Real Estate Law · Immobilienrecht

Real Estate Purchase, Sale and Title Deed Transfer — Secure Transactions from Germany

Distance magnifies the risks in a title deed transfer: mortgages, attachments, unauthorised construction, disputes among heirs… Before you buy, we carry out comprehensive legal due diligence, prepare your contract and complete the title deed transfer in your name by power of attorney.

Free initial consultation
40‰
Total title deed transfer fee (buyer + seller, 20‰ each)
5 years
Critical holding period for capital gains tax
1–4 weeks
Review and document preparation; registration completed the same day
0 trips
Representation at the land registry by power of attorney

Why is a lawyer essential for title deed transactions?

The property you buy or sell may be subject to one of the following — and most of these cannot be identified without examining the title deed:

  • Restrictions such as a mortgage, attachment or interim injunction,
  • Third-party rights such as an annotation (şerh), usufruct or right of residence,
  • Issues relating to the zoning amnesty (imar barışı) or unauthorised construction,
  • Disputes among heirs,
  • Rights of way or neighbourhood disputes.

The detailed examination we perform on the land registry and our comprehensive legal due diligence bring these risks to light before the transaction.

Title deed transfer step by step

  1. Preliminary preparation and obtaining documents

    The current title deed record and zoning status document are obtained; the market value certificate is requested from the municipality; the seller's title deed activity over the past 5 years is checked.

  2. Legal due diligence

    Checking annotations, mortgages and attachments; compliance of the zoning plan and building permit; any tenant situation and eviction undertaking; condominium ownership/construction servitude; enquiry into outstanding maintenance charges and property tax debts.

  3. Contract stage

    A real estate preliminary sales agreement (satış vaadi) is prepared (before a notary or through a lawyer); the terms of the deposit/earnest money and the withdrawal and penalty clauses are set out.

  4. Land registry office procedures

    The title deed transfer fee (20‰ each for buyer and seller) and the revolving fund charge are paid; the parties attend the land registry in person or are represented by proxy; the new title deed is received.

What powers should the power of attorney include?

A special power of attorney drawn up for title deed transactions should in particular include the following:

  • Authority to buy and sell at the land registry offices
  • Authority to pay the title deed transfer fee and the revolving fund charge
  • Authority to discharge or establish a mortgage
  • Authority to transfer condominium ownership
  • Authority for change of nature (cins değişikliği) and subdivision/consolidation (ifraz/tevhit)

If you are the seller: selling your property from Germany

  • Bind the buyer with a preliminary sales agreement (satış vaadi) and take a deposit.
  • Set out the allocation of the title deed transfer fee clearly in the contract.
  • Declare the sale price in full at the land registry — under-declaration entails both criminal sanctions and the risk of a future tax audit.
  • For sales within 5 years of acquisition, have your capital gains tax liability checked.
  • Assess the double taxation position arising from your tax residence in Germany.

If you are the buyer: investing in Turkey from Germany

  • Always have legal due diligence carried out on the title deed.
  • Have the consistency of the property's actual condition with the title deed record verified.
  • For off-plan properties, investigate the developer.
  • Secure the preliminary sales agreement (satış vaadi) by having it annotated on the title deed.
  • Make payments through banking channels and in accordance with the contract.
A common pitfall: requests for "cash payment" and declaring a lower value at the land registry. Although this may appear to reduce costs in the short term, it creates a risk of tax penalties, evidentiary problems and serious loss of rights in any future annulment proceedings. Payment through banking channels and declaration of the true price are the strongest evidence protecting you.

FAQ

Frequently asked questions about title deed transactions

Can I complete the title deed transaction without coming to Turkey?

Yes. With a power of attorney specifically drawn up for title deed transactions before a Turkish consulate or a German notary, all purchase and sale procedures are completed through your lawyer.

Who pays the title deed transfer fee, and what is the rate?

The buyer and seller each pay 20‰ (40‰ in total); the parties may agree a different allocation in the contract. The tax base for the fee cannot be lower than the market value of the property.

If I sell my property, will I pay tax in Turkey?

If you sell within 5 years of the date of acquisition, capital gains tax may arise; for sales beyond 5 years, it does not. For your tax position in Germany, we recommend that you also consult a German tax adviser.

How do I find out whether there is a zoning problem?

By checking the zoning status document and the building permit, it is determined whether the property involves unauthorised construction or falls within the scope of the zoning amnesty (imar barışı). As part of our due diligence service, we carry out all the checks and provide a comprehensive report.

How long does the title deed transaction take?

Once the documents are complete, the transaction at the land registry office is finalised the same day. Document preparation, debt enquiries and legal review may take between 1 and 4 weeks.

Have it reviewed before you sign

To buy or sell real estate in Turkey securely from Germany, let us safeguard your transaction with a title deed review and legal due diligence. The first consultation is free.