Checks to Make at the Title Deed Office Before Buying an Apartment in Turkey

In 2026, residential sale transactions are taking place at title deed offices (Tapu Müdürlüğü) across Turkey in numbers reaching the hundreds of thousands every month, and in a significant share of these deals buyers sign without adequately reviewing the legal history of the property in question. Law No. 7579 on the Amendment of the Title Deed Law and Certain Other Laws, which entered into force in May 2026 (Official Gazette: 22.05.2026, No. 33261), brought wide-ranging changes to title deed, zoning and cadastre matters, while fraud schemes such as forged powers of attorney and multiple sales of the same property remain among the most common causes of disputes. Against this backdrop, a handful of checks carried out at the title deed office before buying an apartment can prevent a lawsuit that might otherwise drag on for years.

Why the Public Nature of the Title Deed Registry Matters So Much

The provisions of the Turkish Civil Code governing the title deed registry (tapu sicili) rest on the principle that registry entries are open to inspection by anyone, and that third parties acting in good faith may rely on those entries when transacting. This principle of “publicity” grants buyers an important right: rather than relying on the seller’s word, the buyer has the right to examine and verify the title deed record directly.

Consider a buyer looking to purchase an apartment in Istanbul who relies on an old photocopy of the title deed provided by the person advertising the property, without checking whether the record has since changed. In fact, the current title deed record may reveal a lien (haciz) or mortgage (ipotek) registered within the past few months, information an old photocopy simply will not show. For this reason, every review should begin with an up to date record obtained as close as possible to the transaction date.

Verifying the Owner’s Identity and the Power of Attorney

A significant share of real estate disputes in Turkey stem from sales carried out under a forged or misused power of attorney (vekaletname) rather than by the true owner. The scheme typically works as follows: the fraudster obtains the real owner’s identity information, has a power of attorney drawn up before a notary using forged documents, and sells the property to a third party.

The most concrete safeguard here is that, where a transaction is carried out through an attorney-in-fact (vekil), the power of attorney should be verified against the notary’s own records and, where possible, confirmed through direct contact with the owner. For example, if an attorney-in-fact is selling on behalf of a foreign investor living abroad, the power of attorney’s validity date, its scope (whether it specifically authorizes a sale), and the notary that issued it must all be checked. A face-to-face or video call with the owner is, on its own, a low-cost yet effective verification step.

Selling the same property to more than one buyer is a comparable risk; for this reason, the consistency between the date of the last transaction on the title deed record and the date of the sale agreement should also be reviewed separately.

How to Check for Mortgages, Liens and Annotations

Through TAKBİS, the electronic infrastructure of the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü), an owner can check mortgage, lien and annotation records on their property free of charge via the e-Devlet (e-Government) portal. Since this query can only be run directly by the owner, however, the practical route available to a buyer is to request an up to date WebTapu document from the seller; this document can be verified via its QR code and is generally expected to have been issued within the previous 24 hours.

Take a concrete example: a buyer interested in an apartment in Kadıköy who sees, on the WebTapu document supplied by the seller, a mortgage annotation in favor of a bank should ensure the contract clearly states whether that mortgage will be deducted from the sale price and at what stage it will be discharged (terkin) from the title deed. In transfers carried out before the mortgage record is closed, the buyer may later find themselves exposed to the bank’s enforcement rights.

Lien annotations should be treated the same way: if the property is subject to a lien arising from enforcement proceedings, a sale carried out without that record being removed first carries serious legal risk for the buyer.

Checking Zoning Status and Building Documents

A clean-looking title deed record is not enough on its own; the property’s zoning status (imar durumu), occupancy permit (yapı kullanma izin belgesi) and, where applicable, building registration certificate (yapı kayıt belgesi) must also be examined separately. The zoning status document obtained from the municipality shows whether the building was constructed in line with its permit and whether it has been converted to condominium ownership (kat mülkiyeti) or floor easement (kat irtifakı) status.

For instance, an investor drawn to an apartment for its sea view may discover that the building’s penthouse floor was added later without a permit, a defect that could eventually result in a demolition order from the municipality. For foreign buyers, the title deed office is also required to check whether the property falls within a military restricted zone or security zone; further detail on this process is available in our article on military restricted zone clearance and the mandatory appraisal report.

The 2026 Debate: Should Legal Representation Be Mandatory in Title Deed Transactions

Following a statement by the Ministry of Justice in March 2026, the idea of making legal representation mandatory for parties in title deed transactions above a certain value came onto the agenda. This proposal has not yet been enacted into law, but the debate itself signals how important the issue has become.

Some argue such a requirement would raise transaction costs; others believe that, particularly for foreign investors and high-value deals, it would reduce fraud, given that the title deed clerk performs only a formal review and does not conduct a legal risk analysis. In our view, the second position is the more persuasive one, especially given how frequently forged powers of attorney and multiple sales occur: the title deed clerk’s review is limited to the formal validity of the records and does not assess the risks inherent in the contractual relationship between the parties. Even if the requirement never becomes law, voluntarily requesting a preliminary review from a lawyer in high-value transactions is already a practical step, one whose cost is modest compared to the risk of fraud.

Alongside this debate, some of the cadastre and zoning changes introduced by Law No. 7579 took effect on its publication date, while others will not enter into force until 31 December 2026; it is therefore advisable to obtain up to date information from the title deed office, within the applicable legal framework, close to the transaction date.

Conclusion: The Order of Checks to Follow Before You Buy

The checks to carry out at the title deed office during an apartment purchase are more effective when followed in a specific order rather than at random. First, ownership information and any mortgage, lien or annotation records should be confirmed using an up to date WebTapu document; next, if the transaction is being carried out through an attorney-in-fact, the notarial record and scope of the power of attorney should be verified.

After these steps, zoning status and building documents should be requested from the municipality, and, for foreign buyers, whether the military restricted zone check has been completed should be confirmed. The general framework covered in our earlier article on points foreign buyers should watch for when acquiring title deed complements this order of checks. In high-value transactions, or those carried out through an attorney-in-fact, requesting a preliminary review from a lawyer before the sale is one of the most practical ways to avoid the mistakes commonly made in real estate investment; see also our earlier article on 10 mistakes foreign investors make in real estate.