Understanding Floor Easement and Condominium Ownership in Türkiye: What Foreign Buyers Must Know

When purchasing a property in Türkiye—especially a newly built or off-plan apartment—foreign buyers often encounter legal concepts like Kat İrtifakı (floor easement) and Kat Mülkiyeti (condominium ownership). Understanding the difference between these two types of title deeds is essential for anyone considering property investment in Türkiye.

At Bayraktar Attorneys, we advise and represent foreign nationals throughout the property acquisition process. In this article, we explain how floor easement works, how it transitions into full ownership, and why legal support is especially important when buying at the early stages of construction.

1. What is Floor Easement (Kat İrtifakı)?

A floor easement is a preliminary type of title deed that is issued before or during the construction phase of a building. It establishes the legal framework for individual ownership rights over each independent unit (such as flats or commercial units) in a building project that is not yet completed.

Documents Required to Establish a Floor Easement:

1. Building permit (Yapı ruhsatı)
2. Approved architectural project
3. Declaration of landowners
4. List of independent sections (with land shares)
5. Title deed and ID documents
6. Structural plans and, if applicable, soil reports
7. Land-for-construction contract (if applicable)

Once submitted to the land registry office, separate title deeds for each unit are issued, which legally register the future plan of the building.

Applicant:

Landowner or construction company with a notarized power of attorney

2. Completion of Construction

Once construction is completed in accordance with the approved project and technical specifications, the developer must obtain certain technical reports and certificates.

Required Documents:

1. Approved implementation project files
2. Construction supervision reports
3. Electrical, mechanical, and safety system reports
4. Soil analysis report
5. Notification of project completion
6. Material compliance documents (if applicable)

This phase must be formally certified by the authorities, as it is a precondition for applying for the building occupancy permit.

3. Occupancy Permit (Yapı Kullanma İzni / İskan)

This permit confirms that the building is safe, suitable, and legally fit for habitation. It is issued by the local municipality once all requirements are met.

Required Documents:

1. Building permit
2. Completion documents
3. SGK (social security) debt clearance certificate
4. Technical compliance certificates
5. Fire department clearance
6. Report from the construction supervision institution

Applicant:

Construction permit holder or building owner

Only after this permit is issued can the property legally be used, rented out, or occupied.

4. What is Condominium Ownership (Kat Mülkiyeti)?

Once the occupancy permit is granted, the title deed can be upgraded from floor easement to full condominium ownership. At this stage, each independent unit becomes a fully autonomous real estate asset with clearly defined ownership rights.

Required Documents:

1. Floor easement title deeds
2. Occupancy permit
3. Independent unit definitions
4. Condominium ownership declaration
5. ID and signature circulars (if applicable)
6. Layout and unit plans

Applicant:

Floor easement holders or construction company with special power of attorney

Why This Process Matters for Foreign Property Buyers

Foreign investors often purchase properties at the floor easement stage, especially when buying into off-plan or ongoing construction projects. This is legal and common, but it carries specific risks:

Your title deed does not reflect full legal ownership until the property is converted to condominium status.

The developer must obtain the occupancy permit and finalize all legal steps—otherwise, you may not be able to use or sell your property freely.

Important Note for Foreign Buyers

Before purchasing a property under a floor easement title:

Verify whether the developer is legally able and contractually obligated to obtain the occupancy permit and complete the title conversion to condominium ownership.

Work with a lawyer experienced in Turkish real estate law and foreign buyer transactions.

Review all permits, construction licenses, and zoning compliance before signing a contract or transferring funds.

Why Work With Bayraktar Attorneys

At Bayraktar Attorneys, we specialize in serving foreign clients only. We help you:

1. Review the construction project’s legal documentation
2. Evaluate the risks of buying at the floor easement stage
3. Ensure that your property will be legally converted to full ownership
4. Represent you at the title deed transfer and registry office
5. Conduct due diligence on the developer and project permits
6. Safeguard your investment throughout the process

Conclusion

The process from floor easement to full ownership in Türkiye is complex and highly regulated. Buying property during construction can be profitable, but it also carries legal risks—especially if you're unfamiliar with Turkish real estate law.

If you're considering purchasing a property that is not yet completed or not yet converted to condominium ownership, we strongly recommend that you work with a qualified, English-speaking law firm that specializes in foreign clients.

Contact Bayraktar Attorneys today for legal guidance on your real estate purchase in Türkiye.