Kat İrtifakı versus Kat Mülkiyeti: understanding condominium title status in Türkiye
Kat irtifakı and kat mülkiyeti are related forms within Türkiye's condominium-property system, but they describe different stages and legal configurations. TKGM guidance explains that kat mülkiyeti is established on a completed building, while kat irtifakı can be established on land where the building has not yet been built or has not been completed. For a buyer, the distinction should be read together with the exact independent unit, approved architectural project, building/occupancy records and the current land-registry entry. A label alone is not enough to decide whether a property is suitable.
What kat irtifakı means
Kat irtifakı is a construction servitude connected to a planned building and its future independent units. It allows the land and the rights allocated to projected independent sections to be organised before full completion. This is common in development-stage projects and is not automatically evidence of a defect. However, a buyer should not assume that a kat irtifakı record proves the building is complete, that occupancy permission has been obtained, or that the physical apartment matches the approved project. Those facts require separate evidence.
What kat mülkiyeti means
Kat mülkiyeti is condominium ownership over independent units in a completed structure. TKGM materials link establishment of kat mülkiyeti to completion-related documentation and the approved project. For a buyer, the status provides a clearer completed-unit ownership framework, but it does not prove that every later renovation inside the apartment is authorised, that there are no mortgages or attachments, or that the building has no maintenance or structural problems. Current title restrictions, physical condition and management documents still need review.
The occupancy permit and conversion process
TKGM explains that where kat irtifakı has been established and a Yapı Kullanma İzin Belgesi has been obtained, conversion to kat mülkiyeti can occur through the official process, including ex officio conversion in defined circumstances after the competent authority transmits the required information. This makes occupancy status an important check when a completed building still appears as kat irtifakı. The correct question is not simply “Why is it still kat irtifakı?” but “What is the building's actual completion and occupancy record, and what step remains in the registry process?”
Independent unit number and approved project
In both statuses, the independent unit should be traceable from the land-registry record to the approved architectural documentation and then to the physical apartment. Compare building/block, floor, independent-unit number, property characteristic and any associated appurtenances. Sales-office codes and municipal door numbers can differ from the registered independent-unit number, so any difference should be explained with official project or numbering evidence rather than a verbal assurance.
Arsa payı is attached to the unit
TKGM defines arsa payı as the share of common ownership in the main land allocated to an independent unit according to the condominium framework. The share is tied to the independent unit and transfers with it. It should not be confused with the apartment's floor area, a separate plot of land or an automatic right to exclusive use of a garden, parking bay or storage space. Exclusive rights over those areas should be verified through the title/appurtenance record, approved project and management plan as applicable.
Common areas and the management plan
Ownership of an independent unit also carries rights and obligations in common areas. The management plan and owners' decisions can affect use, costs and rules even though they do not change the registered identity of the unit. When comparing kat irtifakı and kat mülkiyeti properties, review how common areas, amenities, parking and maintenance are documented and funded. A new project with attractive shared facilities can have future operating obligations that are not visible from the title status alone.
How a buyer should decide
Do not reject every kat irtifakı property or accept every kat mülkiyeti property without further review. For kat irtifakı, focus on construction completion, building permit, occupancy record, approved project, developer obligations and the path to completed condominium status. For kat mülkiyeti, confirm the registered unit, current encumbrances, later alterations, management liabilities and physical condition. In both cases, keep title identity, building legality and technical quality as separate questions.
Closing checklist
Before payment, obtain current registry information, match the exact independent unit, confirm arsa payı and property characteristic, review the approved project and verify occupancy/completion evidence relevant to the building. Record whether the property is kat irtifakı or kat mülkiyeti and why that status is appropriate at the present stage. A strong file explains the legal status rather than using it as a marketing label.
