The purchase and sale of immovable property is a legal transaction that transfers the right of ownership under the Turkish Civil Code and related legislation. It involves high financial value and, given its legal consequences, demands careful handling. In locations with an active property market such as the Fethiye region, the legal checks carried out before a transfer are of critical importance.
1. Legal Review Before the Transaction
Because the land registry (tapu sicili) is public, a detailed review of the property must be carried out before the transfer. At this stage the following must be examined carefully:
- Encumbrance search (takyidat): whether any restriction has been established in favour of third parties, such as a mortgage, an attachment, a usufruct right or an interim injunction,
- Zoning and building control status: the position of the property in the zoning plan, the status of its occupancy permit (iskan) and whether the property conforms to the approved project,
- Consistency between the factual and the registered situation: whether the information in the land register record matches the actual use of the property. Otherwise, in disputes arising from zoning issues after the transfer, liability may fall on the buyer.
2. Procedures Before the Land Registry Office
Title deed transfers are initiated by taking an appointment through the “Web Tapu” system at the relevant Land Registry Office (Tapu Sicil Müdürlüğü). The file is completed once the parties have declared their intention and the required legal documents have been submitted.
3. Minimum Legal Documents
Submitting the following documents is a legal requirement for the file to be completed:
- Identity documents of the parties
- Compulsory Earthquake Insurance (DASK),
- For foreign nationals: a tax identification number, a Foreign Currency Purchase Document (DAB) and, as required by law, a declaration of intent made in the presence of a sworn translator.
4. Financial Obligations (2026 Period)
In transfers of immovable property, the title deed fee calculated on the transaction value under the Fees Act no. 492, the revolving fund fee and other related taxes must be paid. Although in practice the fee is usually paid by the buyer, it should not be forgotten that in law the parties are liable for it in equal shares.
5. Transaction Security: Secure Payment System at the Land Registry (TGÖS)
To minimise the risks arising from the time gap between the transfer of ownership and the payment of the price, the “Secure Payment System at the Land Registry” (TGÖS), offered by the General Directorate of Land Registry and Cadastre, should be preferred. This system holds the price in a blocked account and releases it to the seller at the moment of transfer, which makes it the safest legal method.
6. Legal Risks and Disputes
The main risks encountered in property transfers are as follows:
- Carrying out an incomplete or incorrect preliminary review,
- Overlooking unpermitted construction or breaches of zoning legislation,
- Failing to check the scope of the authority granted in transactions carried out under a power of attorney,
- Declaring the sale price in the land register below its real value (this creates tax and penalty risk).
- Fraud schemes known in Türkiye as “sazan sarmalı”, in which the buyer is manipulated into an inflated payment
7. The Importance of Legal Advice
Property law sits at the intersection of technical, administrative and civil law rules. Particularly in high-value sales, in transactions involving a foreign element or in properties carrying zoning risk, proceeding under the legal supervision of a lawyer is a necessary measure for the soundness of the process and for avoiding a possible loss of rights.
Av. Şükrü Köse provides full legal services in title deed procedures. You may contact us for your requests for support on this matter.
**This article has been written for information purposes only and does not constitute legal advice. Each case must be assessed on its own facts. Title Deed Procedures in Fethiye (2026 Updated Step-by-Step Guide)
