Ownership Share Ratio — Questions a Buyer Should Ask
When a Turkish title record shows an arsa payı, the buyer should ask questions that reveal what the fraction means for the exact independent unit rather than merely asking whether “the deed is clean.” The useful questions connect the share to the unit identity, the condominium project and any historical change. They also prevent common misunderstandings, such as assuming that the share percentage is the apartment’s usable area or that it automatically grants exclusive rights over common spaces.
What is the exact registered fraction?
Ask for the current title record and read both the numerator and denominator. Request the record for the specific block, floor and independent-unit number. If the seller quotes a percentage, ask how it was derived and compare it with the registered fraction. A percentage in a brochure should not replace the official entry.
Does the approved project identify the same unit?
Ask to see the relevant approved condominium or construction-servitude project material where available. The purpose is not to redesign the building; it is to confirm that the unit carrying the share is the unit being purchased. If the project uses a different unit number or block description, ask for the document explaining the change.
Has the arsa payı ever changed?
If old deeds or management records show another ratio, ask when and why it changed. A lawful correction should have a traceable basis. The buyer should be able to distinguish a historical record from a current inconsistency. Do not accept the explanation “the system was updated” without identifying the registration or official document behind the update.
Why is this share different from similar apartments?
Two apartments with similar floor area can have different shares because the original allocation reflects value factors, not area alone. TKGM guidance notes that location and size are among the considerations used in allocating shares. An unusual ratio therefore calls for context, but it is not automatically evidence of illegality. Ask whether there has been a correction, court process, unit merger or subdivision that explains the difference.
Does the share give me a private parking place, garden or terrace?
Do not assume so. Ask for the legal basis of any exclusive-use claim. A common-area arrangement, appurtenance, management-plan provision or project designation is a separate matter from the arsa payı itself. If the property price includes a claimed exclusive area, document that right independently.
Will my aidat equal this percentage?
Not necessarily. Common expenses are governed by the Condominium Ownership Law and the management structure, and different categories of expense can follow different allocation rules. Ask the management for the current dues schedule and the management plan rather than using arsa payı as a substitute.
What happens if the ratio is wrong?
Ask who will seek correction, what procedure is required, whether other owners must be involved and whether the correction can realistically occur before closing. Avoid buying on the assumption that every mismatch is a simple clerical edit. A disputed allocation can be a legal issue rather than an administrative typo.
Which document should be attached to the sale file?
Keep the current land-registry record used for the decision, the relevant project page or official explanation, and any correction document. If a discrepancy was resolved, preserve both the old evidence and the document that resolves it so the transaction history remains understandable.
These questions are useful because they keep the buyer focused on the share actually acquired with the unit. They do not turn arsa payı into a general measure of quality, value, seismic safety or tax exposure—topics that require separate evidence.
Official sources
- TKGM condominium ownership / construction servitude guidance.
- Law No. 634, Kat Mülkiyeti Kanunu.