Buyer Questions About Condominium Ownership Status
When a Turkish apartment is marketed as Kat Mülkiyeti, the buyer should ask questions that force the seller’s description to match the current official record for the exact independent unit. Kat Mülkiyeti is not merely a marketing label; TKGM treats it as a specific registered ownership regime for independent units in a completed structure. The questions below are designed to identify the unit correctly, understand any conversion from Kat İrtifakı, and prevent other legal or technical topics from being incorrectly “proved” by the condominium status alone.
1. Can I see a current official record for this exact independent unit?
Ask for evidence that identifies the property by province, district, neighborhood, block and parcel, building or block, floor and independent-unit number. Compare those identifiers with the apartment being shown. A genuine document that belongs to another unit is not useful evidence for your purchase. If the seller provides only a screenshot or an old copy, ask how and when the current status will be confirmed through the official land-registry channel.
2. Does the record actually say Kat Mülkiyeti, or does it say Kat İrtifakı?
Do not accept “the building is finished” as an answer to a registry question. TKGM distinguishes the two regimes. Kat Mülkiyeti is associated with condominium ownership in a completed structure, while Kat İrtifakı may exist before construction is finished. The two statuses are not interchangeable. If the seller says the conversion has already occurred, ask to see the current record that reflects it.
3. If an older document shows Kat İrtifakı, what explains the change?
An old Kat İrtifakı copy may be part of a legitimate history rather than a defect. TKGM explains that once a building with Kat İrtifakı has an occupancy permit, conversion to Kat Mülkiyeti can take place through the prescribed procedure, including application by an owner or transmission of the occupancy permit by the competent authority. Ask for the current status and enough official evidence to understand the sequence. Do not treat two differently dated documents as if they describe the same moment.
4. Is the independent-unit number the same in the title, approved project and actual apartment?
This is one of the most practical questions a buyer can ask. Sales teams may use door numbers, block names or internal project codes that differ from the registry description. The difference can be harmless if it is clearly mapped, but it must be explained. Confirm the floor, block and independent-unit number rather than relying on the apartment’s physical door plate alone.
5. What is the registered use or nature of the unit?
Ask how the independent unit is described in the registry and project documentation. A residential apartment, workplace or other registered use can have different practical implications. The ownership regime itself does not solve a mismatch between actual use and registered use. If the physical use is different from the record, obtain clarification from the competent authority instead of assuming that Kat Mülkiyeti makes the difference irrelevant.
6. What is the arsa payı attached to this unit?
TKGM defines arsa payı as the common land-ownership share allocated to the independent unit. It transfers together with the unit. Ask whether the share shown on the current record is consistent with the project documents held for the transaction. Do not assume that the share can be recalculated from square metres alone; its legal allocation follows the condominium framework and should be read from the relevant records.
7. Are the parking space, storage room, terrace or garden really part of my exclusive property?
Ask whether each feature marketed with the apartment is registered as part of the independent unit, an appurtenance, or merely a common-area use arrangement. Condominium owners have rights in common areas under the legal regime, but “exclusive use” in a brochure does not automatically equal separate registered ownership. This question protects the buyer from paying for a legal right that is different from the one advertised.
8. Does Kat Mülkiyeti mean there are no mortgages or annotations?
No. Condominium ownership status and encumbrances are separate issues. A unit can correctly be Kat Mülkiyeti and still be subject to a mortgage, annotation, attachment or other registered restriction. Ask for a current encumbrance review separately. The same separation applies to family-residence annotations and other rights affecting disposal.
9. Does Kat Mülkiyeti prove the building is structurally safe?
No. It is a legal registration status, not an engineering certificate. TKGM guidance indicates that technical compliance of the structure is a matter for the competent authority approving the project; the land registry does not independently certify structural safety merely through condominium registration. If building safety is material, order the appropriate building-specific technical review.
10. What must still be rechecked before transfer day?
Ask for a fresh confirmation of the exact unit and ownership status close to the transaction, especially if there has been a long interval since reservation. Reconcile any correction or conversion that occurred during that period. Keep the current record, relevant project or conversion evidence and the seller’s written explanations in the transaction file. The goal is not to collect the greatest number of papers but to ensure that every important statement about Kat Mülkiyeti refers to the same apartment at the same point in time.
Primary official sources
- TKGM, 2021/4 Kat Mülkiyeti / Kat İrtifakı guidance.
- TKGM Frequently Asked Questions on establishment and conversion of condominium ownership.