land share and the independent unit in the project

are compared. In particular, it is checked whether the number written in the title deed is the same as the property actually shown.

Area, Layout of Spaces and Later Changes

  • The dimensions in the project against the existing area and layout of spaces
  • The basis for the gross and net area declarations
  • Walls added or removed afterwards
  • Independent units that have been merged or divided
  • Balconies and terraces that have been enclosed
  • Interventions to the attic, basement or shelter
  • Use of the garden, parking space, storage room and common areas
  • Changes to the facade, doors, windows and entrance
  • Changes to wet areas, installations and intended use
  • Additional floors, rooms, structures or annexes that are not in the project

are identified. The square-meter information in the sales listing or in the contract should not be accepted as final without being verified against the approved project and, where necessary, by technical measurement.

Interference with Common Areas and Claims of Exclusive Use

It is examined whether the staircase, landing, garden, parking space, roof, terrace, shelter, caretaker's flat and other common areas have been included in the independent unit. An area actually used only by one owner should not be assumed in law to belong to the independent unit or its annex. The management plan, the approved project, the land registry record and the decisions of the unit owners are assessed together.

Possible Consequences of a Difference Between the Project and the Actual Situation

A violation of the approved project may give rise to:

  • Zoning sanctions, sealing or demolition risk
  • Occupancy permit and construction permit problems
  • The need for condominium ownership and land registry correction
  • Problems in bank credit or mortgage valuation
  • Disputes in insurance and loss processes
  • Problems with utility subscriptions, a business premises license or a use permit
  • Lease and eviction disputes
  • Loss of value and marketability on resale
  • Eligibility problems for a foreign buyer or a citizenship application
  • Common area and condominium ownership disputes

It is also determined separately whether the identified difference can be remedied, whether it requires a renovation permit or a project amendment, and how responsibility for remedying it will be regulated in the contract.

Legal examination and technical examination complement each other. The lawyer assesses the legal consequences of the title deed, the contract, the zoning file and the administrative records; technical findings that require structural, measurement, static or project-conformity assessment are made by the relevant professional experts.

Examination of Structural and Technical Risks

Examination of Construction Quality, Materials and Workmanship

In files where an assessment of construction quality is needed, an on-site examination and report may be requested from an architect, civil engineer, mechanical engineer, electrical engineer or other relevant technical experts, depending on the type of property. Depending on the specific property, the scope of the examination may include the following matters:

  • Visible cracks, deformations and signs of interference concerning the load-bearing system
  • The state of workmanship in walls, floors, plaster, paint, joinery and fixed works
  • Signs of water and damp in the roof, terrace, facade, foundation and wet areas
  • Observations and existing documents concerning heat, water and sound insulation
  • Electrical, plumbing, heating, cooling, ventilation and fire systems
  • Works in the elevator, parking, pool, landscaping and other common areas
  • Conformity of the materials used with the technical specification, room finish schedule and contract
  • Unfinished, defective or subsequently altered works
  • Level of completion and remaining works for delivery in projects under construction

The scope and limits of a visual inspection must be shown clearly in the report. For matters that require special research, such as hidden defects, or the performance of the ground or load-bearing system, measurement, sampling, laboratory examination or a separate engineering study may be needed. A law firm does not issue a technical conformity or building safety report; it assesses the findings of the independent expert legally in terms of the purchase decision, the contract, security, delivery and the risk of dispute.

Static, Earthquake and Building Safety Documents

Taking into account the age of the property, its construction system, earthquake history, renovations and intended use, the structural project, ground survey report, building inspection records, risky structure decision and strengthening documents may be examined. A visual inspection or a valuation report does not by itself establish the earthquake performance of the building. Where necessary, an examination by authorized engineers should be obtained on technical safety.

Mechanical, Electrical, Fire and Energy Documents

For commercial, tourist or special-purpose properties, mechanical and electrical projects, fire evacuation and conformity records, elevator documents, the Energy Identity Certificate and technical requirements relating to the intended use may come up. The scope of the examination is determined according to the nature of the property.

Real Estate Valuation, Comparable Sales and Price Research

Whether the sale price is reasonable cannot be determined merely by looking at a real estate listing, the seller's statement or a single price per square meter. The property's location, character, purpose of use, surface area, age, permit and occupancy permit status, conformity between the project and the actual situation, encumbrances, lease status, building and construction quality, income-generating capacity and comparable sales must be assessed together.

