Title Deed and
Property Due Diligence

01 / Property review

Title Deed Checks and Property Due Diligence in Turkey

Property due diligence is a legal review of the property, the seller and the rights that may affect a purchase. Legal Istanbul examines the available records, explains the findings and identifies what needs to be resolved before signing, payment or transfer.

What is checked

Ownership, registered rights, authority and relevant property records

What you receive

Written findings, outstanding questions and advice on the next step

A title deed, often called a tapu, is an important starting document. It is not a complete account of the property's current legal and physical position. Later entries, building changes and rights arising outside the register may require further investigation.

This service focuses on the checks before a commitment. Our real estate purchase service covers the wider transaction, including contracts, payment arrangements and completion. The two can form part of one agreed engagement, or a buyer can request a defined review of a particular property.

The review should start with your purpose. A home for personal use, a rented shop and land intended for development raise different questions. Explain any planned borrowing, business activity, residence application or citizenship application before the scope is agreed.

02 / Scope of work

How Legal Istanbul Reviews a Property

The work connects the records with the decision you need to make. A translated title copy or a list of entries is useful, but the legal advice must also explain their effect on your proposed purchase.

The engagement identifies the property and the searches included. Legal review does not automatically include a structural survey, market valuation, tax opinion or court proceedings. Any additional work and fees are discussed separately.

Documents provided by a seller are assessed against the sources available through authorised channels. We distinguish an official record from a party's statement and a verified fact from an unanswered question. Missing information remains a limitation; it is not treated as confirmation that no problem exists.

03 / Evidence and access

Current Registry Records and Public Searches

A photograph of a title deed may identify the property, but its date matters. Ownership, mortgages and court entries can change after the copy was issued. The review therefore considers current records and, where relevant, the documents supporting an entry.

Access is subject to legal requirements. Article 1020 of the Civil Code allows a person who shows a credible interest to request inspection or copies of relevant registry records. Owner cooperation or suitable authority may be needed for particular enquiries. A general internet search does not provide unrestricted access to another person's records.

TKGM's public parcel search helps identify a location and basic parcel information. It does not display the owner's name or provide the full legal review needed for a purchase. A map screenshot should not be treated as a current certificate that the property has no restrictions.

Keep the source and date with each document. Where records conflict, the difference needs an explanation before relying on either version. The scope of any historical review should also be agreed; not every purchase requires the same depth of investigation.

Sources: TKGM's rules on access to records and its public parcel-search explanation.

04 / The property being offered

Matching the Title to the Property You Viewed

The address used in an advertisement may not identify the legal object being sold. The title, approved plan and proposed contract should refer to the same parcel, building and independent unit. The unit shown at a viewing must also be matched to those records.

Advertised floor area also needs care. Gross area, internal area and an area including shared spaces can produce different figures. Legal documents and a suitable physical measurement should be compared before a size promise becomes part of the agreement.

A title entry alone does not establish the exact physical boundary on the ground. If boundaries, access or neighbouring occupation are disputed, a qualified surveyor may be needed. The legal review should identify that need without presenting an online map as a formal boundary survey.

05 / Parties and representation

The Owner, the Seller and the Person Signing

The person advertising a property may be an agent rather than its owner. The contract should identify the actual seller, and the file should explain why the proposed signatory can act for that seller. Authority to arrange viewings does not itself establish authority to transfer title.

For a company seller, review current company records, signing authority and any approval needed for the transaction. An individual's business card or earlier signature on a different contract does not answer those questions. Check any change in the proposed seller before money is sent.

For inherited property, the ownership and inheritance documents need to be read together. One family member's agreement may not be enough to sell the whole property. A minor owner or a person acting through a guardian can introduce additional approval requirements.

A power of attorney should be checked for the relevant transaction, limits and continuing validity. Documents issued abroad may require an apostille or consular legalisation and an accepted Turkish translation. Certification alone does not cure wording that fails to authorise the required act.

Source: TKGM's guidance on powers of attorney issued abroad. Our property representation article provides further background.

