Construction Servitude Status: Decision Framework
A purchase decision involving kat irtifakı should not be reduced to the question “Is this type of title acceptable?” The decision depends on why the construction-servitude status exists for this unit, whether it is consistent with the project stage, whether the registered right matches the approved project and physical property, and whether the remaining path to the buyer’s intended end state is documented. This framework converts those findings into a property-specific decision rather than treating every kat irtifakı unit as having the same risk.
Question 1: is the right being purchased unambiguously identified?
If the independent-unit number, block, floor, owner and land share cannot be matched to the approved project and the apartment being offered, the decision lacks a reliable foundation. It is not enough that an apartment physically exists and a title document carries the project name. The buyer must know which registered right will transfer. A numbering difference can be acceptable when it has a documented, repeatable explanation; an unexplained identity difference should prevent commitment until it is resolved.
Question 2: does kat irtifakı fit the current project stage?
For a genuine development still under construction, kat irtifakı may be entirely consistent with the stage of the project. The decision then focuses on delivery, construction performance and contractual protection. For a completed and occupied building, the analysis changes. Has a Yapı Kullanma İzin Belgesi been issued? Is conversion to kat mülkiyeti available? Is there a specific, evidenced reason why conversion has not taken place? The framework does not penalize the label; it asks whether the label reflects the real stage or conceals an unexplained gap.
Question 3: which document would resolve each open issue?
Every uncertainty should be converted into a specific evidence request. A unit-number question calls for a registry-to-approved-project match. A completion question calls for records from the licensing authority. A claim that conversion is imminent calls for proof of what has actually been issued and which procedure remains. This discipline prevents vague assurances such as “there is no problem” or “every apartment here has the same title” from becoming substitutes for evidence.
When can the buyer proceed without a kat-irtifakı-specific condition?
In an unfinished project, the status can be acceptable for this topic when unit identity, registered owner, land share and approved project align; kat irtifakı is appropriate to the construction stage; and future delivery obligations are protected in the contract. In a completed building, the risk may still be manageable when the reason for continued kat irtifakı is known, occupancy and conversion documents are clear and there is no material project mismatch affecting the unit. Other title, tax, engineering and payment checks remain separate requirements.
When should the purchase be conditional?
If a defined gap can realistically be closed before a stated milestone, the buyer can consider a written condition rather than simply accepting the uncertainty. Examples include obtaining a specific municipal record, resolving a documented numbering mismatch or completing a registration step whose legal basis is already established. The condition should define the acceptable document, the issuing authority, the deadline and what happens to payment or the contract if it is not delivered. A general promise of future conversion is not a measurable condition.
When should the buyer stop?
Do not proceed when the legal unit cannot be identified, when the registry, approved project and physical unit contain a material unresolved conflict, when the transaction depends on assuming that an occupancy or conversion document will appear without evidence, or when the seller refuses access to the records needed to answer these questions. Stopping in such a case is not a judgment that all kat irtifakı property is unsafe; it is a response to an unverified right in the specific transaction.
Primary sources
The decision should rely on current TKGM registration information and official guidance on establishing kat irtifakı and moving to kat mülkiyeti, together with the approved project, permit and occupancy records of the competent authority. Each item must relate to the actual independent unit and be current enough for the decision date.