Article: Property law and title deed transfer


Author: Berk Çektir  Emailberk.cektir@cektirlaw.com  Full Profile here

21 December 2015

Property law and title deed transfer

What are the most important matters demanding attention when buying a property in Turkey?

The ownership

Who owns the property? The ultimate source of updated information on the ownership of a property in Turkey is the land registry directorate records. Please rely on the information from this office and nothing else. A certificate of land registry may also be an old one, so do not only rely on the certificate.

Liens and remarks on the land registry

A buyer is supposed to check liens and restrictions on the property, so if you buy a property with liens on, it is assumed you are aware of this.

How to check the registration of a property

It is assumed that buyers are aware of liens because land registry records are open to the public. Despite this, registry records are not easily accessed. In practice, it takes tears, time, effort and frustration to find out the information. It is doable, but I suggest that you hire a professional to perform the task for you. As mentioned above, if you do not check the ownership rights before you purchase a property, you are exposed to the risk of buying it with liens.

Check if the owner is able to submit to you the habitation certificate.

The habitation certificate is important; however, there are buildings in which people are living without a habitation certificate. In practice, construction work is done on the basis of a written agreement between the contractor and client. Within the framework of such a contract, a contractor undertakes the construction of a building for a client in consideration of a certain fee. A contractor is under obligation to commence, continue and accomplish construction in a timely manner. In some cases, the habitation certificate is not provided by a contractor. There may be several reasons for this, and the most important reason could be that the final structure of the building is not in line with the plans or the zoning plan. It should be highlighted that occupancy permits can only be granted by authorities upon the completion of the construction. In Turkey, a completed building can enter legal use after obtaining construction, zoning and occupancy permissions. Most locals do not worry about it though, and there are buildings inhabited in the absence of a habitation certificate. However, it is not a good idea to buy a property without a habitation certificate as this is an obstacle to many transactions. For instance, banks will not finance a building without a habitation certificate.

These three items are the most important elements of a property transaction. There are certainly a lot of things to be considered, and if you would like to know about a particular matter please do not hesitate to ask.

Disclaimer: this article was accurate at the time of publication (21st December 2015). Before relying on its contents, consult a legal advisor for any relevant updates and applicability to your interests.







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