Section 1 · Introduction and core framework
Core dynamics of plot and land sales in Türkiye
Radically different from selling a flat: the ownership and zoning layers you cannot see
Selling a plot is nothing like selling a home. With a flat, the boundary is clear and the occupancy permit (iskân belgesi) defines the building; with a plot, the wire fence you see on the ground and the official reality in the title-deed register and on the cadastral sheet often do not match. A safe plot sale rests on three legs: legal, technical and financial.
Step-by-step process
- Web-Tapu encumbrance query (TKGM Web-Tapu). Sign in to webtapu.tkgm.gov.tr with e-Devlet. Under Individual Login (Bireysel Giriş) → Real Estate Transactions (Taşınmaz İşlemleri), select the parcel and generate the current ‘Encumbrance Certificate’ (Takyidat Belgesi: mortgage, attachment, usufruct and injunction annotations), then download it as a PDF.
- Reviewing the parcel boundary on the map with Parselo (Parselo (user-declared)). You upload or draw the boundary yourself; the ownership type and the number of co-owners are your own declaration. Parselo calculates the area and coordinates of this boundary and shows it on the satellite map. The parcel record is not an official title-deed record.
- Applying to the municipality for the zoning status certificate (District Municipality Zoning Directorate). Go to the Mapping/Planning unit of the Zoning and Urban Planning Directorate of the district municipality the plot belongs to. Request in writing the approved and stamped ‘Zoning Status Certificate’ (İmar Durum Belgesi) showing the current zoning status of the property; do not rely on verbal statements.
- LİHKAB boundary-stake survey and Parselo pre-check (Parselo and LİHKAB). A LİHKAB survey (aplikasyon) on site requires high fees and engineering costs. Before taking on that cost, you can overlay the boundary you hold on the satellite image in Parselo and look for a clear mismatch with the actual road, a neighbour's fence or the forest edge; this is a preliminary check, not a measurement — only the LİHKAB survey determines the exact boundary. If there is a doubtful situation or a boundary dispute, having LİHKAB set the boundary stakes just before the title-deed transfer avoids unnecessary costs.
Legal basis
- Turkish Civil Code (Türk Medeni Kanunu, TMK) Arts. 704 and 706 (ownership of immovables and official form)
- Land Registry Law (Tapu Kanunu, Law No. 2644) Art. 26
- Notary Law (Noterlik Kanunu) Arts. 60 and 89
Key principles
1. Legal and ownership verification. Screening the title-deed register for attachment (haciz), mortgage, usufruct (intifa), family-home annotation, precautionary injunction and pre-emption (şuf'a) risks.
2. Technical and spatial verification. Confirming the ground boundaries against the cadastral survey sketch (aplikasyon krokisi), the elevation/slope profile and the official zoning status certificate (çap).
3. Financial and administrative transfer. Transfer of ownership through Web-Tapu, with the municipal market-value base (rayiç bedel), fee payments and TapuTakas or a blocked-cheque guarantee.
Mistakes to avoid
- Trusting the boundary on the ground and not having a cadastral survey done (forest or neighbour encroachment).
- Learning about the annotations in the title-deed encumbrances only on the last day, in front of the registry officer.
- Declaring a lower sale price than the real one to avoid fees (difference in fees plus a tax-loss penalty equal to one times the tax; Law No. 492 Art. 63).
Checklist
- The first step in a plot sale is to obtain the title-deed record with encumbrances from Web-Tapu.
- Zoning status must be confirmed by a written zoning status certificate, not verbally from the municipality.
- In a Parselo file, the boundary, elevation and official layers are brought together on a single screen.
With Parselo
You upload or draw the boundary yourself; the ownership type and the number of co-owners are your own declaration. Parselo intersects this boundary with forest, road, slope and TUCBS layers and puts a first legal and spatial analysis in front of you at no extra cost.
Official source: Web-Tapu System (https://webtapu.tkgm.gov.tr)
Section 2 · Land types and legal distinctions
Plot and land types: zoned plot, field, vineyard/orchard, olive grove and 2B
The ‘Nitelik’ (classification) field on the title deed decides your fate; look at the register, not at informal promises
Not every piece of land is a ‘plot’ (arsa). Properties that have not been brought within a zoning plan and have not been subdivided under a parcelling scheme are ‘land’ (arazi: field, vineyard, pasture). The legal status of the land directly determines whether you can build on it, whether it can be divided and to whom it can be sold.
Step-by-step process
- Reading the title deed's classification field (Land Registry Directorate). Look at the ‘Main Immovable Classification’ (Ana Taşınmaz Niteliği) field on your title deed or encumbrance record. If it does not say ‘Arsa’ (plot) — for example if it says ‘Tarla’ (field), ‘Bağ’ (vineyard) or ‘Ham Toprak’ (raw land) — know that the property has not gone through zoning parcelling, and never treat it as a zoned plot.
- Checking the subdivision and building conditions in unplanned areas (Provincial Special Administration / Municipality). If the property is a field and is to be divided, Art. 62 of the Regulation on Zoning in Unplanned Areas requires parcels created by subdivision to have (a) an area of at least 5,000 m² and (b) at least 25 metres of frontage on a cadastral road. Query in writing the building conditions (Arts. 63–64 of the same regulation) and the agricultural land permit (2026 Regulation on the Protection and Use of Agricultural Land, Arts. 4 and 14) from the Provincial Special Administration or the Municipal Zoning Directorate and from the Provincial/District Directorate of Agriculture and Forestry.
- Screening for olive-grove restrictions (Law No. 3573) (Provincial/District Directorate of Agriculture). If the property is registered as an olive grove or contains olive trees, petition the Provincial/District Directorate of Agriculture and Forestry. Learn in an official letter, under Art. 20 of Law No. 3573, that olive groves cannot be reduced, that polluting facilities cannot be built within about 3 km, and what the building limits are.
