Construction Servitude Status: Recordkeeping
A sound record for a kat irtifakı property should let a later reviewer reconstruct three things without relying on memory: which independent unit was registered, what the approved project and building status were at the relevant date, and whether the route toward kat mülkiyeti was complete, pending or not yet available. Recordkeeping is not the act of collecting every document the seller can produce. It is the disciplined preservation of the documents that prove the legal identity and status of the unit.
Keep the current land-registry evidence
Preserve the registry output used for the decision, including the date it was obtained. The file should show the parcel, block where applicable, independent-unit number, registered use, land share and current ownership status. A later screenshot should not silently replace the earlier version. If the registration changes, keep both versions and note what changed and when.
Preserve the approved-project link
The approved architectural project is central to understanding which future or incomplete independent unit the kat irtifakı right concerns. Keep the pages or official extracts that identify the unit, together with any reliable mapping between a developer’s commercial apartment number and the official independent-unit number. If parking spaces, storage rooms or other annexes are part of the sale, retain the project or registry evidence that explains their legal relationship to the unit.
Keep the documents that explain the stage of the building
Store the relevant building permit, approved amendments and, when issued, the Yapı Kullanma İzin Belgesi. Do not place them in one folder under a vague label such as “municipality papers.” The closing file should show which document is a building permit, which is an occupancy permit, the authority that issued it and the date. This matters because kat irtifakı and kat mülkiyeti describe different registration positions and the buyer must be able to understand which stage was actually reached.
Document the conversion history
If the property later moves to kat mülkiyeti, preserve the evidence of that change rather than discarding the kat irtifakı history. Keep the new title evidence, relevant official transmission or registration information, and the date on which the status changed. If conversion was promised but not completed, retain the seller’s written undertaking, the official application or correspondence relied upon, and the outstanding requirement. This makes it possible to distinguish a genuine pending procedure from an unsupported sales statement.
Record discrepancies instead of hiding them
If the title says one independent-unit number while the contract or project uses another, keep the documents that resolve the difference. If the physical apartment contains a modification that does not appear in the project, record the discrepancy and the response of the competent authority or professional consulted. Do not “clean” the file by retaining only the version that supports the sale. A useful due-diligence file preserves both sides of a material conflict and the evidence that closed it.
Keep the transaction documents tied to the status
The final contract should identify the legal status accurately. Where the price, payment schedule or handover was conditional on an occupancy permit or conversion, retain the exact clause and proof that the condition was satisfied or waived with informed written consent. If a retention amount was used, keep the release document and the evidence that triggered release. This prevents a later dispute over whether the buyer accepted continuing kat irtifakı knowingly or was promised a different status.
Use dates and version control
Every important document should have a retrieval or issue date. For electronic documents, preserve the original file rather than only a screenshot when possible, and keep the verification information available from the issuing authority. For translated documents, retain the source-language original with the translation. If an updated project, permit or registry record appears, label the old and new versions clearly instead of overwriting one with the other.
What should not be treated as proof?
Brochures, sales presentations, messaging-app statements and a developer’s internal unit list can explain the commercial history, but they do not replace the land registry, approved project or competent-authority documents. Keep such material when it contains a promise relevant to the contract, but file it separately from the evidence used to prove the legal status.
Retention after purchase
The buyer should retain the core status file for as long as it remains relevant to ownership, financing, resale or a later conversion. If the unit is eventually registered under kat mülkiyeti, the earlier documents can still explain the chain of rights and any historic contract obligation. A well-kept file reduces dependence on the seller or intermediary years later and makes a future sale easier to audit.
Primary official sources
- TKGM — Kat İrtifakı ve Kat Mülkiyeti Genelgesi and current amendments.
- Law No. 634 on Condominium Ownership.