Tax Law
How to Recover Title Deed Fees 2026 | Refund Lawsuit and Legal Guide
In this article 4 headings
How to Recover Title Deed Fees? Fee Refund within the Scope of Urban Transformation (2026 Current Guide)
of the title deed fee , is a right that ensures the legal recovery of the title deed fee you paid after purchasing homes or businesses within the scope of conversion. Law No. 6306 on the Transformation of Areas under Disaster Risk grants exemptions from fees and tax exemptions ensures.
carrying out transformation projects in many districts of Istanbul, primarily Beylikdüzü, Avcılar, Bakırköy, and Esenyurt, and ensures thousands of people reclaim their title deed fees. However, most people do not know that the title deed fee they paid is unaware that they can obtain a refund .
In this guide, how to reclaim title deed fees , you will find answers to all questions such as which transactions are eligible for a refund, what the statute of limitations for filing a lawsuit is, and how to prepare the petition.
What is a Title Deed Fee Refund? Title Deed Fees and the Right to a Refund
Title deed fee is a tax paid by the buyer and seller for real estate transactions . It is subject to correction under the Law on Fees No. 492 and is levied at a rate of 20 per thousand of the sales value. It is paid separately by both the buyer and the seller; meaning it is calculated as a total of 40 per thousand.
Sample Calculation: You purchased an apartment valued at 5,000,000 TL in Beylikdüzü Yakuplu Neighborhood. In this case:
- Title deed fee payable by the buyer: 5,000,000 × 0.020 = 100,000 TRY
- Title deed fee payable by the seller: 5,000,000 × 0.020 = 100,000 TRY
- Total title deed fee: 200,000 TRY
If it is in a building renewed within the scope of the conversion of the purchasing department, you can claim this 100,000 TL back.
In Which Cases Is the Title Deed Fee Refunded?
There are certain conditions for the amendment of the title deed fee within the scope of Law No. 6306:
1. Existence of a Risky Structure Annotation
The title deed record of the acquired property must contain “It is a structure to be used pursuant to Law No. 6306” an annotation. This annotation indicates that the building within has been renewed within the scope of urban transformation.
2. Being Located in a Risky Area or Reserve Building Area
by the Ministry of Environment, Urbanization and Climate Change area or reserved building area declared as, the immovable properties located within the data are exempt. Many neighborhoods such as Beylikdüzü Yakuplu, Gürpınar, Avcılar Merkez, and Bakırköy Yeşilköy possess this capability.
3. Being the First Sales Transaction
The exemption, is applied upon the first sale taking place after the demolition and reconstruction of the properties . In other words, the initial buyer following the commencement of construction benefits from the fee exemption.
4. New Construction Up to 1.5 Times the Existing Construction Area
The new building's existing construction must not exceed 1.5 times . The exemption shall not apply to the portions exceeding this limit.
Title Deed Fee Refund: Legal Basis
The legal bases for the title deed fee are as follows:
- Law No. 6306 on the Transformation of Areas Under Disaster Risk, Article 7
- Law No. 7153 on Amending the Environmental Law and Certain Laws, Article 24
- Official Gazette No. 30621 (December 10, 2018)
With this law, the title deed fee, notary fee and municipal fees have also been included within the scope of the exemption.
The relevant article of the law is as follows: “In risky areas, reserve building areas, and parcels containing structures subject to demolition, no fees or charges shall be collected by municipalities for the new construction area up to the existing construction area registered, regarding the segregation and functional division carried out by natural persons and private law entities.”
Title Deed Fee Refund Lawsuit: Step-by-Step Guide
Step 1: Gather Your Title Deed Record and Documents
Before filing the title deed fee declaration, you must collect the following reports:
- Title deed (title deed record of the building containing a "risky structure annotation")
- Fee payment receipt (document of title deed fee paid to the land registry directorate)
- Sales agreement (sale and purchase documents)
- Former title deed record of the building (status prior to renovation)
- Construction permit (for the new building)
- Occupancy permit (occupancy permit)
- building inspection report within the scope of Law No. 6306
You can obtain these documents from competent institutions such as the Beylikdüzü Land Registry Office and the Avcılar Land Registry Office.
Step 2: File an Application to the Tax Office
Prior to the direct filing of the lawsuit a petition for rectification must be submitted to the tax offices. This petition must include your request for a refund of the fee you paid.
information that must be included in the application petition:
- Your Turkish ID number
- Land registry details (block, parcel, independent section number)
- The amount of fee paid and the date of payment
- The legal basis for your exemption under Law No. 6306
- Your refund representatives
The tax office must respond to your application 60 days within.
Step 3: File a Lawsuit in the Tax Court
If the tax office rejects your application or fails to respond within 60 days, at the tax court you may file a lawsuit.
Statute of limitations for filing a lawsuit / Litigation period:
- You must file a lawsuit within the period following the service of the tax office's contested decision 30 days within.