- Forest and 2B demarcation review (Forest Enterprise Directorate). If the property adjoins a forest, have the Cadastre and Ownership Office of the Forest Enterprise Directorate confirm whether the parcel falls under Art. 2/B of Forest Law No. 6831 and whether there is any encroachment on the forest demarcation boundary.
Legal basis
- Zoning Law (İmar Kanunu, Law No. 3194) Art. 18 — land and plot readjustment
- Law on Improving Olive Groves and Grafting Wild Olive Trees (Zeytinciliğin Islahı ve Yabanilerinin Aşılattırılması Hakkında Kanun, Law No. 3573) Art. 20
- Forest Law (Orman Kanunu, Law No. 6831) Art. 2/B
- Village Law (Köy Kanunu, Law No. 442)
Key principles
Zoned plot (residential / commercial / industrial). Parcels that have undergone the zoning readjustment (Art. 18), have had their cessions (terk) made and have a defined building footprint ratio (TAKS) and floor-area ratio (KAKS, ‘emsal’).
Raw land and field. Agricultural land. The minimum 5,000 m² and the 25 m frontage on a cadastral road in the Regulation on Zoning in Unplanned Areas (Plansız Alanlar İmar Yönetmeliği) are the subdivision conditions required for parcels created by subdivision (Art. 62). Building is assessed under Arts. 63–64 of the same regulation and the agricultural land permit (2026 Regulation on the Protection and Use of Agricultural Land, Arts. 4 and 14).
2B land and land adjoining forests. The sale of areas that have lost their forest character (2B) is subject to Law No. 6292; transactions run through the National Real Estate (Milli Emlak) units (ÇŞİDB) and the revenue office/treasury office. 2B land within an absolute drinking-water protection zone cannot be sold.
Mistakes to avoid
- Buying or trying to sell a field at the price of a zoned plot on the promise that it ‘will enter the zoning plan in future’.
- Misleading the buyer by promising that a prefab or tiny house can be placed on an olive-grove parcel.
- Facing Treasury lawsuits if there is a boundary encroachment next to pasture land.
Checklist
- The ‘Main Immovable Classification’ field on the title deed is binding; if it does not say ‘arsa’, the property is not a zoned plot.
- For properties classified as fields, the right to build depends on the opinion of the Provincial Directorate of Agriculture and the Municipality/Provincial Special Administration.
- A Parselo file lists the property's cadastral classification and the official restriction layers clearly.
With Parselo
Parselo shows the title-deed classification you declare and the parcel boundary on the same map as satellite imagery and the openly available official layers; olive-grove, forest or agricultural-protection status must be confirmed with the relevant institution.
Official source: TKGM Parcel Query (https://parselsorgu.tkgm.gov.tr)
Section 3 · Agricultural legislation and restrictions
Law No. 5403 and the indivisibility of agricultural land
You cannot divide a field and sell it in parts: minimum agricultural land sizes and the Provincial Agriculture approval requirement
Under the Soil Conservation and Land Use Law (Toprak Koruma ve Arazi Kullanımı Kanunu, Law No. 5403), agricultural land cannot be divided, by inheritance or by sale, below the set minimum sizes, nor split into shares. A field cannot be split into shares and sold piece by piece. A sale made informally (by private written agreement) is invalid for lack of the official form. Even if a notarised promise to sell is valid, the part that contravenes Law No. 5403 cannot be registered in the land registry.
Step-by-step process
- Determining the agricultural land class (District Directorate of Agriculture and Forestry). Determine which class the land falls into under the Soil Conservation Law No. 5403 (absolute agricultural land: 20 da, planted agricultural land: 5 da, covered cultivation: 3 da, marginal agricultural land: 20 da). Remember that the area cannot be divided below these limits.
- Applying for the Provincial Agriculture transfer-suitability letter (Agricultural Infrastructure and Land Assessment Branch). For transactions on field-classified property such as subdivision, splitting into shares or transfer of a share, the opinion of the Directorate of Agriculture and Forestry is obtained (Regulation on the Transfer of Ownership of Agricultural Land, Art. 8). To speed up the process, follow the status of the file by visiting the District Agriculture office.
- Co-owner check in the sale of a shared-title field (Land Registry Directorate). On a field below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner). Splitting the share and selling it to several people, or selling part of the share, is prohibited because it would increase the number of shares/co-owners (Law No. 5403 Art. 8(3)). The opinion of the Provincial/District Directorate of Agriculture and Forestry can be requested for the transaction (Law No. 5403 Art. 8/B; Regulation on the Transfer of Ownership of Agricultural Land, Art. 8).
- Screening the owners of neighbouring agricultural parcels (Cadastre and title-deed register). Neighbouring parcel owners have no statutory pre-emption right; the only pre-emption right in Law No. 5403 concerns shares in a family property partnership (Art. 8/İ). Check in the title-deed register whether the parcel is subject to a family property partnership (aile malları ortaklığı).
Legal basis
- Soil Conservation and Land Use Law (Law No. 5403) Arts. 8, 8/A, 8/B, 8/C
- Amendments made by Law No. 6537 (rules on agricultural inheritance and transfer)
- Ministry of Agriculture and Forestry Guide to the Transfer and Conveyance of Agricultural Land (Tarım Arazilerinin İntikal ve Devir Rehberi)
Key principles
Absolute agricultural land: minimum 20 dönüm (20,000 m²). On absolute and special-crop land, parcels below 2 hectares cannot be divided or sold in small pieces.
Planted agricultural land: minimum 5 dönüm (5,000 m²). On planted agricultural land such as vineyards, orchards and olive groves, the minimum parcel size is 0.5 hectares.
Covered cultivation (greenhouse): minimum 3 dönüm (3,000 m²). On greenhouse areas the minimum indivisible size is 0.3 hectares.
Marginal agricultural land: minimum 20 dönüm (20,000 m²). On absolute, marginal and special-crop land, the minimum size cannot be set below 2 hectares; the Ministry may increase it province by province.
Mistakes to avoid
- Actually dividing a shared-title field through a notarised consent letter (muvafakatname) and selling it as a ‘hobby garden’ (risk of demolition and administrative fines).