Depending on the purpose of the file and the type of transaction, obtaining a report from a licensed real estate valuation expert or an authorized valuation institution can be coordinated. In price and comparable research, the following are taken into account:

  • Comparable data on similar properties in the same area
  • The distinction between the listing price and verifiable transaction or market data
  • Land share, net/gross area, facade, floor, view, access and use characteristics
  • Zoning rights, permit, occupancy permit and approved project status
  • Tenancy, income and expense structure, and vacancy risk
  • The financial effect of renovation, strengthening, incomplete work or maintenance needs
  • The effect of legal encumbrances and restrictions on use on value
  • The fact that market conditions may change after the valuation date

The municipal property tax value serves tax transactions, the bank appraisal serves credit and security assessment, and certain official valuation reports serve the transaction for which they were issued; none of them should be regarded as the same as the current free-market sale price.

How a Valuation Report Differs from a Legal and Technical Examination

A valuation report focuses on the value of the property on a particular date and the elements affecting the valuation. It does not mean that all legal risks in the land registry, the seller's authority, the provisions of the contract, municipal sanctions, construction quality, or every difference between the approved project and the actual situation have been resolved. Likewise, a legal examination is not a market value or building safety report. The valuation is not a substitute for the legal and technical determination of the situation; it is a separate study added alongside it where necessary.

Reflecting Findings in the Purchase Decision and the Contract

The results of the valuation and the technical examination are not left as mere information notes. The identified matters are assessed legally in terms of reconsidering the price, the seller remedying the violation, completing incomplete works before delivery, making part of the price conditional, obtaining security, regulating the guarantee and defect provisions, or the possibility of withdrawing from the contract if certain risks materialize. This assessment does not constitute a guarantee of investment return or of an increase in value.

Contract, Deposit and Payment Security

Reservation Form and Deposit Documents

The nature of a payment made under the name “kapora” as earnest money, forfeit money or an advance payment, the circumstances in which it will be credited against the sale price and the conditions under which it will be refunded must be written clearly. It is assessed whether the standard form presented by the real estate consultant, the project developer or the seller protects the buyer's right to withdraw following the title deed and zoning examination.

Property Sale Agreements and Promise-to-Sell Agreements

The transfer of ownership of immovable property takes place in the official form required by law and by registration in the land registry. Under the current system, property sale agreements can be made at notary offices as well as at land registry directorates. A private written contract, reservation form or deposit document alone does not transfer ownership.

In a promise-to-sell agreement for immovable property, the official form, the annotation in the land registry, delivery, payment, the transfer date and the consequences of non-performance of the contract must be regulated together. It should not be assumed that every contract serves the function of a title deed transfer or a promise to sell.

Matters to Be Secured in the Contract

  • The identity, capacity and authority of representation of the parties
  • The clear title deed, block–parcel and independent unit information of the property
  • The accuracy of the declarations on the title deed, municipality, zoning and project
  • The sale price, currency and payment schedule
  • The legal nature of the deposit and the advance payment
  • The method of removing mortgages and encumbrances
  • The order of the title deed transfer and the payment
  • The delivery date, keys and transfer of actual possession
  • Obligations where there is a tenant or user
  • The sharing of dues, taxes, utility subscriptions and other debts
  • Liability for violations of the building, project and permit
  • Defects, incomplete work and third-party claims
  • Default, contractual penalty, withdrawal and refund of the price
  • The applicable law and the dispute resolution method
  • Special conditions of eligibility where there is a foreign buyer or a citizenship purpose

Secure Payment, Mortgage and Bank Transactions

Paying the sale price directly and without security before the title deed transfer may create a significant risk. Payment is planned in a manner consistent with the title deed application number, bank transfer, trusted account or the Tapu Takas system, the creation of credit and mortgage, the closing of an existing mortgage and the moment of registration. Which method will be used is determined according to the conditions of the parties, the bank and the title deed transaction.

In transactions where the buyer is a foreign natural person, the foreign currency purchase document, bank receipt, identity/tax number and other special transaction documents are additionally checked in accordance with the current TKGM (General Directorate of Land Registry and Cadastre) regulations.

Use, Delivery and Problems That May Be Taken Over with the Property

Position of Tenants, Occupiers or Other Users

The statement that the property is vacant is verified in practice. If there is a lease agreement, eviction undertaking, a lease annotated in the land registry, a right of use, a family residence or possession by a third party, the conditions of delivery and eviction are regulated in the sale contract. Purchasing does not mean that the existing user will leave the property automatically and immediately.

Unit Owners, the Management Plan and Common Expenses

The management plan of the housing complex or apartment building, dues and common expense debts, extraordinary expense decisions, ongoing lawsuits, management decisions, common area allocations and facility use conditions may be examined. The information obtained from the seller and the management is compared; on delivery of the property, meters, subscriptions, keys, fixtures and common use rights are recorded in a protocol.

Tax, Fees and Other Financial Obligations

The property tax value, title deed fee, revolving fund fee, the possibility of VAT, value-increase gain, and the financial consequences that may arise from a company sale or commercial transaction are assessed according to the parties to the file and the nature of the property. Where necessary, the legal examination is completed by the work of a financial adviser or tax specialist. The legal and financial consequences of any inconsistency between the listing price, the actual sale price and the official declarations are explained to the parties.

