Condominium Ownership and Construction Servitude Due Diligence in Türkiye
Official verification and 2026 updates
2026 update: Kat Mülkiyeti establishes the independent-ownership regime but is not itself a structural-safety certificate. Kat İrtifakı should be assessed together with the approved project, building permit and occupancy status. The five-year period relates to the building-permit completion/renewal framework, not an automatic invalidity rule for the servitude. A price holdback or payment-release gate can be used as a contractual risk-control tool, not as a statutory requirement in every deal.
Condominium ownership status Verification Guide
First verify that the registry describes the unit as Kat Mülkiyeti (condominium ownership), not merely Kat İrtifakı. Tie the status to the independent-unit number, approved architectural project and, where relevant, the building occupancy permit; TKGM procedures connect condominium registration to official building and unit records.
Construction servitude status Verification Guide
Kat İrtifakı construction servitude status: Kat İrtifakı is a project-linked legal status before full condominium ownership; the approved project, permit and occupancy status therefore need separate checking rather than treating it as automatically equivalent to Kat Mülkiyeti.
Construction servitude status Decision Framework
Construction servitude status Red Flags Guide
Red flags include a long-completed building with no explanation for continuing Kat İrtifakı, mismatch between the physical unit and project, undocumented promises of imminent conversion, missing permit information, or inability to identify the unit in official documents.
Independent Evidence Replication — Condominium ownership status
Do not rely only on a screenshot or seller-provided file. Reproduce the result from Web Tapu, TKGM or the official registry/plan available to the authorised party, then compare both results. Independent replication reduces stale or altered-document risk. Kat Mülkiyeti records condominium ownership for an independent unit and should be reconciled with unit number, type, land share and project—not merely the complex name or door number. TKGM rules govern establishment of condominium ownership and its link to projects and independent units, while condominium registers have increasingly moved to electronic workflows.
Kat Mülkiyeti does not replace permit, occupancy or later-amendment checks; each document answers a different question and should be reconciled.
Document Version Reconciliation — Condominium ownership status
When there is replacement of a draft, addendum or official document with a newer version.
Resale and Exit Review — Condominium ownership status
Source Freshness Review — Construction servitude status
Tie every conclusion to this exact asset and date. For “Source Freshness Review — Construction servitude status”, begin with construction and servitude and make sure both relate to the same asset, party and review date.
Check source independently from the person or document that supplied construction. If it conflicts with freshness, identify the authoritative owner of the fact and obtain a fresh record.
Change Impact Assessment — Construction servitude status
Build a short contradiction note: what the seller says about impact; what the official record shows; what the physical or payment evidence shows; and what must happen if they disagree.
For change impact assessment, test the strongest claim first. If arsa payı conflicts with approved project, preserve both pieces of evidence and identify the reason for the conflict before treating the file as complete.
Counterparty Confirmation — Construction servitude status
Reconcile the seller or developer’s statement about construction servitude with the current title record, approved project and the exact independent unit. A counterparty statement can explain the file but cannot replace the registry evidence that establishes the current property-right status.
Payment Release Gate — Construction servitude status
Do not release a payment that depends on completed condominium ownership or occupancy merely because construction servitude exists. Tie payment to the current registry status, the approved project, the exact unit and any required occupancy or conversion evidence, and keep the gate closed while a material mismatch remains.
Frequently asked questions
What does Kat Mülkiyeti condominium ownership prove, and what does it not prove?
First verify that the registry describes the unit as Kat Mülkiyeti (condominium ownership), not merely Kat İrtifakı. Tie the status to the independent-unit number, approved architectural project and, where relevant, the building occupancy permit; TKGM procedures connect condominium registration to official building and unit records. This record applies that evidence specifically to Kat Mülkiyeti condominium ownership, and should be reconciled to the exact property rather than generalized from another unit.
What does Kat İrtifakı construction servitude prove, and what does it not prove?