- Paying fees without obtaining the Provincial Agriculture Directorate's suitability opinion, and having the land registry appointment refused.
- Trying to split a share below the indivisible size and sell it to several people or in part (prohibited because it increases the number of shares/co-owners; Law No. 5403 Art. 8(3)).
Checklist
- Before selling agricultural land, the transfer-suitability criteria of the Provincial/District Agriculture Directorate must be reviewed.
- On a parcel below the indivisible size, the whole of a share can be transferred to a single person (including someone who is not a co-owner); splitting the share or selling it in part is prohibited (Law No. 5403 Art. 8(3)).
- In a Parselo file, the parcel's agricultural class under Law No. 5403 is analysed.
With Parselo
Based on the area and land classification you enter, Parselo states clearly in the report whether the parcel is above or below the indivisible size limits of Law No. 5403.
Official source: Ministry of Agriculture and Forestry Land Use Portal (https://www.tarimorman.gov.tr)
Section 4 · Ownership risks
The pre-emption (şuf'a) risk in shared-title parcels, and solutions
When a share is sold, the other co-owners can take it from the buyer by depositing the market value (TMK 732–734)
In co-ownership, if one co-owner sells their share to a third party, all the other co-owners hold a statutory pre-emption right (yasal önalım, ‘şuf'a’). If the sale is notified to the co-owners through a notary, the limitation period for suing is 3 months from notification; if it is not notified, the right lapses in any case one year after the sale. In the lawsuit, the judge sets the value of the share as market value; the pre-emption holder must deposit this amount and the buyer's title-deed expenses within the final period given (Law No. 7571, 25 December 2025). For sales before that date, the old 2-year period applies.
Step-by-step process
- Analysing the co-owner structure and share distribution (Web-Tapu and Parselo (user-declared)). Under KVKK (Personal Data Protection Law No. 6698), the national ID and phone details of owners in the title-deed register are not public; however, through Web-Tapu you can see how many co-owners the property has (number of shareholders) and the share numerator/denominator ratios. In Parselo, the ownership type and the number of co-owners are your own declaration; indivisibility risks under Law No. 5403 are assessed according to this declaration.
- Obtaining a notarised pre-emption waiver (Notary). Before the sale, get a written waiver from the co-owners for this sale; if a general waiver is wanted, have it drawn up in the official form and annotated in the title-deed register (TMK Art. 733/2). A co-owner who has validly waived cannot bring a pre-emption lawsuit for this sale.
- Notifying the sale through a notary (notarial notice) (Notary and PTT service of notice). If a waiver cannot be obtained, on the day the sale is completed at the land registry the buyer or seller should have an official notice served through a notary on all the other co-owners, stating the sale price and the buyer's details. The limitation period for suing is 3 months from notification; if no notice is given, the right lapses one year after the sale.
- Registering the real sale price at the land registry (Land Registry Directorate). Declare the real price at the land registry. The fee is charged on the declared price and cannot be less than the property-tax value; for a low declaration, a difference in fees and a tax-loss penalty are assessed (Law No. 492 Art. 63). In a pre-emption lawsuit, the price is the market value set by the judge.
Legal basis
- Turkish Civil Code (Türk Medeni Kanunu, TMK) Art. 732 (the holder of the pre-emption right and its exercise)
- TMK Art. 733 (notification, waiver and forfeiture periods: 3 months and 1 year — as amended by Law No. 7571)
- TMK Art. 734 (pre-emption lawsuit; market value set by the judge and deposited)
- Court of Cassation General Assembly of Civil Chambers (Yargıtay HGK) case law on de facto partition (e.g. E. 2024/447, K. 2025/400)
Key principles
Declaring a low price. Showing a low price at the land registry does not help in a pre-emption lawsuit: the judge sets the price as market value. On the other hand, a difference in fees and a tax-loss penalty may be assessed (Law No. 492 Art. 63).
Notarial notice and the 3-month forfeiture period. If the sale is notified to the co-owners through a notary, the limitation period for suing is 3 months from notification. If it is not notified, the right lapses in any case one year after the sale (2 years for sales before 25 December 2025).
De facto partition (rızai taksim) defence. If the co-owners have in fact divided the ground and the share sold corresponds to this divided part, the Court of Cassation General Assembly may regard the exercise of the pre-emption right as contrary to the rule of good faith (e.g. E. 2024/447, K. 2025/400). It varies with the specific case.
Notarised pre-emption waiver. A waiver for a specific sale can be made in writing; a general waiver covering all sales must be made in the official form and annotated in the title-deed register (TMK Art. 733/2).
Mistakes to avoid
- Buying or selling a shared-title plot without obtaining a written notarial waiver from the co-owners.
- Showing a lower real sale price at the land registry and paying the difference in cash (risk of tax assessment; the payment becomes hard to prove).
- Relying on verbal agreements without making the de facto partition agreement in writing and with a sketch.
Checklist
- In a shared-title sale, either a notarial sale notice must be sent to all co-owners or a waiver must be obtained.
- The sale price at the land registry must match the real bank transfer to the last kuruş.
- A Parselo file shows the co-owner structure and ownership type you declared.
With Parselo
You upload or draw the boundary yourself; the ownership type (sole title / shared title) and the number of co-owners are your own declaration. Based on this declaration, Parselo gives the buyer and seller a pre-emption (şuf'a) risk checklist for shared-title parcels.
Official source: Union of Notaries of Türkiye e-Services (Türkiye Noterler Birliği) (https://portal.tnb.org.tr)
Section 5 · Spatial restrictions and environment
Protected sites, the shore edge line and water-basin restrictions
The property may be yours, but the right of disposal belongs to the state; invisible annotations
Even if the title deed shows ownership as yours, the property may carry an archaeological site, natural site, shore edge line, water-basin zone, military security zone or Highways expropriation annotation. These restrictions can wipe out building rights and may also require ministry permission for a sale.