- If no response is given within 60 days, it is deemed an “implied rejection” and you may file a lawsuit regarding this amount starting from the 30-day period.
Competent Court: The tax court having jurisdiction over the district where the immovable property is located. For Beylikdüzü and Esenyurt, Istanbul Tax Court has jurisdiction.
Step 4: Judicial Proceedings and Decision
In tax courts:
- Petitions
- The tax office provides protection
- Evidence is submitted
- An expert report on the body is obtained
- Court decision
The process generally 6-12 months .
Step 5: Repayment with Interest
If the court rules in your favor, the title deed fee you paid is refunded along with its statutory interest. Interest is calculated from the date of your payment until the date of refund.
Precedent Judicial Decisions
Precedent rulings exist regarding the title deed fee:
Istanbul Regional Administrative Court, 5th Tax Division (E. 2016/2321, K. 2017/5, T. 5.1.2017):
In this decision, the court ruled as follows: “…The annotation procedure stating that the structure is found under the conditions of Law No. 6306 after being demolished and rebuilt…"
This decision serves as a precedent for the modification of the title deed fee collected within the scope of urban transformation.
Examples of Title Deed Fee Refunds in Beylikdüzü and Esenyurt
Beylikdüzü and Esenyurt are among the districts in Istanbul with a high concentration of construction activity:
Beylikdüzü:
- A significant number of buildings in the Yakuplu, Gürpınar, and Adnan Kahveci neighborhoods fall within the scope of urban transformation.
- Buildings renewed after 2018 Initial buyers can obtain a title deed fee refund
Esenyurt:
- The Saadetdere, Talatpaşa, and Yeşilkent neighborhoods are undergoing intensive transformation.
- Individuals who purchase apartments or commercial units in renewed buildings are entitled to this fee refund.
As Batın Yılmaz Law Firm, in recent years we have successfully concluded title deed fee inquiry lawsuits for many of our clients in Beylikdüzü and Esenyurt. The average refund amounts are 50,000 TRY – 250,000 TRY .
Title Deed Fee Refund Calculation Table
Scroll horizontally to view the full table
| Real Estate Value | Paid Title Deed Fee (Buyer) | Refundable Amount |
|---|---|---|
| 2,000,000 TRY | 40,000 TRY | 40,000 TRY |
| 5,000,000 TL | 100,000 TRY | 100,000 TRY |
| 10,000,000 TRY | 200,000 TRY | 200,000 TRY |
| 15,000,000 TRY | 300,000 TRY | 300,000 TRY |
| 20,000,000 TRY | TRY 400,000 | TRY 400,000 |
these amounts statutory interest can be refunded together with. For example, a title deed fee of TRY 100,000 paid 2 years ago, along with interest, is approximately recovered as TRY 140,000 .
Frequently Asked Questions
Within how many years can the title deed fee resolution be made?
After the title deed fee is paid, the application must be made within 5 years . If you miss this deadline, you may not be able to obtain a refund due to the statute of limitations.
Is the entire title deed fee refunded?
Yes, if the conditions are met, the entire is refunded. It is also paid together with statutory interest.
Is a fee charged on second-hand sales?
No. The exemption applies only to the initial sale applies. If a second-hand property was purchased, it was not within the scope of the exemption.
Is a lawyer mandatory for filing a title deed fee deficiency lawsuit?
It is not legally mandatory, but tax court litigation is technically complex, and obtaining legal representation is strongly recommended. A minor procedural error in tax litigation may result in the dismissal of the case.
Are notary fees also refunded in urban transformation?
Yes. Law No. 6306 covers title deed fees, notary fees, and municipal fees falls within the scope of the exemption. A refund process can be initiated for all of them.
Can a buyer who purchases a property in a building without a risky structure annotation request a refund?
No. If the purchase is made from a building that does not bear the annotation “It is a structure processed pursuant to Law No. 6306” on its title deed record, it is not within the scope of the exemption.
Where is the title deed fee lawsuit filed in Beylikdüzü?
The competent court for Beylikdüzü is the Istanbul Tax Court . Your lawsuit can be filed here, but it can also be tracked electronically by your attorney.
Can I make a payment regarding the fee while the lawsuit is pending?
No. Fees for title deed cancellation must first be paid , and then a refund process must be initiated. Otherwise, the title deed transaction cannot be executed.
Why You Should Seek Legal Support in a Title Deed Fee Refund Lawsuit?
Title deed fee payments are a technical part of legal ownership and rights. As a Beylikdüzü real estate lawyer, the advantages offered by Batin Yilmaz Law Firm:
- Experience: High success rate in title deed fee modification lawsuits for years
- Fast Application: We review your documents and submit the petition to the court within 1-2 weeks
- Accurate Calculation: Calculates your refund precisely (along with interest)
- Court Representation: We kindly follow all hearings on your behalf.
