How to Conduct Due Diligence Before Buying?

What is due diligence when buying real estate in Turkey

Due diligence is a comprehensive legal and technical inspection of a property carried out before signing the purchase contract and transferring money. In Turkey, this procedure is not just a recommendation but a critical stage that determines whether you become a legal owner or lose your money.

The Turkish real estate market attracts foreign buyers with affordable prices and the possibility of obtaining a residence permit and citizenship. However, along with the opportunities, there are risks: double sales, illegal constructions, hidden encumbrances, and forged powers of attorney. Proper due diligence minimizes these risks.

The verification should cover not only the external attractiveness of the property but also its legal history: who the owner is, whether there is a mortgage, seizure, or annotations (şerh), whether the building conforms to the zoning plan, and whether a certificate of occupancy (Iskan) has been issued. Let's examine each stage in detail.

Step 1: Checking TAPU – The Main Ownership Document

TAPU (Tapu Senedi) is the only document in Turkey that confirms registered ownership of real estate. Neither a sale contract, a preliminary agreement, nor a receipt replaces TAPU. Checking this document is the foundation of due diligence.

What to look for in TAPU

• Form type. A red TAPU is issued for a plot with a finished building (apartment, villa), and a blue one for a land plot without constructions. Make sure the color matches the type of property being purchased.
• Owner's details. The full name, photograph (for individuals) or legal entity name must match the person acting as the seller. If the seller is not the owner, request a notarized power of attorney (vekaletname).
• Cadastral data. The address, parcel number (parsel), block number (ada), area — everything must match the actual location and floor area of the property.
• Property category. TAPU indicates the type: land (arsa), apartment (kat irtifakı or kat mülkiyeti), commercial premises. Kat irtifakı means ‘floor easement’ in a building under construction, while kat mülkiyeti is full ownership of a completed dwelling.

How to verify the authenticity of TAPU

Do not rely only on a copy from the seller. Request an extract through the TAKBİS (Tapu ve Kadastro Bilgi Sistemi) system – Turkey’s official cadastral portal. Verification can be done in person at the Land Registry Office (Tapu Müdürlüğü) where the property is located or through a trusted lawyer. This eliminates the risk of document forgery.

Step 2: Encumbrances, Mortgage, Seizures, and Annotations (Şerh)

Even a genuine TAPU does not guarantee that the property is ‘clean.’ In Turkey, the following types of encumbrances are registered in the cadastre and appear in the ‘şerh’ (annotation) column of the title deed:

• Mortgage (ipotek). If the previous owner took a loan secured by the property, the bank has the right to foreclose on it. The mortgage must be discharged before or at the time of the transaction.
• Seizure (haciz). Imposed by bailiffs for the owner's debts. Selling a property with a seizure is impossible until it is lifted.
• Easements and restrictions. Right of way, laying of utilities through the plot, construction restrictions — all of these affect the use of the real estate.
• Third-party rights. For example, the right of life-long residence (intifa hakkı) or a lease registered in the cadastre.

All these records are visible in the TAKBİS extract. Never transfer money until a clean extract without encumbrances is obtained. If encumbrances exist, the contract must clearly state the mechanism for their removal before TAPU is transferred to the buyer.

Step 3: Checking the Developer and Permit Documentation

When buying a new build or a property under construction, due diligence must include a check of the developer and its documents.

Yapı Ruhsatı – Construction Permit

This is a document issued by the municipality confirming that the project complies with urban planning regulations and the zoning plan. Without it, construction is illegal. You can check the existence of the permit through e-Devlet (Turkey’s e-government portal) or directly at the municipality.

Iskan (Yapı Kullanma İzin Belgesi) – Certificate of Occupancy

Iskan is the building’s technical passport confirming that the property was built according to the project, safety standards, and is habitable. Since 2020, Turkey has a unified technical passport (Toplu Iskan) instead of the former general (Genel) and individual (Ferdi) ones.

The absence of Iskan means that:

• You cannot obtain full kat mülkiyeti — only kat irtifakı;
• There may be problems connecting utilities on a permanent basis;
• The property is harder to resell;
• The municipality may demand the demolition of unauthorized construction.

Check the Iskan status before the transaction. If the document is missing, find out the reason and assess the risks with a lawyer.

Checking the Developer Itself

Through the MERSİS (Central Trade Registry System of Turkey), you can check the registration data of the developer company, date of establishment, registered capital, and absence of bankruptcy proceedings. Also study the portfolio of completed projects and reviews.

Step 4: Checking the Seller and Their Authority

One of the common fraudulent schemes in Turkey is selling real estate by a person without the right to do so. Check:

• Whether the seller's identity matches the owner in TAPU. Request an identity card (kimlik) or passport.
• If the seller acts under a power of attorney (vekaletname), examine its content. The power of attorney must be notarized and explicitly grant the right to sell the property. Contact the principal for confirmation.
• If the seller is a legal entity, check the signatory's authority through MERSİS and the Trade Registry Gazette (Ticaret Sicil Gazetesi).
• When buying from heirs, make sure a certificate of inheritance (veraset ilamı) has been obtained and all heirs agree to the sale.

Step 5: Physical Inspection and Technical Expertise

Legal cleanliness does not eliminate the need for a physical inspection. As part of due diligence, it is recommended:

• Personally inspect the property. Assess the condition of walls, roof, windows, utilities, and the presence of mold, cracks, or leaks.
• Verify layout compliance. The actual layout and floor area should match those stated in TAPU and the project documentation.
• Order an independent expert valuation. In Turkey, an appraisal report (değerleme raporu) from a licensed SPK company is mandatory for obtaining citizenship by investment, but is useful in any transaction: it confirms the actual market value and technical condition.

On Your Own or with a Lawyer?

Formally, a foreign buyer can perform due diligence independently by contacting the Land Registry Office, municipality, and using the e-Devlet portal. However, in practice, it is recommended to hire an independent Turkish lawyer specializing in real estate. Reasons:

• The lawyer knows the nuances of legislation and typical risks of a specific region;
• Has access to TAKBİS and other registries for prompt checks;
• Will correctly draft a sale contract with protective clauses;
• Will check the payment route and terms for refund in case the transaction fails.

Important: the lawyer must be independent — not affiliated with the seller or real estate agency. The fee for due diligence (usually from $500 to $1500 depending on the complexity of the property) is an investment in your security, not an extra expense.

Conclusion

Due diligence when buying real estate in Turkey is not a formality; it is the only way to protect your money and ownership rights. Checking TAPU through TAKBİS, identifying encumbrances and annotations, verifying permit documentation (Iskan, Yapı Ruhsatı), verifying the seller's identity and authority, technical inspection — each of these stages reduces the likelihood of unpleasant surprises after the transaction.

Do not skimp on verification. The cost of a lawyer's and experts' services is incomparable to the potential losses from buying a problematic property. Only after obtaining a legally clean property with a transparent history can you safely enjoy your new home on the Turkish coast or the income from your investment.