Step-by-step process
- Natural-site screening via SITPORTAL (Directorate General for Protection of Natural Assets). Sign in with e-Devlet to the official sit.csb.gov.tr portal of the Ministry of Environment, Urbanisation and Climate Change and query your parcel on the map; see the boundaries of a ‘Strictly Protected Sensitive Area’ (Kesin Korunacak Hassas Alan), ‘Qualified Natural Protection Area’ (Nitelikli Doğal Koruma Alanı) or ‘Sustainable Protection Area’ (Sürdürülebilir Koruma Alanı).
- Cultural-property site query (Regional Conservation Council Directorate). If a historic monument or archaeological site is suspected on the property, petition the Regional Conservation Council for Cultural Property of the Ministry of Culture and Tourism in writing, and get written confirmation, by council decision, of whether there is an archaeological-site annotation and, if so, of its protection status.
- Overlaying the shore edge line sheet (Provincial Directorate of Environment and Urbanisation). For land on the shore of a sea, natural lake or dam lake, obtain the approved ‘shore edge line’ (Kıyı Kenar Çizgisi) sheet from the Coastal Branch Directorate of the Provincial Directorate of Environment and Urbanisation. Know that no structure can be built in the first 50 metres of the shoreline strip.
- Water-basin protection zone query (Relevant Water and Sewerage Administration). If the parcel is around a drinking-water dam, request a ‘Basin Status Certificate’ (Havza Durum Belgesi) from the relevant metropolitan water administration (İSKİ, ASKİ, etc.). Document the absolute building bans in the 0–300 m absolute and 300–1,000 m short-distance protection bands with an official letter.
Legal basis
- Law on the Conservation of Cultural and Natural Property (Kültür ve Tabiat Varlıklarını Koruma Kanunu, Law No. 2863)
- Coastal Law (Kıyı Kanunu, Law No. 3621; Arts. 4 and 5 — 50 m approach limit, Art. 6 — ban on building on the coast, Art. 8 — ban on building in the unplanned shoreline strip)
- Regulation on the Protection of Drinking and Utility Water Basins (İçme-Kullanma Suyu Havzalarının Korunmasına Dair Yönetmelik; measured from the maximum water level: Absolute 0–300 m, Short-Distance 300–1,000 m, Medium-Distance 1,000–2,000 m zones)
- Law on Military Forbidden Zones and Security Zones (Askeri Yasak Bölgeler ve Güvenlik Bölgeleri Kanunu, Law No. 2565)
Key principles
Natural site (strictly protected sensitive area) and archaeological site. In a natural site, no new building is allowed in a ‘strictly protected sensitive area’; in other categories and in archaeological/urban sites, building depends on the decision of the relevant Conservation Council (Law No. 2863). The Ministry may resort to exchange or expropriation. Confirm the status from the title-deed declaration and the council decision.
Shore edge line restriction (Law No. 3621). Areas on the sea side of the shore edge line are public property and cannot be privately owned; even if there is a title deed, it carries a risk of cancellation.
Drinking-water basin protection zones. In the catchment area of a dam lake, building is completely prohibited within the ‘Absolute Protection Zone’ (the first 300 metres).
National parks and wetland protection (RAMSAR). In special environmental protection areas, the planning authority lies with the ministry determined by Presidential decision (Environment Law No. 2872 Art. 9/d); the permit-issuing authority should be confirmed with the provincial directorate.
Mistakes to avoid
- Selling or buying a field by the sea on the promise of a plot without knowing that it lies within the shore edge line.
- Concealing that a field with a dam-lake view lies in the İSKİ/ASKİ absolute protection zone and cannot be built on.
- Not querying the protected-site status in writing from the Regional Conservation Council.
Checklist
- In a plot sale, the annotations of the Provincial Directorate of Environment and Urbanisation and the Council for the Protection of Natural Assets must be reviewed.
- On coastal strips, the approved shore edge line sheet must be overlaid on the cadastral sheet.
- A Parselo file presents water basins and protection areas as layers.
With Parselo
Parselo intersects the parcel boundary with the openly available official layers and, where there is a protected-site or protection polygon, shows the intersection with its source; the exact situation must be confirmed with the relevant institution.
Official source: Digital Natural Site Areas (SITPORTAL) (https://sit.csb.gov.tr)
Section 6 · Legal models and finance
Sale types and financial contract models
Legal options from cash sale to build-for-share, from revenue sharing to barter
Selling a plot is not just transferring property at the land registry for cash. Different legal contract models apply depending on the investor's capital structure and the landowner's expectations. Each model's security structure, taxation and risk profile are completely different from one another.
Step-by-step process
- Choosing the financial contract model (Owner / investor decision). Depending on the plot's zoning status and your cash needs, decide which of the direct cash sale, build-for-share (construction in return for a land share) or revenue-sharing models will be used.
- Floor-area ratio (KAKS), building coverage (TAKS) and construction-area ceiling (Parselo zoning engine / architect). When you enter the TAKS (building coverage ratio), KAKS (floor-area ratio, ‘emsal’) and setback distances from the zoning status certificate into Parselo, the footprint and the total construction-area ceiling are calculated. The number of independent units and the building mass are determined by the architectural project.
- Construction contract in notarial drafting form (Notary). If build-for-share or revenue sharing is to be used, the parties must go to a notary and sign a ‘construction-in-return-for-land-share contract in notarial drafting form’. A contract that contravenes the official form is, as a rule, invalid; consult a lawyer for exceptional case-law situations.
- Promise-to-sell and mortgage annotation on the title deed (Land Registry Directorate). Present the signed notarial contract to the Land Registry Directorate and have it entered in the annotations section of the title deed. On request, the notary can issue the annotation through the land registry information system. Do not transfer all the land shares to the contractor until the construction is finished; require a staged title-deed transfer.
