Buying a Resale Apartment in Turkey: Title Deed, Debts, Iskan and Seller Checks
Before paying a deposit for a resale apartment in Turkey, verify the live title record, the seller's authority, mortgages and other restrictions, building debts, occupancy permission and whether the apartment physically matches its approved documentation.
A resale apartment can offer immediate use, an established neighborhood and visible building conditions. It can also carry problems that are difficult to detect during a viewing: an unreleased bank mortgage, an enforcement attachment, unresolved inheritance, unpaid site charges, an absent occupancy permit or alterations that do not match the approved project.
The safest sequence is simple: identify the exact independent section, review the current official record, investigate the building and seller, agree how every debt will be discharged, and only then release money. An old paper TAPU or a screenshot sent by the seller is not a substitute for checking the current registry position.
This guide applies to Turkish and international purchasers. Foreign natural-person buyers should also account for the current valuation and foreign-exchange documentation requirements described below.
Documents to obtain before paying a deposit
Ask the seller or authorized representative for a document pack before negotiating final payment terms:
- A copy of the TAPU showing the province, district, neighborhood, block, parcel and independent-section information.
- The seller's identity document and, if applicable, the representative's power of attorney.
- A current official title record showing mortgages, attachments, annotations, declarations and registered rights.
- The building's yapı kullanma izin belgesi, commonly called iskan, or written confirmation of its current status from the relevant municipality or authority.
- The approved architectural plan or access to it when the layout, terrace, storage room, roof space or combined rooms require verification.
- A signed management statement showing current apartment dues, special assessments and any pending major expenditure.
- Recent electricity, water and gas bills where applicable.
- Municipal property-tax receipts or a current municipal account statement.
- The lease and tenant handover terms if anyone occupies the apartment.
- A written inventory covering furniture, appliances, air conditioners, storage areas and parking rights included in the price.
Buyers comparing ready homes can start with the RestProperty resale property catalogue, the wider Turkey property catalogue or the dedicated selection of apartments for sale in Turkey. Document checks must still be completed for the specific apartment selected.
How to read the TAPU and live title record
The TAPU identifies the registered real estate interest, but due diligence must go beyond checking the owner's name. Match every registry identifier to the apartment being shown. In a multi-block complex, the same door number may appear in more than one block, and marketing names such as “A Residence, sea-view flat 12” are not legal identifiers.
| Item | What to verify | Why it matters |
|---|---|---|
| Owner | The registered owner matches the person selling, or a representative has acceptable authority. | A broker, relative, tenant or former spouse cannot transfer ownership merely because they possess keys or documents. |
| Block and parcel | Ada and parsel details correspond to the correct land and building. | They distinguish the legal parcel from neighboring buildings with similar names. |
| Independent section | Bağımsız bölüm number, floor, entrance and property type match the apartment. | The apartment viewed must be the independent section transferred at the title office. |
| Land share | Arsa payı is recorded and consistent with the registered unit. | It can affect common-property rights and allocation of some building obligations. |
| Title status | Determine whether the record shows kat mülkiyeti, kat irtifakı, shared land ownership or another status. | These statuses are not interchangeable and require different levels of building-document scrutiny. |
| Property use | The registered nature is residential if an apartment is being sold for residential use. | A shop, office, depot or land share marketed as an apartment needs additional legal review. |
Kat mülkiyeti
Kat mülkiyeti is registered condominium ownership of a completed independent section. It is normally the clearest status for a finished resale apartment, but it does not eliminate the need to check restrictions, later alterations, management debts or physical defects.
Kat irtifakı
Kat irtifakı is a construction servitude connected to a planned independent section. Completed buildings can sometimes remain recorded under this status. If a resale apartment is still kat irtifakı, establish whether the building has iskan, why conversion to kat mülkiyeti has not occurred and whether the completed building matches its approved project.
Arsa tapusu or a land share
A land-share title is not equivalent to a separately registered apartment. Do not rely on statements that a particular flat “belongs to this share” without specialist review of the registry, project, possession arrangement and possibility of establishing condominium ownership.
Check mortgages, liens and restrictions before transfer
The current title record may contain a mortgage, enforcement attachment, public lien, usufruct, residence right, family-residence annotation, sale promise, court measure, easement or another declaration. The Turkish term takyidat is commonly used for these encumbrances and restrictions.
Do not accept “the mortgage has been paid” as proof that the mortgage has disappeared. Repayment of a loan and removal of the registered mortgage are separate practical stages. The record should show the release before or as part of a controlled closing procedure agreed with the creditor and title office.
If sale proceeds are needed to repay a mortgage, the contract should identify:
- The creditor and current payoff amount.
