Is a garden included in the TAPU when purchasing an apartment in Turkey?

When purchasing an apartment with a garden in Turkey, many buyers expect to see the garden area listed on the title deed (TAPU). However, it's important to understand a legal nuance: in most cases, the garden area is not listed as a separate area on the TAPU.

Why is the garden not listed in the property certificate?

According to Turkish real estate registration practices, the TAPU only records the area of the independent property (apartment) and the share of the land. Individual use elements, such as a garden, terrace, or adjacent area, are generally not reflected as individual square meters in the title deed.

This is due to the fact that a garden is most often registered not as a separate property, but as a right of use, secured by the internal documents of the complex.

Where is the garden legally located?

The right to use the garden area must be recorded in the complex’s charter – Yönetim Planı (Unitim Plan).
It is this document that regulates:

• distribution of common areas,

• rules for the use of garden plots,

• assignment of gardens to specific apartments (for example, garden floors).

The Yönetim Planı has legal force and is kept at the cadastral office (Tapu ve Kadastro Müdürlüğü), where it is registered together with the project documentation of the property.

What to look for before buying an apartment with a garden?

Before purchasing real estate from a developer or on the secondary market, it is recommended:

• Check whether a garden is assigned to the apartment in Yönetim Planı;

• check the wording of the right of use (tahsisli bahçe / kullanım hakkı);

• request a copy of the complex's charter;

• ensure that the actual layout corresponds to the architectural design.

This is especially important when purchasing garden floor apartments, where the garden is actually used by the owner, but may legally be part of the common area of the complex.

An important takeaway for investors and buyers

The absence of a garden in the TAPU is not a violation and does not imply a lack of use rights. If the garden is specified in the complex charter (Yönetim Planı), this is considered legally correct practice in Turkey.

Therefore, before purchasing an apartment with a garden, it is recommended to conduct a legal review of the documents and ensure that the right to use the garden area is officially stated in the complex's charter and registered with the cadastral office.