The title deed or the “ownership document” of a property in Turkey, is considered the document expressing the ownership of a person or group of people of a property, and the presence of this document means clarity of vision in everything related to the property, and its absence means a problem somewhere, in this article we will explain the difference between the two important classifications of title deed as they are the agricultural title deed and the residential or construction title deed.
Residential Tapu "Red Tapu"
The residential title deed expresses the ownership of the property that formally designated in order to construct units on it for the purpose of housing and living on it, and it usually bears the red color, and this is to distinguish it from other ownership documents types.
This document is issued from the Turkish Land Registration Department that is affiliated with the real estate area "Tabu Department", and the absence of this document means that there are problems somewhere during the registration process or that the conditions for construction, taxes or official transaction have not yet been completed.
The residential title deed contains many information describing two main parts: the property itself and the property's owner.
The presence of a residential ownership document means that the land on which the construction is or will be built is a land for construction or suitable for construction, but what is the land that suitable for construction? How is it determined by the municipality?
The buildable land, or what the Turks express by the word Imarli, is the land that is suitable from the municipality’s point of view for housing projects and buildings to be built on. It is determined whether the land is suitable for building housing units according to the following:
Depending on the nature of the land:
If the land is loose, muddy, or in a state of instability, then the government may not allow building on it.
According to the urban expansion plans of the municipality
The municipality in every district in Istanbul has a plan for each region. There are what is intended for housing construction, some are intended for gardens, and some will remain agricultural for the current period. For example, it is known that the lands that were located in areas such as Buyukcekmece, which were mostly agricultural, are now constructive lands, whose owners are allowed to establish real estate such as villas, apartments, etc.
The municipality gives permission to the owners of each land to build on it if they like it. Accordingly, the owner of the property can then proceed with the construction.
Agricultural title deed or "blue title deed"
In case that the municipality did not give permission to build on the land, the title deed expressing this situation is the land title deed or the agricultural title deed, which is called in Turkish language as Tarla Tapusu.
The agricultural title deed is distinguished by its blue color, and it contains land registration information and the information of its owner, and the owner of such a land can do all agricultural work such as planting crops, raising cattle, raising poultry ... etc.
The owner of agricultural land cannot build units for the purpose of housing and living within the land that has an agricultural title deed, and therefore any construction process of real estate on the land will be a violation of the law and expose the owner to legal accountability and loss of money, so the municipality may take a decision to remove this violation and remove the property.
Checking when purchasing residential land
When the municipality grants permission to real estate and land in a region with the possibility of establishing housing in it, this does not mean that the title deed for these lands has become residential, but the transaction to change the gender of the title deed must be performed by the owner, and this will result in certain fees that the owner pays.
When you buy a property or land, you must pay attention to the fact that the title deed is a residential title and not an agricultural one, because the owner of the land may sell you the land and what is on it but in fact he is only selling you an agricultural land.
In case that you want to buy a property on a land, you must make sure that the title deed concerning this property is a residential title and not an agricultural one, as the order may be issued by the municipality to allow construction on certain lands, but the landowners may not change the gender of the property in the Land Registry Department, and this means that You must make sure of the existence of this permission, or you can ask the owner of the property "seller" to change the gender of the property in order to be able to buy with peace of mind.
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