- The bank account receiving the payoff.
- The procedure and timing for mortgage release.
- What happens if the release cannot be registered.
- When the remaining purchase price becomes payable.
An apartment can sometimes be transferred with a registered burden still attached, but a buyer should never accept this accidentally. A contractual promise by the seller does not itself remove a mortgage, attachment or registered right.
Debt checks: title debts and practical building debts are different
No single “debt-free certificate” covers every possible liability. Title restrictions, municipal accounts, site-management charges and utility balances come from different records. Check each category separately.
| Debt or burden | Where to check | Evidence to request | Closing response |
|---|---|---|---|
| Bank mortgage | Current title record and creditor bank | Payoff statement and registered release plan | Pay creditor through a controlled payment sequence and verify deletion from the record. |
| Enforcement attachment or public lien | Current title record and relevant authority | Official release or written discharge procedure | Do not rely on a seller's private promise to remove it after transfer. |
| Site aidat | Building or complex management | Signed account statement, receipts and details of special assessments | Settle and document responsibility before handover. |
| Municipal property tax | Relevant municipality | Recent receipts or municipal account confirmation | Include settlement in the pre-closing checklist. |
| Electricity, water and gas | Supplier bills and subscriber accounts | Latest bills, meter readings and closure or transfer records | Record readings at handover and state who pays the final bills. |
| Major building works | Management minutes and operating budget | Decisions for facade, roof, lift, pool or generator expenditure | Allocate approved but unpaid assessments expressly in the contract. |
A management no-debt letter is useful, but it does not prove that the TAPU is free of mortgages or attachments. Also inspect meeting minutes for planned expenditure. A seller may be current on monthly aidat while a substantial roof, lift or facade contribution has already been approved.
Iskan: what it proves and what it does not
Iskan is the common name for the yapı kullanma izin belgesi, or building occupancy permit. The competent authority is generally the municipality or other administration authorized to issue building permissions. Ministry guidance also identifies an approved architectural project and occupancy permit among the documents relevant to establishing kat mülkiyeti.
For a resale buyer, obtain the actual building permit information or direct official confirmation. A statement from the seller or building manager that “everyone has been living here for years” is not evidence of iskan.
Questions to ask about iskan
- Is the permit for the complete building, a completed part or a particular stage of a multi-block development?
- Does it cover the block containing the apartment?
- Does the building's current physical condition remain consistent with the approved project?
- Have balconies, terraces, roof areas, basements or common spaces been enclosed or converted?
- If the title remains kat irtifakı, what is preventing conversion to kat mülkiyeti?
Iskan is important, but it is not a warranty covering structural condition, earthquake performance, waterproofing, insulation, management quality or every later alteration. These require separate technical and documentary checks.
Seller checks: identity, authority, inheritance and companies
Individual owner
Match the seller's identity to the live registry entry, including name and identifying details. If names differ because of marriage, transliteration or another change, require an official explanation rather than accepting an informal spelling assumption.
Power of attorney
If a representative signs, have the title office or an independent Turkish lawyer confirm that the power of attorney is acceptable for the intended transaction. Check the principal, representative, property or transaction scope, power to sell, power to receive money and any limitations. Foreign-issued documents may require legalization or apostille and a Turkish translation, depending on their origin and format.
Inherited apartment
When the registered owner has died, the heirs cannot safely proceed as though the old TAPU were still transferable by the deceased owner. Confirm the inheritance documentation, registered succession, identity of every person whose participation is required and any dispute or court measure. Do not pay a deposit to one heir merely because that person has the keys.
Multiple owners
Check every registered share and confirm how all required owners will participate. One co-owner cannot promise transfer of the others' shares without valid authority.
Company seller
If a company owns the apartment, verify its current registration, representatives and authority for the sale through appropriate corporate records. Payment instructions should name the legitimate recipient and match the documented transaction structure.
Spouse, tenant or occupant
Ask who lives in the property and on what basis. Investigate any family-residence annotation or claimed right of occupation. If the apartment is tenanted, review the lease and agree vacant-possession or tenancy terms in writing. Title transfer does not physically remove an occupant on closing day.
Foreign buyers: valuation report, DAB and payment records
TKGM states that a valuation report is required in designated transactions when a foreign natural person is the buyer. The report must be processed through the authorized system and should be arranged before the title appointment. Confirm applicability and validity for the exact transaction rather than ordering an informal market opinion.
