Pre-sale technical and legal verification (checklist)

Step-by-step process

1. 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.
2. 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.
3. 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.
4. 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)