What the distinction between construction servitude and condominium ownership means on the title, how it links to occupancy and why it matters to buyers.
When buying a flat in Türkiye, two terms on the title deed tend to puzzle buyers: kat irtifakı (construction servitude) and kat mülkiyeti (condominium ownership). Both are governed by the Condominium Law No. 634 and both give the buyer a right over a specific independent unit. The difference, however, turns on whether the building has been legally completed, and it affects several steps of the purchase.
Construction servitude: a right over a building not yet completed
Construction servitude is a servitude established over a plot for the future independent units of a building that is to be, or is being, constructed. In line with the approved architectural project, a share of the land is attached to each unit and the units are shown separately in the land register. This allows units to be sold or mortgaged before the building is finished.
In practice, many buildings that were completed years ago and are in everyday use still have titles showing construction servitude. The most common reason is that the occupancy permit (iskân) has not been obtained.
Condominium ownership: a completed building with an occupancy permit
Condominium ownership is full ownership of the independent units of a completed building. The transition from construction servitude to condominium ownership generally takes place once the occupancy permit has been issued and an application has been made to the land registry office. A unit held under condominium ownership forms part of a building whose completion in line with the project and permits has been officially documented.
What the difference means for a buyer
Buying a unit under construction servitude is not in itself irregular; in many new developments sales necessarily take place at this stage. Even so, a buyer would do well to consider the following separately:
- Why the occupancy permit has not been issued: is it simply in progress, or is there a departure from the project?
- Some banks, and some applications such as valuation or residence procedures, may approach a unit without an occupancy permit differently
- Permanent electricity, water and gas connections may require the occupancy permit
- Additions that do not comply with the project may make the later transition to condominium ownership more difficult
Review does not end once a unit is held under condominium ownership; the management plan, entries relating to common areas and annotations on the register still need to be examined.
The management plan and common areas
In either case the building has a management plan which binds all owners. It may contain rules on the sharing of service charges, the use of common areas, letting and pets, among other things. For buyers considering short-term letting, the relevant provisions are particularly important. It is advisable to obtain the current version of the plan from the land registry office or the building management before purchase.
Why the land share matters
The land share attached to each unit may affect the owner’s contribution to common expenses and the owner’s position in processes such as urban regeneration. Checking whether the land share on the title is broadly proportionate to the size of the unit is therefore a small but meaningful step.
In short
Construction servitude reflects the stage at which a building is incomplete or lacks an occupancy permit; condominium ownership reflects a completed building with its permits in place. Buying a unit under construction servitude is possible, but the reason for the missing permit, its effect on finance and utility connections, and the content of the management plan deserve separate attention. As each property is different, the assessment should be made on the basis of the actual documents.
This content is for general information only and does not constitute legal advice.