Legal basis
- Turkish Code of Obligations (Türk Borçlar Kanunu, TBK) Art. 237 (sale of immovables and promise-to-sell contract)
- TBK Art. 282 (barter / exchange contract, ‘trampa’)
- TBK Art. 470 (work contract and construction-in-return-for-land-share contract)
- Notary Law (Noterlik Kanunu) Art. 89 (notarial drafting form, ‘düzenleme şekli’) and Art. 60/3 (promise to sell and annotation)
Key principles
1. Classic cash sale (direct title-deed transfer). The simplest sale model, in which the whole price is paid in cash or by blocked cheque at the signing and ownership is registered.
2. Build-for-share plot sale (in return for a land share). The model in which the landowner transfers a share and the contractor commits to independent units. It must always be made in the notarial drafting form at a NOTARY.
3. Revenue-sharing model. A financial model in which the sales revenue of the independent units in the project is shared at pre-agreed percentages (e.g. 40% landowner, 60% developer).
4. Barter (exchange of immovables). Exchanging the plot for another flat, commercial property or vehicle. In a barter, the transfer of each of the two immovables is separately subject to title-deed fees (Law No. 492 tariff (4) I/20-a); there is no fee advantage. It can reduce the need for cash.
5. Instalment sale and notarial promise to sell. A secured model in which the price is paid in instalments and a ‘promise-to-sell annotation’ and, if necessary, a ‘statutory mortgage’ (kanuni ipotek) is placed on the title deed.
6. Official auctions, enforcement and partition-of-co-ownership sales. Sale by auction on the UYAP e-Auction (e-Satış) portal through a court or enforcement office following a lawsuit to dissolve co-ownership (izale-i şüyu).
Mistakes to avoid
- Making a build-for-share construction contract as a private written agreement (without a notary) (a contract that contravenes the official form is, as a rule, invalid; consult a lawyer for exceptional case-law situations).
- Transferring the land shares to the contractor early without taking a letter of guarantee or mortgage from the contractor.
- Not having the promise-to-sell contract annotated in the title-deed register (rights cannot be asserted against third parties).
Checklist
- Build-for-share and promise-to-sell contracts must be made in the notarial drafting form; a contract that contravenes the official form is, as a rule, invalid (consult a lawyer for exceptional case-law situations).
- In an instalment sale, the landowner should not transfer without establishing a mortgage in their favour on the title deed.
- In a Parselo file, the plot's construction floor area and build-for-share potential are calculated in advance.
With Parselo
From the TAKS/KAKS values you enter, Parselo calculates the floor-area ceiling for construction; in build-for-share and revenue-sharing negotiations this ceiling is the starting point, and the exact area is determined by the architectural project.
Official source: UYAP e-Auction Portal (e-Satış) (https://esatis.uyap.gov.tr)
Section 7 · Preparation and checklist
Pre-sale technical and legal verification (checklist)
5 steps the seller and buyer must complete before going to the land registry office
A complete and safe plot sale starts with preparing the file. A missing document, unpaid property-tax debt from earlier periods, or a parcel whose boundary stakes have not been set will lock up the transactions on the day of sale or lead to compensation lawsuits after it.
Step-by-step process
- Encumbrance screening and attachment/mortgage check (Web-Tapu / Land Registry). Download a current-dated encumbrance certificate from the Web-Tapu portal. If there are annotations, mortgages or public-debt attachments, talk to the relevant enforcement office or bank and have the release letters (fek) prepared before the sale appointment.
- LİHKAB boundary staking and obtaining the sketch (Authorised LİHKAB office). Apply to an authorised Licensed Survey Office (LİHKAB); under the supervision of a survey engineer, have steel/reflector stakes set at the parcel corner points with GPS coordinates and take delivery of the approved survey sketch.
- Obtaining the approved zoning status certificate from the municipality (District Municipality Zoning Directorate). Go to the district municipality's zoning department and obtain the officially stamped zoning status certificate (çap) containing road cession, green-area cession, TAKS/KAKS and setback distances.
- Settling property-tax debt and checking the market value (Municipal Revenue / Property Tax Service). The Land Registry Directorate queries the property-tax value and debt electronically; if there is a debt, the transfer is not made. Settle the debt beforehand. If necessary, obtain the letter on the current-year property-tax value (rayiç bedel) from the Municipal Financial Services Directorate.
Legal basis
- Regulation on Maps and Plans Subject to Registration of the Chamber of Survey and Cadastre Engineers (Harita ve Kadastro Mühendisleri Odası Tescile Konu Harita ve Planlar Yönetmeliği)
- Property Tax Law (Emlak Vergisi Kanunu, Law No. 1319) Art. 30 — electronic query of property-tax debt by the Land Registry Directorate
- Law on Licensed Survey and Cadastre Engineers and Offices (Lisanslı Harita Kadastro Mühendisleri ve Büroları Kanunu, Law No. 5368)
Key principles
1. Obtaining the Web-Tapu encumbrance record. Whether there is an attachment, public-debt attachment, mortgage, injunction or annotation in the title-deed register is confirmed with a current encumbrance certificate.
2. LİHKAB survey sketch and boundary determination. A Licensed Survey Office (LİHKAB) is called to the site and corner stakes are set with GPS coordinates; the ground boundary is matched to the official sheet.
3. Municipal official zoning status certificate (çap). An approved and stamped current zoning status certificate (road and green-area cessions and floor-area ratio) is obtained from the relevant municipal zoning directorate.
4. Municipal market value and no-debt certificate. The current-year property-tax declared value is obtained from the municipality where the property is registered, and debts from earlier periods are cleared.
5. Classification correction check. Where the title deed shows ‘field’ but there is a building on it, or vice versa, a classification correction (cins tashihi) must be made through the cadastre directorate.
Mistakes to avoid
- Trusting the expert brought by the buyer and not obtaining your own independent encumbrance certificate.
- Facing a neighbour-encroachment lawsuit later when a sale is made without boundary stakes being set.
- Past property-tax debts to the municipality locking up the land registry system on the morning of the sale.
Checklist
- No plot should be offered for sale without a LİHKAB survey having been done.
- The zoning certificate must be current; the zoning plan may have been amended by council decision.
