Turkey · Transaction safety
Checking the seller's documents when buying a flat in Turkey
Ownership title, liens and encumbrances, spouse's consent, illegal alterations. Which documents you check yourself, and which fall within the notary's remit.
Buying a home is the one transaction where 'trust but verify' means 'verify down to the last detail'. Any of the items below can leave you without a home and without your money even after the tapu has been registered. Most documents are easy to obtain — 1–3 days and a token fee.
§ 01
Title
- 01Up-to-date extract from the tapu
Obtain a fresh extract from the property register (tapu kaydı) — no more than 5–7 days old. Everything must match: address, floor area, owner's name. Even a single letter of discrepancy is reason to stop and investigate.
- 02Basis of ownership
Sale contract, gift, inheritance or court order — study the original document. If the flat has been held by the current owner for less than 3 years, the risk that the previous transaction can be challenged is substantially higher.
- 03History of title transfers
Request the history of transfers. If the flat has changed hands several times over the past 2–3 years, this is a possible 'laundering' scheme for a problem property. Walk away.
§ 02
Encumbrances and debts
- 01Mortgage, attachment
All encumbrances are visible in the tapu extract. A flat with a mortgage can be sold only with the consent of the mortgagee bank. An attachment (arrest) — stop.
- 02Legal disputes
Check the seller in court databases. Active bankruptcy or matrimonial-property litigation is a critical risk: the court may set aside the transaction retroactively.
- 03Utility and tax arrears
Obtain a certificate confirming there is no debt on the aidat (aidat — the building maintenance charge) or the property tax. Debts stick to the flat, not to the previous owner.
§ 03
Physical condition
- 01Illegal alterations
Compare the plan in the tapu / project with the actual layout. Demolished walls, a relocated kitchen or merged bathrooms become your headache when you come to resell or take out a mortgage.
- 02Matching floor area
The area in the tapu must match the area in the technical passport. A discrepancy of even 0.5 m² is reason to ask for an explanation.
⚠ This material is for informational purposes only and does not replace legal advice. For major transactions always work with a qualified specialist in your country.