Types of tapu (real estate status in Turkey)

Types of tapu

In Turkey, on a tapu (property certificate) you will see three items (property status): Kat İrtifakı (“kat irtifaki”) in “Kat Mülkiyeti” (“kat mülkieti”) and Devre mulk. We will not consider the last status in this article, because. practically foreign owners do not buy real estate with Devre Mulk status.

Turkish legal terminology in the field of real estate has no analogues in English, so we will try to explain the meaning of these terms as clearly as possible.

Kat İrtifakı (“kat irtifaky”) - Preliminary registration of real estate in the housing stock.

A construction company that builds a house and registers in the cadastral office, not yet existing apartments. Which are presented only on the plan marked Kat İrtifakı - preliminary registration in the housing stock, and receives separate certificates of ownership marked "separate apartment" (tour. - “bağımsız bölüm”) - that is, in reality, the land is still empty and not built up. But according to the documents, it has already been “divided” into apartments, each of which already has its own Tapu, obtained on the basis of preliminary registration in the housing stock kat irtifakı, this Tapu can already be legally sold or transferred to another owner as a separate apartment.

Relatively speaking, Kat İrtifakı is Tapu on a land plot, on which the division of the house into floors and apartments is also conditionally and preliminary indicated. Further, after receiving the iskan, it is necessary to transfer the property to the status of Kat Mülkiyeti. That is, Kat İrtifakı is just a temporary stage that serves to move on to the final fixation of a separate apartment and its registration in the Kat Mülkiyeti housing stock - after which, in Tapu, the mark of a temporary technical passport “separate apartment” (tur. - “bağımsız bölüm”) - is replaced by the final term "mesken".

• “bağımsız bölüm” is a sign of preliminary registration of an apartment, in the housing stock (and since November 2007 - also temporary - for a period of 2 years), registered in ownership at the stage of development of the land plot Kat İrtifakı.

• "mesken" is a sign of Kat Mülkiyeti - the final registration of an apartment in the housing stock, certified by the cadastral authorities, after the construction of the house is completed and put into operation.

According to the rules, it is necessary to transfer property into a housing stock, more precisely from a construction easement "kat irtifak" to a condominium - "kat mülkiyet". Tapu is exactly the same, the cross will be in the column kat mulkiyet. One TAPU differs from another in the amount of taxes. The latter is more expensive. Real estate is transferred to kat mulkiet by the tenants themselves or by the management company. At the moment, this is not the responsibility of the developer.

According to statistics, 70% of Tapu owners have a mark (“x”) in the column “Kat İrtifakı”. On November 14, 2007, the Turkish Parliament adopted a new law No. 5711 on housing stock. According to a law passed at the end of 2007, it is necessary to re-register property documents so that the “x” mark moves from the “Kat İrtifakı” column to the “Kat Mülkiyeti” column.

Ideally, tapu with the status of Kat Mülkiyeti” should also be received by the developer after receiving the Genel iskan, that is, after the building is put into operation. Usually, construction companies do not do Kat Mülkiyeti tapu (changing the type/category of real estate), as this is an additional material and time cost, and there are no incentives in the form of penalties for this.

The transfer of tapu from Kat Irtifaki to Kat Mülkiyeti is the formality that the state really needs most (additional fees and taxes upon registration, and most importantly, a high annual property tax rate). That is why in recent years there has been active talk that after the issuance of the act of commissioning, the municipalities themselves will notify the Cadastral Office about this, and the Cadastral Office will themselves change Kat Irtifaki to Kat Mülkiyeti.