Verify that Kat İrtifakı is actually registered, then link it to the independent unit and licensed architectural project. It is a real right tied to the land share and proposed building; by itself it does not prove that construction is complete or that an occupancy permit exists. This record applies that evidence specifically to Kat İrtifakı construction servitude, and should be reconciled to the exact property rather than generalized from another unit.
How recent should the evidence for Kat Mülkiyeti condominium ownership be before signing?
Risks include confusing Kat Mülkiyeti with Kat İrtifakı, relying on an old title copy, or overlooking a mismatch in unit number or registered use. Condominium status also does not replace checks for mortgages, annotations or physical-project conformity. This record applies that evidence specifically to Kat Mülkiyeti condominium ownership, and should be reconciled to the exact property rather than generalized from another unit.
How can Kat İrtifakı construction servitude affect future resale?
Red flags include a long-completed building with no explanation for continuing Kat İrtifakı, mismatch between the physical unit and project, undocumented promises of imminent conversion, missing permit information, or inability to identify the unit in official documents. This record applies that evidence specifically to Kat İrtifakı construction servitude, and should be reconciled to the exact property rather than generalized from another unit.
How can Kat İrtifakı under current TKGM guidance affect the legal ability to use the property?
TKGM published an amendment on 2 July 2026 to Circular 2021/4 on Kat İrtifakı and Kat Mülkiyeti, so review should use the current instruction rather than an older saved copy. Confirm construction servitude is registered for the correct unit and project, including unit number, land share and use. Do not treat it as automatically equivalent to Kat Mülkiyeti. Before the deadline, ensure missing evidence can be obtained without time pressure undermining due diligence. This record applies that evidence specifically to Kat İrtifakı under current TKGM guidance, and should be reconciled to the exact property rather than generalized from another unit.
What is the most important exception or limitation in Kat İrtifakı under current TKGM guidance?
TKGM published an amendment on 2 July 2026 to Circular 2021/4 on Kat İrtifakı and Kat Mülkiyeti, so review should use the current instruction rather than an older saved copy. Confirm construction servitude is registered for the correct unit and project, including unit number, land share and use. Do not treat it as automatically equivalent to Kat Mülkiyeti. If the record changes after review, assess the impact on price, contract, financing and closing. This record applies that evidence specifically to Kat İrtifakı under current TKGM guidance, and should be reconciled to the exact property rather than generalized from another unit.
When does this point change the go/no-go decision in Counterparty Confirmation — Condominium ownership status: Match the counterparty statement to TKGM records?
Match the counterparty statement to TKGM records; if marketing wording conflicts with official registration, investigate the official record before commitment.
How should this point be verified in practice for Counterparty Confirmation — Condominium ownership status: Require seller/developer to confirm the status expected at…?
Require seller/developer to confirm the status expected at handover, any intended conversion and the document/process supporting it.
How should “Kat İrtifakı is a construction easement established for independent sections” be applied specifically in Kat İrtifakı vs Kat Mülkiyeti: Title Status Guide?
Kat İrtifakı is a construction easement established for independent sections on a parcel before the completed condominium title structure is in place; Kat Mülkiyeti is condominium ownership registered for completed independent sections.
What specific point must be understood in Counterparty Confirmation — Condominium ownership status about: Counterparty confirmation of condominium status should state…?
Counterparty confirmation of condominium status should state whether the unit is registered as Kat Mülkiyeti, Kat İrtifakı or another status rather than using a vague phrase such as 'title ready'.
How should “The distinction is not the same question as whether a” be applied specifically in Kat İrtifakı vs Kat Mülkiyeti: Title Status Guide?
The distinction is not the same question as whether a building has an occupancy permit (Yapı Kullanma İzin Belgesi/iskan). The buyer should check both the title status and the competent authority’s building/occupancy records.
How should “A Kat İrtifakı unit can be transferred, but the buyer” be applied specifically in Kat İrtifakı vs Kat Mülkiyeti: Title Status Guide?
A Kat İrtifakı unit can be transferred, but the buyer should verify the approved project, independent-section identity, construction/occupancy status and the path for conversion to Kat Mülkiyeti rather than assuming conversion is automatic.
