This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tapu Devri: Satıştan Önce Kontrol Edilecek On Şey.
The decisive step in a property purchase is what you check before you reach the land registry. Mortgages, attachments and annotations on the title, and the zoning and building status at the municipality, cannot be corrected after the transfer. Note also that a promise-of-sale agreement is valid only if executed before a notary; a handwritten "sale contract" transfers nothing.
Buying a home is the largest legal transaction most people ever make, yet the checklist is often reduced to a single question — "is the title clean?". The real risks sit both on and off the register. Below are the ten headings to work through.
What to Check on the Title Register
1. Owner and share. Is the seller actually the registered owner, and is the ownership whole or shared? Where it is shared, the other co-owners hold a right of pre-emption, exercisable within three months of the sale being notified to them and in any event within two years.
2. Encumbrances. Mortgages, attachments, injunctions, usufruct, the family residence annotation, a promise-of-sale annotation. These appear on the encumbrance certificate obtained from the register.
3. Family residence annotation. Where the property is the family residence, it cannot be transferred without the express consent of the non-owner spouse (TMK art. 194). Consent may be required even where no annotation appears.
4. Mortgage. A mortgaged property can be sold, but the mortgage stays with the property. The safe course is to discharge it out of the purchase price and complete the release on the same day.
5. Description and character. If the register says "land" but a building stands on it, the description has not been corrected. This complicates mortgage lending and any later sale.
What to Check Away from the Register
6. Occupancy permit. Without one, utility connections are problematic and condominium ownership cannot be established. Check with the municipality.
7. Construction servitude or condominium ownership? A construction servitude is a right over an independent unit in a building not yet completed; condominium ownership is established on completion and is the stronger right. When buying under a construction servitude, check the occupancy position separately.
8. Zoning status. Obtain the zoning certificate from the municipality. Ask whether the building conforms to its permit and whether any stop notice or demolition decision exists.
9. Service charge and tax debts. Check the service charge with the building management and property tax with the municipality. Under the Condominium Act, a buyer of an independent unit is jointly liable for the previous owner's service charge debt.
10. Tenancy. A sale does not end an existing tenancy. A new owner seeking possession for their own need must give written notice within one month of acquisition and bring the action six months later.
| Where | What to check |
|---|---|
| Title register | Mortgage, attachment, usufruct, family residence annotation, lease annotation |
| Municipal zoning department | Zoning status, land surrendered to road or green space, unauthorised construction record |
| Municipal property tax office | Property tax debt, assessed value |
| Condominium file | Management plan, decisions on common areas |
| Building management | Service charge debt, forthcoming common expense decisions |
| Building registration certificate | Validity, where the building falls under the zoning amnesty |
| Building permit and seismic compliance | Permit and occupancy status of the structure |
Service charge debt follows the property, so obtain a clearance letter from the building management before the transfer.
The Promise-of-Sale Agreement
The sale of immovable property is effected only by official deed at the land registry. Nothing else transfers ownership.
A promise-of-sale agreement is nevertheless a valid contract, provided it is executed before a notary in the form of a deed drawn by the notary. It gives the buyer a right to demand the transfer.
The agreement can be annotated on the title, which makes it enforceable against third parties. The annotation is effective for five years.
It is the usual instrument in construction-in-return-for-land arrangements and off-plan purchases. Privately signed agreements are void in relation to immovable property and give the buyer no protection.
Why Understating the Price Is Risky
Declaring a price below the real one to reduce the transfer duty is common practice. It creates three distinct risks, and all three fall on the buyer.
Tax risk. If the real price is established, the underpaid duty is demanded together with a tax loss penalty and default interest.
Evidential risk. If the sale is later held void, or the price has to be refunded for defect, you recover the amount stated in the deed. Proving the difference is difficult.
Capital gains risk. If you sell within five years, capital gains tax arises on the difference between purchase and sale price. An understated purchase price makes that difference larger.
Make payments through a bank, with a description on the transfer. The bank records are the strongest evidence available.
On the Day of Transfer
- Check the encumbrance certificate again on the day itself — an attachment may have been registered in the meantime.
- Check identity documents and any power of attorney. It must contain express authority for the sale of immovable property and must not have been revoked.
- Pay at the moment of transfer, not before.
- Read the price, property details and party details on the official deed.
- After the transfer, take over the utility accounts and file the property tax declaration.
If the seller is acting through a representative, confirm the power of attorney with the issuing notary. Transfers made on forged powers of attorney are a recognised fraud.
A certificate that was clean a week ago may not be clean today: an attachment or injunction can be registered at any point up to the transfer. Re-check on the day of the appointment, pay at the moment of transfer, and pay through a bank. Understating the price does not protect the buyer; it exposes them.
Frequently Asked Questions
What should I check on the title register?
Owner and share, encumbrances (mortgage, attachment, injunction, annotations), the family residence annotation and the description of the property.
Can I buy a mortgaged property?
Yes, but the mortgage stays with the property. Discharge it out of the price and complete the release on the same day.
Am I liable for the previous owner's service charge debt?
Yes. Under the Condominium Act the buyer is jointly liable. Obtain a clearance letter from the building management before the transfer.
Is a promise-of-sale agreement valid?
Only if executed before a notary as a notarial deed. It can then be annotated on the title. Privately signed agreements are void for immovable property.
Is understating the price in the deed risky?
Yes. The underpaid duty is demanded with penalties, you can recover only the stated amount if the sale fails, and your future capital gains tax increases.