06 / Mortgages and restrictions

Understanding the Entries on the Title

The term takyidat is commonly used for rights and restrictions affecting a property. Entries do not all have the same effect. The wording, legal basis, date and supporting document matter more than a simple statement that the title is clear or not clear.

A mortgage does not necessarily prevent a transfer, but it can expose the property to the creditor's rights after purchase. Paying the debt and removing the mortgage from the register are separate steps. The agreement should state how and when the required discharge will be confirmed.

Do not rely only on the seller's statement that an entry is old or no longer relevant. Obtain the relevant evidence and confirm the current registry position. TKGM's mortgage guidance explains the bank's role in submitting discharge documents.

07 / Rights beyond the offer

Shared Ownership and Family Home Questions

A share in land is not automatically exclusive ownership of a particular apartment or a physically marked part of a plot. Informal arrangements between owners need to be distinguished from the right recorded in the register.

When a co-owner sells a share to an outside buyer, other co-owners may have a statutory right to buy that share on the applicable terms. The sale, exceptions, notices and any waiver need individual review. Do not assume that an informal statement from one owner removes every other owner's rights.

A property used as the family home may raise a spouse's consent issue. Absence of a family-home entry should not end the enquiry where the facts suggest this use. The evidence, consent position and protection available to a buyer require legal assessment.

These issues are reasons to examine the facts, not to assume that every shared or family-owned property is unsuitable. Explain who occupies the property, what each person claims and what the seller has promised to provide before completion.

Legal framework: Civil Code Articles 194 and 732 onwards. Applicable deadlines and formalities should be checked for the particular transaction.

08 / Planning and building records

Building Permissions and the Approved Use

Legal ownership and lawful use are different questions. A registered property may still have problems with building permission, later alterations or the activity proposed by the buyer. The review should connect the title with the relevant planning and building records.

Check the approved project, construction permission and available use permission, commonly called iskan. An enclosed balcony, extra floor or converted basement may not match the approved file. The legal response depends on the change and the authority's records.

Kat irtifaki refers to rights connected with a building project; kat mulkiyeti concerns ownership of an independent unit under the condominium system. Neither description replaces a review of the building's present condition and documents.

For a business, confirm that the proposed activity fits the planning position, building rules and any separate licensing requirements. A shop description does not automatically permit every commercial use. A legal review does not certify structural or earthquake safety; those questions need qualified technical advice.

Sources: Condominium Law No. 634, the Ministry's E-Plan information and building-permission guidance.

09 / Possession and ongoing costs

Tenants, Building Rules and Management Charges

A sale does not automatically end an existing tenancy. Under Article 310 of the Code of Obligations, the new owner becomes a party to the lease. Review occupation before assuming that the property will be empty when ownership changes.

Ask for the lease, payment history, deposit details and any written promises about leaving. Compare those documents with the actual occupation. A seller's assurance that the tenant will move out should not replace a legally supported handover arrangement.

For an apartment or managed development, review the management plan, current charges and available decisions about major works. Matters such as roof repairs, lifts, shared parking and disputes over common areas may affect the cost and use of the property.

The purchase agreement should allocate relevant expenses between buyer and seller. That agreement does not necessarily remove rights held by the management or another third party. The legal review must distinguish the parties' promises from obligations that arise under law.

Sources: Code of Obligations Article 310 and Condominium Law No. 634. Possession disputes are addressed through our rental law service.

10 / Property-specific checks

Land, Off-Plan Units and Developer Authority

For land, establish the registered category, access and current planning position. Nearby buildings do not prove that the same development is allowed on the parcel offered. A proposed plan change should be distinguished from an approved plan already in force.

Planning notes, public-use allocations and any protected status may affect what can be built. The official planning file and specialist advice should support the assessment. An expected future permission should not be described as an existing right.

For an off-plan unit, the developer may not own all the land. Review the relationship between the landowner and developer, the authority to sell the particular unit and the promised route to title. Payments and delivery promises should match that legal structure.

A legal review cannot confirm future construction progress or the developer's ability to finish the project. Financial and technical enquiries may also be appropriate. Missing documents, an unclear unit allocation or conflicting agreements should be reported before the buyer commits further funds.