- A Parselo file gathers boundary, slope and layer findings in a single file; it does not replace official documents.
With Parselo
The Parselo report gives, as a PDF, the coordinates of the boundary you uploaded, the slope information and the layer findings together with their sources.
Official source: HKMO Licensed Survey Office (LİHKAB) Query (https://www.hkmo.org.tr)
Section 8 · Marketing and listings
Marketing and listing preparation: accurate information, clear presentation
What sells a plot is not a photo, but information the buyer can verify
Plot listings often share only a photo of soil and a block/parcel number; the buyer has to work out on their own what they are buying, and this creates distrust. What makes a sale easier is presenting information the buyer can verify from an official source (title-deed classification, zoning status, road and infrastructure, slope) in a single file, clearly and without misleading. If you work with a real estate business, the listing must include the authorisation certificate number and the province, district, neighbourhood, block (ada) and parcel details.
Step-by-step process
- Obtaining an independent valuation report from a CMB-licensed valuer (CMB (SPK)-licensed valuation firm). For a sound base price, obtain a valuation report from a real estate valuation expert licensed by the Capital Markets Board (SPK).
- Slope and elevation data instead of photo illusions (Parselo parcel file). Instead of photos with angle illusions, show the plot's average slope and elevation difference from a digital elevation model; Parselo provides these measurements, with their source, in the parcel file.
- Signing the agreement with a real estate agent holding a TTBS authorisation certificate (Ministry of Trade TTBS). If you will work with a corporate real estate office under the Regulation on Real Estate Trade, check the Ministry of Trade TTBS authorisation certificate and make the official Property Showing and Authorisation Agreement (Taşınmaz Gösterme ve Yetkilendirme Sözleşmesi).
- Presenting with a transparent technical listing file (Seller / real estate business). Instead of sending buyers only photos, present the title-deed classification, the LİHKAB sketch, the zoning status certificate and the parcel file together.
Legal basis
- Regulation on Real Estate Trade (Taşınmaz Ticareti Hakkında Yönetmelik; Arts. 11, 12, 14/2 — notification, advertising and information obligations; administrative fine Art. 22/4: Law No. 6585 Art. 18 / Law No. 6563 Art. 12)
- Regulation on Commercial Advertising and Unfair Commercial Practices (Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliği)
- Personal Data Protection Law No. 6698 (KVKK) (protection of personal data and title-deed owner details in listings)
Key principles
1. Boundary and location. Showing a boundary confirmed by a LİHKAB sketch or title-deed information on satellite or drone imagery; the buyer sees what they are buying.
2. Topography and slope analysis. Clearly sharing the land's average slope and the elevation differences that affect construction cost.
3. Access and infrastructure distances. Frontage length on the cadastral road, and straight-line and road distances to electricity, water and natural gas lines.
4. Legal transparency file. Sharing the zoning status, cession amounts and title-deed classification openly from the start prevents the negotiation from collapsing over surprises that emerge later.
Mistakes to avoid
- Hiding the block/parcel by posting only a photo of grass or scrub (it puts off serious buyers).
- Advertising a field with no road as ‘on the road’ (risk of an administrative fine for the real estate business).
- Showing sloping, rocky land as flat, so the negotiation collapses when the valuer or buyer comes to the site.
Checklist
- If you work with a real estate business, the listing must include the authorisation certificate number and the province, district, neighbourhood, block and parcel details.
- Infrastructure and road status must be stated in the listing text as confirmed by the official institutions.
- The person placing the listing is responsible for the accuracy of its text; misleading information can lead to an administrative fine.
With Parselo
Parselo brings your parcel boundary and the openly available official layers together in a single file; the plot promotional video (2D satellite imagery by default; 3D with your own drone footage) and a printable poster with a QR code are produced from this file. The source of every finding is shown beside it.
Official source: Ministry of Trade Real Estate Trade Information System (TTBS) (https://ttbs.gtb.gov.tr)
Section 9 · Financial security and payment
Safe financial transfer: risks of cash in hand, Takasbank and TapuTakas
Will you take the money first or sign first? The solution: an official escrow system
The biggest tension in real estate sales is the order of payment. The seller says, ‘I won't sign until I see the money’, and the buyer says, ‘I won't transfer the money until the title deed is in my name’. Carrying cash in a bag is a major risk in terms of counterfeit notes, robbery and MASAK (Financial Crimes Investigation Board) scrutiny. The solution is the official ‘TapuTakas’ system, run by TKGM together with Borsa İstanbul Takasbank.
Step-by-step process
- Obtaining the TapuTakas application code (Takasbank e-Devlet). Once the Web-Tapu application number is issued, the seller and the buyer create their registrations at www.taputakas.com.tr or through e-Devlet.
- The buyer depositing the money into the escrow account (Buyer's bank and Takasbank). Using the TapuTakas reference number, the buyer transfers the sale price to Takasbank's official account at the Central Bank of the Republic of Türkiye (TCMB).
- Official signing at the land registry directorate (Land Registry Directorate). The parties sign the transaction sheet (akit tablosu) at the land registry directorate; the registry director approves the sale in the system.
- Automatic transfer of the money (Takasbank integration). As soon as the TKGM registration signal reaches Takasbank, the escrowed amount is released from its block and transferred to the seller's account.
Legal basis
- Land Registry Law (Tapu Kanunu) Art. 26 and the Land Registry Regulation (Tapu Sicili Tüzüğü)
- Capital Markets Law No. 6362 (duties and powers of Takasbank)
- Law on the Prevention of Laundering Proceeds of Crime (Suç Gelirlerinin Aklanmasının Önlenmesi Hakkında Kanun, Law No. 5549) and MASAK regulations
- Turkish Code of Obligations (TBK) provisions on the transfer of ownership
Key principles
1. The danger of cash in hand and carrying it in a bag. Carrying a large amount of cash carries both theft/robbery and counterfeit-note risk; a large cash payment can also become the subject of a suspicious transaction report.
