Closing-Day Check for Construction servitude status

Closing-Day Check for Construction servitude status Before closing review the newest registry plus permit/occupancy status. If conversion to Kat Mülkiyeti is promised before or after sale, document responsibility and timing rather than relying on an oral assurance. 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: Closing-Day Check

The closing-day review for a property registered under kat irtifakı has one purpose: confirm that the right being transferred today is the same right the buyer investigated and that no unresolved issue about the unit, project or conversion status has been hidden by the passage of time. A title copy obtained weeks earlier is not enough. The final decision should be based on current land-registry information and the most recent municipal evidence relevant to the building.

Confirm the title status on the day of transfer

Obtain or review the current registry information for the exact parcel and independent unit. Confirm that the unit is still recorded under kat irtifakı, that the owner and independent-unit identifiers are unchanged, and that the land share attached to the unit is the one previously reviewed. If the status has already been converted to kat mülkiyeti, the closing file should be updated to the new status rather than continuing to describe the property as construction servitude.

Match the official unit, not the sales label

Recheck block, floor, independent-unit number, use and project identity against the approved architectural project. Many developments use commercial apartment numbers that do not equal the official independent-unit number. The buyer should have a written and document-supported link between the marketed unit and the registered unit. A last-minute change of unit, storage area, parking allocation or annex should trigger a fresh comparison with the approved project before payment is released.

Recheck the occupancy-permit position

Kat irtifakı does not itself prove the existence of a Yapı Kullanma İzin Belgesi. If the building is complete or occupied, ask for the latest official position on the occupancy permit and whether the conditions for conversion to kat mülkiyeti have been satisfied. If the seller says conversion is pending, identify the competent authority, the application or transmission relied upon, the date, and any outstanding requirement. A promise that conversion will occur “soon” is not equivalent to an issued permit or completed registration.

Compare the physical unit with the approved project

Before final signature, confirm that no material change has appeared since inspection: merged rooms, enclosed balconies, converted common areas, changed entrances, added mezzanines, reconfigured storage or other alterations that could make the physical unit differ from the approved project. A buyer does not need to turn the closing appointment into an engineering investigation, but a visible discrepancy should not be ignored merely because the title exists.

Check whether the contract treats the status accurately

The final sale documents should describe the current legal status accurately. They should not present kat irtifakı as though it were already kat mülkiyeti, and any contractual promise concerning occupancy permission or conversion should state who is responsible, what evidence will prove completion, and what happens if the condition is not satisfied. If part of the price was deliberately retained until a document is produced, verify that the release condition has actually been met rather than waived orally at the appointment.

Use current official evidence

TKGM guidance distinguishes kat irtifakı, which may be established for a building not yet constructed or not yet completed, from kat mülkiyeti, which is established on a completed building. The same guidance explains that when the conditions for condominium ownership are present, the registry procedure follows the applicable conversion path. This distinction is the legal reason the closing-day file must identify the present status instead of relying on marketing descriptions such as “title deed ready.”

What should stop the closing?

Do not treat every administrative delay as fatal, but stop and resolve a discrepancy if it affects the identity of the right, the legality of the promised use, the existence of the required occupancy evidence, or the buyer’s ability to obtain the status represented in the contract. Examples include a different independent-unit number, an unexplained project mismatch, a claimed occupancy permit that cannot be verified, or a completed building whose continuing kat irtifakı status has no documented explanation despite a contractual promise of kat mülkiyeti.

What belongs in the final closing file?

Keep the current registry evidence, the approved-project pages used to identify the unit, relevant municipal permit and occupancy documents, the final signed contract, written explanations of any unresolved status issue, and any document showing a completed or pending conversion. Record the date on which each official item was checked. The closing file should allow another reviewer to understand exactly what was registered on the transfer date and why the buyer accepted that status.

Primary official sources

TKGM — Kat İrtifakı ve Kat Mülkiyeti Genelgesi and its current amendments.
Law No. 634 on Condominium Ownership.

Frequently asked questions

What is the most important exception or limitation in Kat İrtifakı construction servitude?

Workflow: fresh registry → identify Kat İrtifakı and unit number → review project and building permit → check construction stage and occupancy-permit status → determine whether conversion to Kat Mülkiyeti has started → recheck before final payment. Before closing review the newest registry plus permit/occupancy status. If conversion to Kat Mülkiyeti is promised before or after sale, document responsibility and timing rather than relying on an oral assurance. 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.

How should the exception be documented — Kat İrtifakı construction servitude?

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. Before closing review the newest registry plus permit/occupancy status. If conversion to Kat Mülkiyeti is promised before or after sale, document responsibility and timing rather than relying on an oral assurance. 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.

When should a buyer obtain independent professional review — Kat İrtifakı construction servitude?

If conversion to Kat Mülkiyeti is promised before or after sale, document responsibility and timing rather than relying on an oral assurance. Before closing review the newest registry plus permit/occupancy status. If conversion to Kat Mülkiyeti is promised before or after sale, document responsibility and timing rather than relying on an oral assurance. 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.