Examination by Type of Property

Purchases of Residences, Apartments and Villas

The title deed and independent unit information is examined together with condominium ownership/servitude of floor ownership, permit, occupancy permit, approved project, actual situation, site management, common areas, tenants and delivery conditions.

Purchases of Plots and Land

The zoning decision, building conditions, cadastral boundary, road frontage and access, subdivision/consolidation, agricultural character, heritage site/forest/coastal status, expropriation and infrastructure facilities are researched. The development potential advertised for the property is verified against official plans and records.

Commercial and Tourism Properties

In addition to the title deed and zoning examination, the intended use, business opening and operating license, tourism certificate, fire and technical conformity, existing lease relationships, operating rights and activity-specific administrative permits are assessed. It is borne in mind that ownership of the property and a business license or activity permit are not the same legal value.

Properties Under Construction and Sold Off-Plan

The land ownership, the contractor's authority to sell, the construction contract in return for land share, servitude of floor ownership, construction permit, approved project, level of construction, delivery terms, security, consumer legislation and the promise-to-sell agreement are examined. Whether the features shown in the model, catalog, listing or sample apartment are reflected in the contract, technical specification, room finish schedule and approved project, and, with technical expert support where necessary, whether the existing work conforms to the promised materials and workmanship, are checked.

Shared Properties and Share Purchases

It is clearly determined whether what is being bought is an independent property or only a share. It should not be assumed that a share in fact gives the right to use a specific area. Use agreements, the statutory right of pre-emption, the co-owners, the possibility of dissolution of co-ownership and the divisibility of the property are assessed.

Foreigners' Purchases of Property in Türkiye

In the acquisition of property by a foreign natural person or a foreign-capital company, the country, the person, the amount, the location, military or special security zones, the character of the property and the restrictions arising from special laws are researched. The passport, tax/foreigner identity number, translation, power of attorney, valuation and foreign currency purchase document processes are carried out according to the rules in force on the date of the transaction.

If Turkish citizenship through real estate acquisition is the aim, the conformity of the property, the seller, previous transfers, value and bank documents with the citizenship legislation is examined separately. Detailed explanations on the citizenship conditions should be found on the relevant independent practice area page.

Preparing a Real Estate Sale on the Seller's Side

The legal examination is not made only for the buyer. On the seller's side, legal services are provided on the following matters:

  • Obtaining the current title deed and encumbrances
  • Planning the removal of mortgages, attachments or other records before the sale
  • Preparing the municipal, permit, occupancy permit and project documents
  • Completing company or representation authorities
  • Clarifying the tenant and delivery situation
  • Regulating the contract, deposit and payment conditions
  • Assessing tax and fee obligations
  • Coordinating the title deed application, secure payment and transfer transaction

The aim is to prevent disputes that may arise later by tying the seller's statements about the property to genuine and verifiable documents.

How Is a Real Estate Purchase Process Conducted?

Preliminary Assessment and Scope of Examination

The purpose of the buyer or seller, the type of property, the transaction timetable, the form of financing and special risks are determined. Whether the owner's authority or a power of attorney is required to obtain records from institutions is explained.

Title Deed, Owner and Encumbrance Research

The current land registry record, encumbrances, the ownership and representation situation and, where necessary, previous transfers are examined. Records that would prevent the sale, that will continue after the sale or that require special security in the contract are identified.

Municipal–Zoning File and Project Examination

The zoning status, plan notes, permit, occupancy permit, approved project and administrative sanction records are examined. If necessary, an on-site technical examination is organized to compare the approved architectural project with the actual situation.

Valuation and Technical Examination

If the nature of the transaction requires it, a price and comparable study is coordinated with a licensed valuation expert or authorized valuation institution, and an examination of the project, construction quality, works and technical condition is coordinated with architects and engineers. The scope, assumptions and limitations of the reports are assessed together with the findings of the legal examination.

Legal Risk Assessment and Transaction Terms

The identified matters are classified in terms of their effect on the sale, the way they can be remedied, the documents or permits required, and the security that must be obtained in the contract. The scope of the examination and the accessible records are stated clearly.

Establishing the Contract and Payment Plan

The deposit, advance payment, promise to sell, delivery, title deed transfer, removal of encumbrances, defects and withdrawal-from-the-contract provisions are regulated according to the file. The secure and verifiable linking of payment with registration is planned.

Title Deed or Notary Sale Transaction

Once the required documents are complete, the Web Tapu, land registry directorate or, where applicable, notarial transaction is prepared. The parties or their specially authorized representatives are present at the transaction; the registration and payment steps are followed.

Delivery and Post-Sale Procedures

Keys, actual use, meters, fixtures, site management, subscriptions and documents may be recorded in a delivery protocol. The land registry record and the transaction documents are checked; the parties are informed about the necessary tax, municipal or management notifications.

