Architecture Term

Condominium Ownership (Kat Mülkiyeti)

In Turkey, the ownership right established over the independent units of a building (Condominium Law, Article 2). Before the building is completed, the right established on the plot to become condominium ownership later is called kat irtifakı (construction servitude). Each unit is assigned a share of the plot, the land share (arsa payı).

Also available in:Türkçe (Kat Mülkiyeti)·ملكية الطوابق (Kat Mülkiyeti)

Floor easement and floor ownership

Under Article 1 of Turkey's Condominium Law, independent ownership rights (kat mülkiyeti) can be established over the parts of a completed building that can be used separately, such as floors, flats, offices, shops, cellars and storerooms. Over such parts of a building under construction or to be built later, the plot owner can establish easements (kat irtifakı) that convert to floor ownership once the building is complete^[1].

Land share and common areas

Under Article 2, the parts of the property outside the independent units that serve protection and shared use are common areas, and the land share (arsa payı) is the co-ownership share of the land allocated to each unit^[1]. Under Article 3, floor ownership is a special ownership tied to the land share and the common areas; land shares are allocated in proportion to the value of each unit calculated from its position and size. If they are not proportionate, each owner or easement holder may apply to the court to have them readjusted; an allocated share cannot be changed because the unit's value later rises or falls (Article 44 reserved)^[1].

Conversion with the occupancy permit

A floor easement is converted ex officio into floor ownership on the basis of the occupancy permit issued for the whole building; this can also be done at the request of the plot owner or one of the co-owners holding the easement (Art. 3)^[1]. So without the occupancy permit (iskân) the flats cannot convert to floor ownership. This matters in build-in-exchange-for-flats deals; see our article on what build-for-flats means.

Frequently asked questions

What is the difference between kat irtifakı and kat mülkiyeti?

Kat mülkiyeti (floor ownership) is established over the independent units of a completed building (Condominium Law, Art. 1). Kat irtifakı (floor easement) is established over the parts of a building under construction or to be built, to convert into floor ownership once the building is complete.

What is the land share (arsa payı)?

It is the co-ownership share of the land allocated to each independent unit (Art. 2). It is allocated in proportion to the value of each unit calculated from its position and size (Art. 3).

When does a floor easement convert to floor ownership?

Under Article 3 it is converted ex officio on the basis of the occupancy permit issued for the whole building; it can also be done at the request of the plot owner or one of the co-owners holding the easement.

Sources

Condominium Law (No. 634), Articles 1, 2 and 3 (floor ownership, floor easement, land share)