TKGM also states that foreign natural persons purchasing real estate must submit a Döviz Alım Belgesi, or DAB. The buyer's foreign currency is sold through a bank to the Central Bank mechanism, and the bank issues the DAB for the title procedure. The Turkish lira amount recorded in the DAB is reflected in the official deed as the value used for title-fee purposes. Citizenship-linked acquisitions have additional bank-transfer evidence requirements.
Do not convert funds, pay the seller or prepare a DAB without coordinating the names, amounts and timing with the bank and transaction professional. A mismatch between the buyer, transaction value, bank receipt and title application can delay closing.
2026 title-transfer costs and worked examples
Under the title-fee rule summarized by TKGM, the fee for an ordinary sale is calculated at 2 percent for the buyer and 2 percent for the seller, based on the declared transfer value, which must not be below the applicable property-tax value. This produces a combined statutory title fee of 4 percent.
| Declared value | Buyer share at 2% | Seller share at 2% | Combined title fee at 4% |
|---|---|---|---|
| TRY 3,000,000 | TRY 60,000 | TRY 60,000 | TRY 120,000 |
| TRY 5,000,000 | TRY 100,000 | TRY 100,000 | TRY 200,000 |
| TRY 7,500,000 | TRY 150,000 | TRY 150,000 | TRY 300,000 |
| TRY 10,000,000 | TRY 200,000 | TRY 200,000 | TRY 400,000 |
For apartments declared between TRY 3 million and TRY 10 million, the combined statutory title fee therefore ranges from TRY 120,000 to TRY 400,000. The parties may negotiate who economically bears particular transaction costs, but the agreement should state this clearly and the real consideration must be declared correctly.
There is also a TKGM revolving-fund service charge. The official 2026 tariff uses a base indicator of TRY 2,227, multiplied or adjusted according to the applicable local coefficient and transaction type. Additional amounts can apply to foreign-party, remote or cross-office procedures. The exact assessment is issued for the specific application, normally through the official payment notification. Translation, power-of-attorney, valuation, legal, agency and banking costs are separate and depend on the service required.
Pay title charges only through the official collection route associated with the application. TKGM provides an e-Tahsilat system for title fees and revolving-fund payments.
Make sure the physical apartment matches the legal apartment
Walk through the property with the TAPU information, approved plan and inventory. Check the entrance, floor, orientation, balcony, gross and usable layout, storage, parking and common facilities. A difference that looks commercially attractive can be a legal warning.
Typical examples include:
- A balcony enclosed to enlarge the living room.
- Two neighboring units combined internally while remaining separate in the registry.
- A ground-floor terrace or garden presented as private without a registered or management basis.
- A roof space or basement depot incorporated into the apartment.
- A common parking space marketed as an individually owned parking bay.
- A residential unit being used as an office or short-term accommodation without reviewing applicable rules.
Local conditions also affect the inspection. In Alanya districts such as Mahmutlar, Tosmur, Oba and Kestel, check D400 road exposure, salt-air corrosion, pool and lift maintenance, generator costs and seasonal water pressure. Buyers can compare current property for sale in Alanya before assessing whether the resale price properly reflects age and maintenance.
In Antalya, Konyaalti apartments near Akdeniz Boulevard and the Liman or Hurma neighborhoods require careful review of traffic, humidity, facade condition and site expenditure. In Lara and other dense urban areas, parking rights and actual residential use can be especially important. See the current Antalya property catalogue for location-level comparisons.
What the deposit agreement should contain
A private reservation or deposit document does not replace the official title transfer. Before releasing a material deposit, write the conditions under which the purchase proceeds or the money is returned.
- Full identities of buyer, seller and authorized representatives.
- Complete block, parcel and independent-section identifiers.
- Agreed price, currency, payment account and payment dates.
- The amount and legal treatment of the deposit.
- A requirement for acceptable title, iskan and seller-authority checks.
- A list of restrictions that must be released before or during closing.
- Responsibility for title fees, valuation, translation and other expenses.
- Settlement of aidat, municipal accounts, utilities and special assessments.
- Vacant-possession date, keys, meter readings and tenant status.
- Furniture, appliances, parking, storage and other included items.
- Consequences if either party cannot complete the agreed transfer.
Do not use a large cash deposit to compensate for incomplete documents. A short delay for verification is usually safer than trying to recover money after discovering that the seller lacks authority or cannot clear a registered burden.
A controlled resale closing workflow
- Identify the unit: collect the TAPU details and confirm that the apartment shown is the registered independent section.
- Review the live title record: check owner, title status, mortgage, attachment, annotation, declaration and registered rights.
- Verify the building: confirm iskan, project consistency, management plan, current aidat and approved special expenditure.
- Verify the seller: inspect identity, ownership shares, power of attorney, inheritance position, company authority and occupants.