- Other Fee Types: We simultaneously submit refund requests for notary fees and municipal fees.
Contact Us Immediately
If you have purchased your residence or commercial property within the scope of urban transformation and paid title deed fees, you can recover much more than what you paid. As a Beylikdüzü Real Estate Law Attorney, we provide a complimentary preliminary assessment.
📞 Telephone: +90 532 669 34 90 / +90 532 732 34 90 💬 WhatsApp: +90 532 669 34 90 ✉️ E-mail: info@batinyilmaz.av.tr
📍 Beylikdüzü Office: Yakuplu Mah., Hürriyet Bulvarı, Skyport Residence Kat :12 No :133 , Beylikdüzü / İstanbul 📍
Select your documents before initiating title deed fee proceedings, and we will evaluate your file and determine the scope of the potential refund amount. let us inform you.
For detailed information on other services related to real estate law Beylikdüzü Real Estate Law Attorney you can visit our page. For up-to-date information on urban transformation Legislation Information Systemyou can refer to.
Recently Kentsel Dönüşüm Kanunu within the scope of, for real estate reconstructed through improvement, liquidation, and renewal to create healthy and safe living environments in areas under disaster risk and on plots and lands containing risky structures outside these areas, we encounter questions such as ” can I get a refund for the title deed fee? ”, ” how to get a title deed fee refund? ”.
The purpose of Urban Transformation is to identify risky structures within a specific environment or region and ensure that problematic areas in the region are made more livable and healthy. However, today urban transformation sometimes brings more harm than benefit. The benefit to be gained from urban transformation is related to how the urban transformation process is conducted.
Property Owner Rights in Urban Transformation
Certain rights are provided to property owners in Urban Transformation. These rights are briefly as follows;
- Rental assistance
- Transportation support,
- Housing loan support,
- Right to area construction,
- Tax and fee exemption
Within the scope of the legislative amendment made on 10.12.2018, the changes are as follows;
With the regulations made in Articles 9 and 10 of Law No. 6306 on the Transformation of Areas under Disaster Risk through Article 24 of the Law No. 7153 on the Amendment of the Environmental Law and Certain Other Laws published in the Official Gazette numbered 30621; ” In the event that applications are made by real persons and private law legal entities in risky areas, reserve building areas, and parcels containing risky structures, no fees and charges shall be levied by municipalities for the new construction area up to one and a half times the existing construction area, regardless of any functional change. ” Along with this law, title deed fees, notary fees, and municipal fees have also been included in the scope of fee and tax exemptions. If you have purchased a house or a shop from an area regenerated within the scope of the Urban Transformation Law and have made tax or fee payments, it is possible to file a lawsuit for the refund of the taxes and fees you have paid.
Fee Refund Litigation Process
Tax or fee if a payment has been made, an application must first be submitted to the Revenue Administration via a petition. If the administration fails to respond within the statutory period or rejects the request, a lawsuit must be filed in the tax court within a 30-day period. Taxes, fees, and charges whose refund may be requested within the scope of urban transformation regarding tax or fee payments, Tax Procedure Law‘s application pursuant to the reference in Article 126 is subject to a 5-year statute of limitations pursuant to Article 114. A lawsuit may be filed in the Tax Court within 5 (five) years from the date the tax or fee is paid. From the date the tax or fee is paid 5 (years) after which the claim becomes time-barred and loses its collectability.
Title Deed Fee Refund Precedent Decisions
The decision rendered by the 5th Tax Litigation Division of the Istanbul Regional Administrative Court regarding the matter in question is as follows;
"In order to resolve certain ambiguities during the implementation of Law No. 6306, clarity has been brought to the matter by emphasizing, through the amendments made on 25.07.2016 in accordance with Article 16/9-1 of the Implementation Regulation of the Law and the purpose of the Law, that the initial sale, transfer, and registration transactions of new structures resulting from applications made within the scope of the Law are also exempt from title deed fees.
In the dispute at hand, since it is established that the independent section subject to sale is the initial sale transaction of the independent section numbered …., which bears the annotation 'it is a risky structure pursuant to Law No. 6306' in the land registry, located within the borders of Istanbul Province, ….. District, ….. Neighborhood, recorded in block …., parcel …., sheet …., which was demolished and rebuilt pursuant to Law No. 6306 on '….. Apart-
ment', there is no compliance with the law in the transaction regarding the collection of title deed fees from the plaintiff pursuant to the aforementioned legislation, and therefore the plaintiff's objection must be accepted."
T.C. Istanbul Regional Administrative Court 5th Tax Litigation Division, E. 2016/2321, K. 2017/5, T. 5.1.2017:
You may request legal information and opinions from our law firm regarding fee refunds within the scope of the Urban Transformation Law.
Atty. Batın YILMAZ
This article is for general informational purposes and does not constitute legal advice. Legislation and practice may have changed after the publication date; you may consult us for an evaluation specific to your file.