Condominium Ownership Status Decision Framework
A decision on a Turkish apartment described as Kat Mülkiyeti should answer one narrow question before the buyer moves to price, financing or closing: is the legal status recorded for the exact independent unit sufficiently clear and consistent to rely on? The answer should come from current land-registry evidence. TKGM guidance treats Kat Mülkiyeti as the ownership regime for independent sections in a completed structure and distinguishes it from Kat İrtifakı, which may exist before completion. This framework turns that distinction into a property-specific purchase decision without treating the title type as a substitute for every other due-diligence check.
Decision input 1: identify the exact registered unit
Use the current official record to match the property being purchased. Confirm province, district, neighborhood, block and parcel, building or block designation, floor, independent-unit number, registered nature or use, owner and land share. The decision cannot be positive merely because a document contains the words Kat Mülkiyeti. If the identifiers point to another unit, or the seller cannot reconcile the apartment marketed to the unit recorded, the status question is unresolved. A brochure floor number, door number or project sales code should not override the registry identity.
Decision input 2: read the status in context
If the unit is registered under Kat Mülkiyeti, determine whether that is the current status and whether an older Kat İrtifakı document is simply part of the historical conversion. TKGM explains that a property with Kat İrtifakı and an occupancy permit may be converted to Kat Mülkiyeti through the applicable registry procedure, including cases initiated by an owner or by transmission of the occupancy permit from the competent authority. A historic Kat İrtifakı copy is therefore not automatically a reason to reject the property; it becomes a problem when the current record remains inconsistent with the seller’s representation or the conversion cannot be documented.
Decision input 3: reconcile land share and registered use
Review the arsa payı associated with the independent unit. TKGM describes it as the common land-ownership share allocated to the unit and notes that it transfers together with the independent section. A different land share, independent-unit number or registered use across the documents can affect the reliability of the identification and should be explained before commitment. Do not decide that a land share is incorrect merely because the apartment is larger or smaller than another unit; the original allocation follows the legal and project framework, and the land-registry directorate does not itself re-value each unit to retest that allocation.
Green decision: status can be relied upon
A green decision is appropriate when a fresh official record shows Kat Mülkiyeti for the exact unit, the main identifiers and land share reconcile, the registered use is understood, and any historic transition from Kat İrtifakı is coherent with the current record. “Green” applies only to this topic. It does not mean that mortgages, annotations, tenant occupancy, zoning, DASK or structural condition have also passed; those remain separate decision files.
Amber decision: proceed only after a defined condition
Use an amber decision when there is a credible path to clarity but a material document is still missing. Examples include an old title copy while a current extract has not yet been obtained, a mismatch between the marketing floor number and the registered independent-unit number that the approved project may explain, or an asserted conversion to Kat Mülkiyeti that has not yet been confirmed in the current registry. The condition should be specific: identify the document or official confirmation required, who must obtain it, and before which payment or signature milestone it must be delivered.
Red decision: do not rely on the ownership claim
A red decision is justified when the seller describes the unit as Kat Mülkiyeti but the current official record shows Kat İrtifakı or another status without a documented explanation; when the unit itself cannot be matched; when the land share or registered identity conflict is material and unresolved; or when the buyer is pressured to treat a screenshot, translation or verbal statement as superior to the current official record. In that situation the correct response is not to guess which document is “probably” right, but to resolve the registry question first.
What this framework does not decide
Kat Mülkiyeti is a legal registration status, not a building-safety rating. It also does not erase mortgages, liens, family-residence annotations or other restrictions. TKGM’s guidance makes clear that project-compliance and technical assessment are not automatically performed by the land registry merely through condominium registration. Therefore the decision should be written narrowly: “condominium ownership status verified for this unit as of this date,” rather than “the property is legally and technically risk free.”
Primary official sources
- TKGM, 2021/4 Kat Mülkiyeti / Kat İrtifakı guidance.
- TKGM FAQ on conversion from Kat İrtifakı to Kat Mülkiyeti.