Understanding “Kat İrtifakı” and “Kat Mülkiyeti” in Turkish Real Estate
Investing in real estate in Turkey requires a clear understanding of legal terms and property ownership rights. Among the most crucial concepts are “kat irtifakı” (floor easement) and “kat mülkiyeti” (floor ownership). These terms define the legal status of a property and significantly impact property transactions, legal responsibilities, and the rights of owners. In this article, we will explore what “kat irtifakı” and “kat mülkiyeti” mean, their differences, and why they are important for property buyers and investors in Turkey.
What is “Kat İrtifakı”?
“Kat irtifakı” is a preliminary ownership status granted to a property when a building is still under construction or has not yet received its official occupancy certificate (iskan belgesi). It represents the right to own an independent unit within a building that is either planned or under development.
Key Features of “Kat İrtifakı” (floor easement)
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Preliminary Ownership – It indicates that an individual owns a particular section of a building, but the full ownership status has not yet been granted.
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Linked to the Land Title – The title deed (tapu) for a property with “floor easement” is still associated with the land, not the completed building.
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Necessary for Pre-Sales – Developers often use “floor easement” to divide a project into independent units for sale before construction is finished.
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Requires Conversion to “Kat Mülkiyeti” – Once the construction is completed and all necessary approvals are obtained, “kat irtifakı” should be converted into “kat mülkiyeti”.
Risks of Buying a Property with “Kat İrtifakı”
Many buyers and investors are cautious when purchasing a property that only has “kat irtifakı”. The main risks include:
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Uncertainty About Completion – If the construction does not finish as planned, the property owner may face difficulties in obtaining “kat mülkiyeti”.
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Lack of an Occupancy Certificate – Without an iskan belgesi, the property may not be eligible for official utilities like water, electricity, and gas.
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Potential Legal Issues – If the developer fails to meet zoning laws, environmental regulations, or safety codes, the property may remain stuck under “kat irtifakı”, making it harder to sell or transfer ownership.
What is “Kat Mülkiyeti”?
“Kat mülkiyeti” refers to the full ownership of an independent unit within a completed and legally approved building. It grants the owner complete legal rights over the property and ensures that the building has met all construction and safety standards.
Key Features of “Kat Mülkiyeti” (floor ownership)
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Full Ownership Rights – The owner holds legal ownership of the independent unit, separate from the land title.
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Common Area Ownership – Owners with “floor ownership” also have shared ownership of common areas such as hallways, elevators, and gardens.
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Necessary for Official Utility Registration – A property with “floor ownership” can have water, electricity, and gas officially registered in the owner’s name.
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Easier for Selling and Renting – Properties with “floor ownership” are more attractive to buyers and tenants because they offer legal security and full property rights.
The Process of Converting “Kat İrtifakı” to “Kat Mülkiyeti”
To ensure full ownership rights, property owners must convert “floor easement” into “floor ownership” after construction is completed. This process requires several legal steps:
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Obtain the Iskan Belgesi (Occupancy Certificate) – This certificate confirms that the building complies with municipal regulations.
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Apply to the Land Registry Office – The owner or developer must apply to the Tapu and Kadastro Genel Müdürlüğü (Land Registry and Cadastre Office) to convert “floor easement” into “floor ownership”.
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Provide Necessary Documents – These include:
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Original floor easement title deed
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Iskan belgesi
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Building project approvals
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Identity documents of the owner(s)
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Legal Registration of the Change – Once approved, the Land Registry Office issues a new title deed with “floor ownership”, granting full ownership status.
Why is “Kat Mülkiyeti” Important for Property Buyers?
If you are considering buying real estate in Turkey, it is crucial to check whether the property has “kat mülkiyeti” (floor ownership). Here’s why:
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Legal Security – Properties with “floor ownership” are legally recognized as independent units, reducing risks associated with incomplete projects.
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Better Resale Value – Buyers prefer properties with “floor ownership” because they come with full ownership rights.
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Access to Utilities and Services – Without “floor ownership”, owners may face challenges in registering utility services in their name.
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Eligibility for Citizenship by Investment – Foreign investors seeking Turkish citizenship through property investment must ensure that the purchased property has “floor ownership” to meet legal requirements.
How to Check a Property’s Status Before Buying?
Before purchasing a property, it is essential to verify whether it has “floor easement” or “floor ownership”. You can check this by:
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Requesting the Tapu (Title Deed) – Ask for a copy of the property’s title deed and verify the type of ownership.
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Checking with the Land Registry Office – Visit the local Tapu Office to confirm the property’s legal status.
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Consulting a Lawyer or Real Estate Expert – A professional can help you understand the legal implications and ensure a safe transaction.
Conclusion
Understanding the difference between “kat irtifakı” (floor easement) and “kat mülkiyeti” (floor ownership) is crucial for anyone planning to buy real estate in Turkey. While “floor easement” allows property ownership in an incomplete project, “floor ownership” provides full legal ownership of a completed unit. Before making a real estate investment, buyers should always check the property’s legal status to avoid future complications. If you are considering purchasing a property, ensure that it has “floor ownership” to secure your ownership rights and enjoy a hassle-free real estate experience. To get more information please feel free to contact us!