27 Nis 2023
Differences in real estate registration in Turkiye
We always compare our previous experience with the current one, therefore, it does not immediately become clear to everyone how this is happening in Turkiye.
Let's start with the fact that Turkiye has a very strong system of law, which dates back to the Ottoman Empire, so "private property" here is "not an empty phrase."
Before starting construction of a house in Turkiye, the construction company must register the ownership of the land, i.e. acquire ownership of it.
But, most often, it is not possible to completely redeem the land, because the owners understand that by participating in the project, they will earn much more than just selling the land.
Therefore, very often the developer concludes an agreement with all owners claiming this land, in which he indicates how many apartments in the project the owners of the site claim and in what proportion, and how much the developer will get.
A very important point is the fact that when purchasing an apartment in Turkiye, you will definitely acquire a shared ownership and a plot under the whole house.
That is why, we sometimes do not understand the Turkish metric area system, consisting of GROSS and NET.
Because GROSS includes, as a rule, the entire area that belongs to you by right of ownership, incl. and part of the land plot, and in NET only the area of your apartment along the perimeter, i.e. floor area, including all interior partitions, shafts, built-in wardrobes, etc.
Even when you buy an apartment under construction, in most cases you already have the right to issue a certificate of ownership (TAPU), which 100% protects your rights.
Depending on the stage of construction, TAPU changes status.
Even if, for some reason, the developer has not fulfilled its obligations, you are already the owner, not the developer.
The right of ownership is issued after the commissioning of the house. If at the time of construction the developer goes bankrupt, you need to enter into the rights to the object of construction in progress through the court.
In Turkiye, many investors prefer to purchase real estate under a notary agreement and are in no hurry to issue a TAPU, with the aim of further resale of the apartment, without registering it as a property, thereby avoiding "extra costs".
Until now, this scheme has worked here, but now, on the eve of the elections, it is becoming unsafe.
You need to understand that until you have issued a TAPU, you do not own the right of ownership.