Useful Documents for the Initial Examination

  • The title deed or block–parcel/independent unit information
  • The seller's identity and contact information
  • For a company seller, the trade registry, signature and authority documents
  • Power of attorney, guardianship decision or certificate of inheritance
  • The current land registry record extract and encumbrance document
  • Condominium ownership/servitude of floor ownership records and the management plan
  • Zoning status, plan notes and map extract documents
  • The construction permit and renovation permits
  • The occupancy permit (iskân)
  • The architectural project approved by the municipality and other implementation projects
  • The building registration certificate and the related application file
  • Stop-work record, fine, demolition or sealing documents
  • The cadastral map, staking-out and survey documents
  • The valuation report and technical examination records
  • The technical specification, room finish schedule, warranty documents and delivery/incomplete work records
  • Structural, architectural, mechanical and electrical projects and the ground survey document
  • DASK (compulsory earthquake insurance), Energy Identity Certificate and necessary technical documents
  • The lease agreement, eviction undertaking and use documents
  • Dues and decision information of the housing complex/apartment management
  • Drafts of the reservation, deposit, sale or promise-to-sell agreement
  • Bank credit, mortgage, payment plan and bank receipts
  • For foreign buyers, passport, tax/foreigner identity number, translation and power of attorney documents

Not every document is sought for every property. The examination list is determined according to the nature of the property, the purpose of use, the parties and the official records that can be accessed.

Real Estate Purchase, Title Deed and Zoning Due Diligence in Antalya

Güneş & Güneş Law Firm was established in Kemer on 18 March 1999 and, with an institutional history of more than 27 years, has continued its professional activity on an Antalya-based footing since 2007. Having regard to the nature of the property and the transaction, the competent land registry directorate, municipality and court, the requirements of on-site examination and the relevant rules of procedure, our firm is able to provide legal services in legal examination, advisory, transaction follow-up and litigation processes across all 81 provinces of Türkiye.

The real estate purchases and title deed transactions in Türkiye of Turkish citizens living outside Türkiye, foreign natural persons and foreign companies can be assessed by making use of online meetings, secure document sharing and multilingual communication. In every file with a foreign element, reciprocity, military security clearance, the use of foreign documents, apostille or authentication, translation, service abroad and the enforceability of the judgment are examined separately.

With the ability to communicate in Turkish, English, German and Russian, our firm conducts the legal processes of persons and companies in different countries of the world concerning real estate purchases, title deeds and zoning examination in Türkiye to the extent the file requires. Legal services provided from the physical base in Antalya, across Türkiye and with international connections are planned with regard to the subject-matter jurisdiction, territorial jurisdiction, time-limit, evidence and representation conditions of each file.

The Approach of Güneş & Güneş Law Firm

Legal Service Since 18 March 1999

Since 18 March 1999, our firm has been providing legal advice and litigation services to its domestic and foreign clients.

An Examination That Is Not Limited to the Land Registry Record

The property is assessed together in terms of ownership, municipal–zoning, approved project, actual use, contract, payment, tax and delivery. The existence or absence of a record is not accepted as a conclusion by itself; the consistency of the records with one another is researched.

Experience in Municipal and Zoning Practice

In the legal assessment of municipal and zoning transaction files, our firm's 22 years of experience as municipal legal counsel is drawn upon. Architecture, engineering, surveying and valuation matters requiring technical expertise are handled in coordination with the relevant experts.

Legal Assessment Independent of the Seller and the Project

The legal examination is conducted independently of the seller, the real estate consultant or the project developer who markets the property, within the framework of the client's purpose, rights and transaction security.

Communication in Turkish, English, German and Russian

In transactions involving foreign buyers and sellers, communication in Turkish, English, German and Russian is offered; foreign documents, power of attorney, translation, apostille and international payment requirements are assessed according to the specific file.

Examine the Whole Property Before the Purchase Decision

In real estate purchases, legal security cannot be achieved merely by checking whether there is an attachment or mortgage in the land registry. The owner and authority of representation, the title history, the municipal zoning file, the permit and occupancy permit, the approved architectural project and the actual situation, the contract, the payment and the delivery must be assessed within the same transaction plan.

You may contact Güneş & Güneş Law Firm to have the legal, land registry, municipal–zoning and project situation of the property examined before making a deposit or advance payment; to have the valuation, comparable price and construction quality research carried out with independent experts where necessary; and to have the identified risks properly reflected in the contract and the payment plan.

Request a Property Examination

General information: This page has been prepared to provide general legal information. The records, actual condition, parties and transaction purpose of each property are different. The explanations here do not constitute a legal opinion, a technical conformity report or a commitment as to outcome; no transaction should be made without examining the specific property and documents.