- Inspect the apartment: assess structure, moisture, plumbing, electrics, air conditioning, facade, roof exposure and common facilities.
- Prepare foreign-buyer documents: arrange the authorized valuation report, DAB, translations and identification documents where applicable.
- Fix the payment sequence: document mortgage payoff, restriction release, title fees and balance payment.
- Recheck before signing: confirm that no new restriction has appeared and that the official deed contains the correct property and value.
- Complete handover: sign an inventory, photograph meter readings, collect keys and obtain final account documents.
Red flags that justify stopping the purchase
- The seller refuses to provide complete TAPU identifiers before a deposit.
- The apartment viewed does not match the independent-section number or approved layout.
- A representative wants payment to a third party but cannot prove authority to receive it.
- The seller says an inheritance, mortgage or attachment will be resolved only after receiving the full price.
- The building manager will not provide account information or meeting decisions.
- The building is described as having iskan, but no permit or official confirmation can be produced.
- A land share, depot or commercial unit is marketed as an ordinary condominium apartment.
- A tenant, spouse, relative or other occupant disputes the promised handover.
- The declared title value is materially inconsistent with the true consideration or banking documents.
How RestProperty supports a resale purchase
RestProperty has operated since 2003 and can coordinate a property-specific resale review rather than limiting the service to apartment selection. The process can include matching the apartment to its TAPU identifiers, collecting the seller's document pack, arranging review of current encumbrances, checking iskan and management information, clarifying mortgage-release and payment steps, coordinating foreign-buyer valuation and DAB requirements, and recording the furniture and handover conditions. Where a legal opinion or technical survey is required, the case can be referred to the appropriate independent professional before the buyer commits funds.
Related practical checks
Legal documents should be reviewed together with the apartment's physical condition. Mediterranean resale buyers may also find the guide to air conditioning and humidity checks useful. If the complex includes a private or allocated pool, review the separate guide to pool equipment, leaks and running costs.
Turkey property insights
Follow RestProperty on Telegram for new guides, district reviews, market updates and practical information for property buyers.
FAQ
How can I verify that the seller owns the apartment?
Match the seller's identity with the current official title record, not only an old TAPU copy. If a representative is involved, verify that the power of attorney is acceptable for the sale and covers the relevant authority.
Can a resale apartment be sold with a mortgage?
A transfer may be structured around an existing mortgage, but the buyer must know exactly how and when it will be discharged. Obtain the creditor's payoff information and make payment conditional on a controlled release process. Never assume repayment automatically removes the registered mortgage.
Does a building management no-debt letter prove the apartment is legally clean?
No. It only addresses the account maintained by that management. Mortgages, attachments and registered rights must be checked in the current title record, while municipal and utility balances require separate checks.
Is kat irtifakı the same as kat mülkiyeti?
No. Kat irtifakı is associated with a planned or construction-stage independent section, while kat mülkiyeti is condominium ownership of a completed independent section. A completed resale building still recorded as kat irtifakı requires closer investigation of iskan and project compliance.
Can I buy an apartment without iskan?
The transaction may be technically possible in some title structures, but absence or uncertainty over iskan is a material risk, not a minor paperwork issue. Establish the official building status, reasons for the absence and consequences for use, utilities, financing and future resale before proceeding.
Who pays the TAPU fee in 2026?
TKGM summarizes the statutory calculation as 2 percent for the buyer and 2 percent for the seller, giving a combined 4 percent based on the correctly declared value. Any commercial agreement about cost allocation should be written clearly.
Does a foreign buyer need a DAB?
TKGM states that a foreign natural person purchasing real estate must submit a Döviz Alım Belgesi. Coordinate the conversion and bank documentation before the title appointment so that the names, amount and payment records correspond to the transaction.
What should happen on handover day?
Record vacant possession or tenant status, collect all keys and access cards, photograph electricity, water and gas meter readings, sign the furniture inventory and obtain the final management and utility documents.
Official sources
- Tapu ve Kadastro Genel Müdürlüğü - title procedures and fees FAQ
- e-Devlet - Web Tapu transactions
- TKGM - foreign-buyer Döviz Alım Belgesi announcement
- TKGM - valuation-report system for foreign buyers
- TKGM - 2026 revolving-fund tariff
- TKGM - e-Tahsilat official payment system
- Ministry of Environment, Urbanization and Climate Change - building and occupancy-permit guidance
- Official publication of Law No. 634 on Condominium Ownership
Rules and required documents can depend on nationality, representation, title status and the exact transaction. Confirm the live registry and current requirements for the selected apartment before payment.
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