Our article on off-plan delivery problems addresses the separate position where the project is already delayed.

11 / Buyer and purpose

Foreign Ownership and Immigration Objectives

The property's position is only one part of the review. A foreign buyer must also be eligible to own the relevant property. Nationality, location, ownership limits and any required permission should be checked for the actual buyer and parcel.

An individual, a foreign company and a Turkish company with foreign shareholders are not treated as the same category. The proposed structure should be reviewed before a contract names the purchaser. Changing the buyer late in the process can require fresh checks and documents.

A property that can lawfully be purchased is not automatically suitable for a residence or citizenship application. Those goals need a separate assessment before the buyer relies on an agent's statement. Required valuation documents and investment conditions should be checked under the current procedure.

See our citizenship by investment service and residence permit service. Neither an asking price nor a positive title review guarantees an immigration decision.

Source: the Investment Office's guidance on foreign buyers.

Capital gains tax, the title deed fee and the transfer of the sale price when a foreign owner sells property are explained in detail in the guide for foreigners selling property in Turkey.

12 / Preparing the file

Documents Needed for a Property Review

Send the material already available rather than waiting for a perfect file. The first review identifies missing records and the authority needed to obtain them. The following list is a starting point, not a fixed requirement for every property.

Explain who supplied each document and whether an original or verified copy is available. Translations should help the reader understand the source; they do not establish that the source is authentic or complete.

Do not send account passwords or one-time login codes. Access to official information should follow the appropriate authorisation process. Documents containing personal information should be shared only through an agreed channel and for the review concerned.

13 / Reporting the result

The Written Review and Outstanding Questions

A useful report connects each issue to the evidence and the proposed purchase. It should state what was checked, when the information was obtained and what remains outside the agreed scope. A short conclusion should not hide an important qualification in an attachment.

The result is not a guarantee that the property has no possible defect. Records may be incomplete, facts may change and some issues require inspection or further proceedings. These limits should be clear enough for the buyer to decide whether to proceed, seek changes or pause.

A report prepared for one unit or buyer should not be reused for a different purchase without review. A change in the unit, seller, intended use or ownership structure may alter the legal assessment.

14 / Organising the review

The Review Process, Timing and Fees

The timetable depends on access to records, the property's history and how quickly missing information becomes available. A fixed completion date should not be promised before those matters are understood.

1. 01

   Define the Scope

   Identify the property, buyer, intended use and next deadline.

2. 02

   Collect Records

   Obtain the available documents through appropriate channels.

3. 03

   Review and Query

   Compare records and investigate relevant differences or gaps.

4. 04

   Explain Findings

   Provide written advice and identify outstanding conditions.

5. 05

   Agree Follow-Up

   Confirm any further checks, negotiations or completion work.

Fees reflect the agreed work rather than a promise that the property will pass review. Registry documents, translations, valuation and technical services may involve separate costs. The engagement should explain what is included and when additional approval is needed.

A buyer abroad can often arrange an initial document review remotely. Formal representation or access to particular files may need a suitable power of attorney. Let us know about a reservation expiry or payment date at the start so the immediate risk can be considered.

15 / Before the next commitment

Resolving Problems and Checking Again Before Transfer

Findings should lead to clear decisions. Where a problem can be addressed, the agreement should identify the required action, who must take it and what evidence will show completion. A promise to resolve a matter later is not the same as proof that it has been resolved.

Conditions may concern removal of a mortgage, corrected property details, accepted authority or an agreed occupation arrangement. The response to a missed condition also needs attention: postponement, a revised agreement or another remedy depends on the contract and law.

The title position should be checked again at the relevant completion stage. A review carried out earlier does not freeze the register or prevent new entries. The person coordinating transfer should know which findings remain open before payment and signing are arranged.

If a deposit has already been paid, do not assume that every negative finding automatically creates a refund right. Preserve the agreement, messages and payment evidence, and obtain advice before cancelling or missing a contractual deadline. Separate dispute work may be required.

Our property due diligence article remains available as background reading. Advice on the actual purchase is based on the current file and the scope agreed with the client.

16 / Common questions

Questions About Title Deeds and Property Checks