2. TapuTakas: state-assured exchange of property and money. A Takasbank escrow account is used. The buyer deposits the money with Takasbank; the moment the signing takes place at the land registry, the money is transferred to the seller's account within seconds.
3. Blocked-cheque method. A blocked cheque that the buyer has the bank issue in the seller's name is handed over at the signing table. The cheque's funds are blocked by the bank.
4. Secure Payment System in notarial sales. In sales made at notaries, the Secure Payment System run in partnership by the Ministry of Justice and the Union of Notaries (TNB) is used.
Mistakes to avoid
- Saying ‘I received it’ to the registry officer's question ‘Have you received your money?’ before the money has reached your account (it cannot be undone).
- Leaving the description field blank on the bank transfer, or writing ‘debt payment’.
- Not having the blocked cheque confirmed by phone with the issuing branch at the time of the land registry appointment.
Checklist
- The safest plot-sale method is the TapuTakas system; the commission is negligible next to the risk.
- At the land registry, the officer should be told that the money has been paid only at the moment of official registration.
- Before the sale, Parselo presents the parties with the text of a financial security protocol.
With Parselo
In your Parselo file, the TapuTakas application steps for the buyer and the seller are listed; making the payment and the title-deed transfer at the same time protects the parties.
Official source: TapuTakas Official Portal (https://www.taputakas.com.tr)
Section 10 · Bureaucracy and the official process
Web-Tapu application steps, the market-value certificate and fee payments
Queueing in the morning is a thing of the past: digital application through e-Devlet and the fee SMS
In Türkiye, title-deed transactions have moved entirely online. The seller signs in to the Web-Tapu system with their e-Devlet password, starts the sale application, selects the title-deed record, enters the buyer's identity details and, if necessary, uploads the municipal market-value certificate to the system. When the land registry directorate completes its review, the fee amounts and the appointment time are sent to the parties' phones by SMS.
Step-by-step process
- Web-Tapu sign-in and selecting the property (Web-Tapu Portal). The seller signs in to Web-Tapu with e-Devlet, clicks the ‘Apply’ (Başvuru Yap) button and selects the plot to be sold from the list.
- Transaction type and buyer details (Web-Tapu System). The ‘Sale’ transaction is selected; the buyer's Turkish ID number, phone number and the sale price to be declared are entered.
- Property-tax value and debt check (District Municipality). The land registry directorate queries the property-tax value and debt electronically; if there is a debt, the transfer is not made. Settle the debt beforehand. If necessary, the current market-value letter obtained from the municipality is added to the system.
- Fee SMS and payment (Revenue Administration / Bank). When the registry officer's review is finished, the parties receive an SMS. The fees are paid through banking apps and the appointment is awaited.
Legal basis
- Fees Law No. 492, tariff (4), I/20-a
- TKGM Web-Tapu Implementation Circular (Tapu ve Kadastro Genel Müdürlüğü Web-Tapu Uygulama Genelgesi)
- Electronic Notification Regulation (Elektronik Tebligat Yönetmeliği) and the SMS information system
Key principles
Title-deed fee rate (2% + 2%). By law, 2% of the sale price is paid by the buyer and 2% by the seller. (This rule applies unless otherwise agreed in the market.)
Revolving-fund service fee. The fixed revolving-fund amount (döner sermaye) collected by the land registry office, plus the regional coefficient amount; it is usually paid by the buyer.
Market-value rule. The sale price declared at the land registry CANNOT BE LOWER than the minimum property-tax market value set by the municipality.
e-collection serial number. TKGM practice: with the payment (serial) number that arrives by SMS, the fees can be paid online through banks such as Ziraat, Halkbank and Vakıfbank or through the Revenue Administration (GİB).
Mistakes to avoid
- Entering the buyer's phone number wrongly in Web-Tapu (the fee SMS will not arrive and the transaction stays pending).
- Not settling property-tax debt beforehand (the land registry directorate queries the debt electronically; if there is a debt, the transfer is not made).
- Trying to pay the fees 15 minutes before the appointment and missing the appointment because of a system delay.
Checklist
- The Web-Tapu application should be made the day before, and the documents must be uploaded to the system in full.
- The land registry appointment is not final until payment is made after the fee SMS arrives.
- In a Parselo file, the fee and revolving-fund simulation is calculated in advance.
With Parselo
The Parselo Fee Calculator works out the buyer's fee, the seller's fee and the revolving-fund amount to the last kuruş from the sale price you enter, removing surprise costs.
Official source: Revenue Administration (GİB) Fee Payment (https://dijital.gib.gov.tr)
Section 11 · Official registration and signing
The land registry directorate appointment and the official signing process
The last step in the signing room: identity checks, reading out the transaction sheet and registering the ownership
After the fees are paid, the Land Registry Directorate notifies the parties of the signing time by SMS. In the signing room, the registry director or an authorised officer verifies the parties' identities, reads out the parcel's encumbrance status aloud one last time, takes the parties' declarations of intent and has them sign the official ‘transaction sheet’ (akit tablosu). Ownership passes when the transaction sheet is signed and the transaction is registered in the title-deed register (TMK Art. 705).
Step-by-step process
- Arriving at the land registry office (15 minutes early) (Land Registry Directorate). The parties are present at the land registry directorate with their new chip-enabled IDs 15 minutes before the appointment time stated in the SMS.
- Identity verification and biometric signature (Reception / Security). At the application reception desk the IDs are scanned and, if required, the person is confirmed by fingerprint / camera recording.
- Declaration of intent at the signing table (Authorised transaction officer). In front of the registry officer, the sale terms of the plot, the attachment/mortgage status and the sale price are read out aloud and confirmed.
- Signing the transaction sheet and registration (Registry Director approval). The parties sign the transaction sheet. Takasbank releases the money; the new title deed is presented to the buyer.
