Architecture Term

Title Deed (Tapu)

In Turkey, the land registry record showing who owns a property and which rights exist on it; in everyday use the document of that record (the title deed) is also called tapu. Under the Turkish Civil Code, Article 997, the land registry consists of the title register, the condominium register and supporting documents. Under the Zoning Law, Article 22, it is one of the documents attached to a building permit application.

Also available in:Türkçe (Tapu)·سند الملكية (الطابو)

What the land register consists of

Under Article 997 of the Turkish Civil Code, a land register is kept to show the rights over immovable property. It consists of the land book (tapu kütüğü) and the condominium book (kat mülkiyeti kütüğü), together with the daybook, documents and plans that complete them[1]. In everyday speech "tapu" usually means the title deed, the document of this record.

Official form for a transfer

Under Article 706, contracts aiming to transfer ownership of immovable property are valid only if drawn up in the official form[1]. So a sale contract not made in the official form does not transfer ownership by itself.

The title deed in construction

Under Article 22 of the Zoning Law, the title deed (or, in exceptional cases, a document replacing it) is attached to the building permit application[2]. Article 55/2 of the Planned Areas Zoning Regulation also requires a land registry extract with a staking-out sketch when applying for the zoning status document, and under Article 55/8 no building permit can be issued without the consent of the parcel's owner or owners[3]. On a co-owned plot, everyone's approval is therefore needed. For what to check when buying land see our article on what to check when buying a plot.

Frequently asked questions

What does the land register consist of?

Under Article 997 of the Turkish Civil Code, the land book and the condominium book, together with the daybook, documents and plans that complete them.

Is a title deed needed for a building permit?

Yes. Under Article 22 of the Zoning Law the title deed (or, in exceptional cases, a document replacing it) is attached to the permit application.

Can a permit be obtained for a co-owned plot?

Under Article 55/8 of the Planned Areas Zoning Regulation, no building permit can be issued without the consent of the parcel's owner or owners; on a co-owned plot the co-owners' approval is therefore needed.

Sources

  1. Turkish Civil Code (No. 4721), Articles 706 and 997 (official form, land register)
  2. Zoning Law (İmar Kanunu, No. 3194), Article 22 (permit application and title deed)
  3. Planned Areas Zoning Regulation (Planlı Alanlar İmar Yönetmeliği), Articles 55/2 and 55/8 (application documents, owner consent)

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