What is Condominium Easement (Kat İrtifakı)? How is it Established?
Condominium easement is a type of easement right established on an undivided land for independent sections of a planned or under-construction structure (e.g., an apartment or business center) to allow future establishment of condominium ownership. This right gives the owner usage and utilization rights over the property. It forms the foundation for condominium ownership when multiple structures or independent sections are planned to be built on the land.
Condominium easement enables the purchase of independent sections in incomplete projects and is typically used in construction projects. Once the construction is completed, and an occupancy permit (certificate of use) is obtained, the easement can be converted into condominium ownership.
Since the condominium easement is linked to the land share, it cannot be transferred independently or inherited.
To establish and register a condominium easement, the landowner or all co-owners must apply to the relevant land registry offices with the documents prepared in accordance with Article 12(1)(a) of the Condominium Law No. 634. Condominium easements can be terminated by the written consent of the owners, or automatically through circumstances such as the destruction of the land, the property becoming unbuildable, or expropriation.
What is an Occupancy Permit (İskân)?
An occupancy permit, also known as a building use certificate, is a document confirming that a completed construction complies with legal standards and allows habitation. To obtain this permit, the contractor or an authorized person must apply with a petition to the relevant municipal zoning department. For the application, the building must be completed in accordance with the approved project.
After the application, the building is inspected by a technical official within a month to confirm compliance with the project. Following this, technical documents required for the occupancy permit are prepared and submitted to the municipality for evaluation.
What is Condominium Ownership (Kat Mülkiyeti)? How is it Established?
Condominium ownership is a property right granted to owners over independent sections (such as apartments, shops, offices) of a completed structure with an occupancy permit. Owners also have the right to use the shared areas (foundations, walls, roofs, stairs, elevators, etc.) of the building proportionate to their land share.
To establish condominium ownership, the construction must be fully completed, and an occupancy permit must be obtained. The landowner or all co-owners must apply to the land registry office with the documents specified in Article 12 of the Condominium Law No. 634 to request the conversion of the main property to condominium ownership.
Independent sections are linked to the land shares of the property. These land shares cannot be transferred or pledged separately from the independent sections.
Condominium ownership secures ownership rights over independent sections and provides certain rights over shared areas. Additionally, properties with condominium ownership can more easily qualify for bank loans.
Differences Between Condominium Easement and Condominium Ownership
Condominium Easement
Established before construction is completed.
Rights are based on the project for independent sections.
Registered as “condominium easement” in the title deed.
Does not require an occupancy permit.
Condominium Ownership
Establis
hed after construction and occupancy permit.
Full usage rights over each independent section.
Registered as “condominium ownership” in the title deed.
Requires an occupancy permit.
Conclusion
Condominium easement is not a property right but grants usage and utilization rights. In contrast, condominium ownership includes the essential rights of ownership, such as the ability to transfer or inherit independently.
Condominium ownership signifies that the property is legally completed and registered, thus serving as a vital legal status. To avoid potential disputes, it is essential to assess the current status of properties with condominium easement carefully. If a property is currently under condominium easement and lacks an occupancy permit, it does not have a legal residency permit, nor is there a guarantee that the construction will be completed as planned.
