When buying an apartment in a building that is still under construction, buyers often receive a “floor easement title deed” (kat irtifakı tapusu). This is not the same as full condominium ownership. Understanding the difference — and the path from floor easement to full ownership — protects buyers from losing rights during the development process.
What Is a Floor Easement?
A floor easement (kat irtifakı) is a land registry entry allocating the right to a specific future independent unit in a planned building to a defined person. The right is registered even before the building exists. The holder knows that a specific unit — say, Apartment 5 on the 3rd floor — will belong to them once the building is complete.
Key characteristics:
- Can be established before construction begins
- Based on an approved architectural plan and building permit
- Each unit has an allocated land share registered in the title
- Serves as the legal basis for the subsequent conversion to full ownership
Floor Easement vs. Condominium Ownership
| Floor Easement (Kat İrtifakı) | Condominium Ownership (Kat Mülkiyeti) | |
|---|---|---|
| Construction stage | Under construction or incomplete | Completed; occupancy permit obtained |
| Nature of right | Easement right (limited) | Full ownership |
| Occupancy permit | Not yet issued | Issued |
| Mortgage / financing | Available | Available |
| Legal framework | Condominium Law applies partially | Condominium Law applies in full |
How Is It Established?
- Building permit: the project must have a valid building permit
- Approved architectural plan: showing all independent units, common areas, and each unit’s allocated land share
- Land share allocation: each unit’s proportionate land share is calculated and registered
- Application to land registry: all documents are submitted to the land registry office; separate title deeds are then issued for each unit
Converting to Condominium Ownership
Once construction is complete and the occupancy permit (yapı kullanma izni / iskan belgesi) is obtained, the floor easement is converted to condominium ownership. This requires:
- The occupancy permit confirming the building was completed in compliance with the approved plans
- An application to the land registry office
Upon conversion, the limited easement right becomes full ownership, and the Condominium Law No. 634 applies in its entirety including the rules governing common areas and the owners’ meeting.
Common Problems in Practice
No occupancy permit: a floor easement unit cannot legally be occupied and full condominium ownership cannot be achieved without this permit. Buyers should verify occupancy permit status before any purchase.
Land share disputes: incorrect allocation of land shares causes problems at the condominium conversion stage and affects voting rights in the owners’ meeting.
Project modifications: changes to the building plans during construction that conflict with the registered floor easement require a registry update; failure to update creates legal disputes.
Delayed conversion: where the contractor or landowner fails to apply for conversion, unit owners may petition the court to compel it.
Frequently Asked Questions
Can I buy an apartment with only a floor easement title deed? Yes — floor easement title deeds are valid and transfers can be registered. However, the building cannot be legally occupied until an occupancy permit is obtained, and full condominium ownership cannot be established until conversion is completed.
Is conversion to condominium ownership compulsory? Yes, once the occupancy permit is issued. Remaining in floor easement status restricts certain legal rights and is not a valid long-term position under the Condominium Law.
Can I get a mortgage against a floor easement title? Generally yes. Banks can take a mortgage over a floor easement title. However, some lenders require an occupancy permit before releasing funds — check the specific lender’s conditions.
The contractor will not apply for the occupancy permit. What can I do? Where the contractor delays or refuses to complete the administrative steps needed for conversion, unit owners may apply to the court to compel the process. This typically requires that the building was in fact completed in compliance with the approved plans.