Why European Clients Should Avoid Obtaining TAPU Before Property Completion
TAPU is the Turkish title deed document that certifies ownership of a property. While obtaining TAPU is an essential step in the property acquisition process, European buyers should exercise caution and avoid receiving TAPU before construction is fully completed, especially when purchasing off-plan properties. Here's why:
1. Transfer of Risk Before Completion
Obtaining TAPU prior to project completion automatically transfers the legal and financial responsibility for the property to the buyer. This means that in case of delays, developer bankruptcy, or the property not matching agreed specifications, all risks lie with the TAPU holder, not the developer.
2. Limited Claims for Construction Issues
If the completed property has defects, discrepancies, or does not comply with the contract, the buyer’s ability to file claims may be reduced, as ownership has already been transferred and the developer’s warranty obligations may be harder to enforce.
3. Loss of Leverage in Disputes
When TAPU is obtained early, buyers lose their most effective leverage—withholding title transfer until all contractual obligations are met. Without this bargaining power, developers may be less motivated to resolve outstanding issues.
4. Potential Legal Complications
Turkish law provides protection to buyers, but early title transfer can complicate litigation or arbitration, as the developer can argue that the buyer accepted the property in its current state.
5. Financial Liabilities
Once TAPU is issued, the buyer is liable for property taxes, utility connections, and insurance, even if the property is unfinished or uninhabitable. These expenses add up without any real benefit during ongoing construction.
Recommendation for European Clients
Always insist on a technical inspection and final delivery protocol before accepting the TAPU. Work with legal advisors who specialize in Turkish real estate law and include clauses in your purchase contract that clearly define the conditions under which TAPU should be issued—only after the property is fully completed and compliant with all agreements.
