Property and lease

Condominium servitude (kat irtifakı)

A right established over the future independent units of a building under or awaiting construction, attached to shares in the land.

All terms

The condominium servitude is a right established over the parts of a building, under or awaiting construction, that will later become independent units, attached to shares in the land. It is the preparatory stage of condominium ownership for unfinished buildings in Türkiye.

It is created by registration at the land registry together with the architectural project. A flat purchased at this stage is legally transferred as a right attached to a land share, which is what appears on the title of off-plan buyers. Once the building is completed and the occupancy permit obtained, the record is converted into condominium ownership.

The main risk for buyers at this stage is that the building may not be completed in conformity with the project, preventing conversion. Land shares should also be proportionate to unit values, since disproportionate shares generate disputes in urban regeneration and distribution processes.

Not to be confused with

Kat mülkiyeti ile karıştırılmamalıdır: kat mülkiyeti tamamlanmış yapılarda kurulur, bu hak ise inşaat aşamasındaki yapılara özgüdür.

Statutory basis

  • Kat Mülkiyeti Kanunu m.2
  • Kat Mülkiyeti Kanunu m.14

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.