Legal basis
- Turkish Civil Code (Türk Medeni Kanunu, TMK) Art. 705 (acquisition of ownership by registration)
- Land Registry Regulation (Tapu Sicili Tüzüğü) and TKGM practice (drawing up and signing the transaction sheet)
- Union of Notaries of Türkiye and Land Registry–Cadastre principles for the review of powers of attorney
Key principles
New chip-enabled Turkish ID card (TKGM practice). TKGM practice: an old population register card may not be accepted at the land registry; confirm with the land registry directorate before the appointment. The ID's chip must be intact and the photo current.
Strict review when selling by power of attorney. In a sale by proxy, the power of attorney must expressly contain the wording ‘to sell immovable property and to collect its price (ahzu kabza)’, and a check for revocation (azil) is mandatory.
Reading out the transaction sheet aloud. The officer reads out the block, parcel, area and sale price aloud. If there is any disagreement or the price is wrong, DO NOT SIGN.
Handing over the title deed. After the signatures, the registry officer hands over the registered title deed (or the QR-coded title-deed document) issued in the new owner's name.
Mistakes to avoid
- Going to the land registry with an old blue/pink population register card or an expired passport (the transaction may not be possible).
- A power of attorney that has the authority for ‘sale of immovable property’ but lacks the authority to ‘collect the sale price (ahzu kabz)’.
- Not bringing two impartial witnesses for parties who cannot read and write or who have a hearing/speech impairment.
Checklist
- The transaction sheet signed at the land registry is conclusive evidence; never sign without reading it or while there is a clause you do not understand.
- The moment the signing is over, the new owner sees the parcel in the Web-Tapu register through e-Devlet.
- After ownership changes hands, your Parselo file can be handed over to the new owner's use.
With Parselo
Parselo Portfolio Management offers a digital title-transfer assistant that lets you archive the parcel file, or hand it over to its new owner, the moment the title-deed transfer is completed.
Official source: TKGM Land Registry Appointment and Query (https://randevu.tkgm.gov.tr)
Section 12 · Finance, tax and closing
Post-sale financial obligations: value-increase gains tax and declarations
You have handed over the title deed, but you are not done: the 5-year tax exemption rule and the municipal notification
The most critical financial obligation awaiting the seller after a plot sale is the ‘Value-Increase Gains Tax’ (değer artış kazancı vergisi) under the Income Tax Law. Individuals who sell a plot before 5 full years have passed since the acquisition date are liable to pay tax on the profit they make. In addition, the buyer must file a property-tax notification with the municipality.
Step-by-step process
- Calculating the 5 years (Seller's check). The first title-deed registration date and the sale date are compared date to date; if 5 full years have passed, no return is filed for value-increase gain (commercial income may arise through parcelling or continuous buying and selling; GVK Art. 37/2-4, 2-6).
- GİB Yİ-ÜFE cost adjustment (Tax advisor / Revenue Administration (GİB)). If 5 years have not passed, the TÜİK Yİ-ÜFE increase rate (if it is 10% or more) is added to the purchase price to find the real gain. The gain up to the annual exemption amount is not taxed (₺150,000 in 2026; GVK repeated Art. 80/3, GVK General Communiqué 332).
- Annual income tax return (Revenue Administration (GİB)). In March of the following year, the return is filed through the Ready Declaration (Hazır Beyan) system and paid in two instalments.
- Municipal property notification (buyer) (District Municipality). The buyer goes to the municipal property-tax service with a photocopy of the title deed and has the property registered in their own name.
Legal basis
- Income Tax Law (Gelir Vergisi Kanunu, GVK, Law No. 193) repeated Art. 80/6 — value-increase gain
- Income Tax Law Art. 81 (cost-base increase and domestic PPI (Yİ-ÜFE) indexation)
- Property Tax Law (Emlak Vergisi Kanunu, Law No. 1319) Arts. 23 and 33/6 (notification by the new owner) and Art. 30 (electronic notification by the Land Registry Directorate)
- Tax Procedure Law (Vergi Usul Kanunu, Law No. 213) irregularity and tax-loss penalties
Key principles
The 5-year rule and the commercial-income warning. If 5 full years have passed since the acquisition date (counted date to date), no value-increase gain arises (GVK repeated Art. 80/1-6). However, if the land is parcelled and sold within 5 years of being bought, or if buying and selling are carried out on a continuous basis, the gain is taxed as commercial income even after 5 years have passed (GVK Art. 37/2-4, 2-6).
Inheritance and succession exemption. In the sale of plots and fields that passed by inheritance or by gift (without consideration), the 5-year rule is not applied; the value-increase gains tax is ZERO.
Inflation protection through Yİ-ÜFE indexation. The purchase price is increased by the Domestic Producer Price Index (Yİ-ÜFE) rate up to the month before the month of sale, so inflation is deducted from the profit.
The new owner's municipal declaration. The buyer files a ‘Property Tax Notification’ with the municipality where the property is located within the year of the transfer (within 3 months if the transfer takes place in the last three months) (Law No. 1319 Arts. 23, 33/6). The land registry directorate also notifies the municipality of the transfer electronically (Art. 30).
Mistakes to avoid
- Showing the price at the land registry at its real value and not calculating in advance the high income tax that will arise because 5 years have not passed.
- The buyer forgetting to file the property-tax notification with the municipality and incurring a late penalty and an irregularity penalty.
- Paying excessive tax on the gross profit without doing the Yİ-ÜFE indexation.
Checklist
- In plot investments, the 5-year holding period is the biggest tax advantage; however, if the land is parcelled and sold within 5 years of being bought, or if buying and selling are carried out on a continuous basis, the gain is taxed as commercial income even after 5 years have passed (GVK Art. 37/2-4, 2-6).
- No value-increase gain arises on inherited real estate; only inheritance (transfer) tax is relevant.
- After the sale, your Parselo file is kept in the digital archive for use in your tax return.
With Parselo
The Parselo Tax and Finance Assistant automatically calculates your potential tax burden, taking into account the Yİ-ÜFE indexation between your title-deed purchase and sale dates and the exemption amounts.
Official source: GİB Ready Declaration System (Hazır Beyan) (https://hazirbeyan.gib.gov.tr)
