Condominium Ownership and Construction Easement: Key Differences for Buyers

When buying a home, the information recorded in the title matters alongside location, price and physical features. Understanding the Turkish terms “kat irtifakı” and “kat mülkiyeti” helps identify the documents to review. These concepts should not be used interchangeably.

What does construction easement mean?

Kat irtifakı is a right attached to a land share, established for independent units in a planned building or one under construction. It forms the basis for condominium ownership after completion. When reviewing the record, examine the independent-unit details in the project as well as the address.

Kat mülkiyeti is ownership of separately usable units, such as apartments, shops or offices, in a completed building. It is connected to the land share and common areas. The opening articles of the Condominium Ownership Law explain this distinction.

Buyers should first identify the status shown in the title record, then check whether the record matches the apartment being shown and the documents provided.

Review the occupancy permit separately

The building occupancy permit, commonly called “iskân”, is a separate document from the type of title ownership. Çankaya Municipality describes it as an official document showing that a completed building is suitable for occupancy and use. Its service page also describes technical inspection and suitability assessment as part of the application process.

Do more than ask whether an occupancy permit exists. Request a copy and consider confirming with the municipality which building it concerns and its scope. Keep verbal statements separate from the information supported by documents.

Match the apartment to its documents

Start by creating a single document file for the home you are considering. Collect current title information, available municipal documents and accessible copies of the approved project.

Compare the block, parcel, building block, floor and independent-unit numbers. If a door number differs from the number on a document, investigate the explanation. Mark missing information rather than filling gaps with assumptions.

If the apartment’s current layout differs from the project, ask about the change and its documentation. Depending on the issue, seek help from an architect, engineer or legal professional. Keeping different checks separate helps reveal uncertainties earlier.

Questions to ask about a construction-easement apartment

Make the review specific:

• Has an occupancy permit been issued? • If so, can its relationship to the current title record be explained? • Which documents support the seller’s statements? • If an outstanding process is mentioned, are its scope, responsible party and cost clear?

Gather answers for the particular property. An experience involving another building should not be treated as a definitive conclusion about a home you have not reviewed.

Sellers should prepare documents in advance

Organising title and municipal documents before listing makes it easier to answer buyers’ questions clearly. Describe the title status according to the documents. Before promising a completion date or cost for an uncertain process, obtain information from the relevant authority.

At Başkent Zirve Emlak, we recommend combining the physical inspection with a document review. Clearly identified gaps and verified information help buyers make decisions on a firmer basis.

Sources

Ministry of Justice UYAP Legislation — Condominium Ownership Law No. 634, particularly Articles 1–3: https://mevzuat.adalet.gov.tr/mevzuat/103807

Çankaya Municipality — Building Occupancy Permit: https://www.cankaya.bel.tr/hizmetler/yapi-kullanma-izin-iskn-belgesi

Sources checked: 20 October 2026. This is a general guide; obtain current processing times and fees from the relevant authority. The cover is an AI-generated conceptual illustration.