Title Deed Guide
Construction Servitude, Condominium Ownership and Shared Title Deeds
The difference between construction servitude and condominium ownership, conversion after the occupancy permit, joint and shared ownership, subdividing shared land and 2/B lands in Turkey.
Last updated: · RE/MAX İDA
Especially when buying a new apartment or a plot of land, the type of ownership on the title deed directly affects what you can do later. In this guide we summarise the most common types of ownership in plain language.
Construction servitude and condominium ownership
- Construction servitude (kat irtifakı): A right established for the future independent units of a building that has not yet been completed or has not received its occupancy permit (iskan). Title deeds for off-plan apartments are usually issued in this form.
- Condominium ownership (kat mülkiyeti): Full ownership of an independent unit, established once the building is completed and the occupancy permit has been obtained. Condominium ownership is an advantage for mortgages and resale.
Joint and shared ownership
Inherited properties are usually held in joint ownership (elbirliği); the co-owners can only act together. In shared ownership (müşterek mülkiyet), each owner’s share is recorded separately on the title deed and each can sell their own share alone.
Separating a share of shared land
Whether a jointly owned plot can be physically divided (ifraz) depends on zoning legislation. If the plot size and zoning conditions do not allow it, the co-ownership continues. When buying a share of land, we recommend checking this with the municipality in advance.
The information on this page is for general guidance only.
Frequently asked questions on this topic
How can I convert joint ownership into shared ownership?
Joint ownership (elbirliği mülkiyeti) can be converted into shared ownership (müşterek mülkiyet) if all co-owners apply together or a court decision is obtained. As a result, each owner’s share is recorded separately on the title deed.
Which documents are required to establish construction servitude?
To establish construction servitude (kat irtifakı), an approved architectural project, a site plan, a building permit and the identity details of the owners are required. The application is made to the land registry with these documents.
How does construction servitude become condominium ownership?
Once the building is completed and the occupancy permit (iskan) has been obtained, it is converted to condominium ownership (kat mülkiyeti). If the necessary conditions are met, the conversion can also be done automatically.
How are 2/B lands transferred?
Properties falling under the “2/B” category (former forest land) are not transferred by applying directly to the land registry. First, the relevant public authority (usually the Ministry of Environment, Urbanisation and Climate Change) completes the necessary procedures. Once the authority has identified the rightful owners and completed the sale process, it sends an official notification to the land registry, which then carries out the registration. An individual application by the citizen is usually not sufficient.
My sibling and I bought a plot together; I want to separate my share. How does that work?
For a jointly owned plot to be divided into separate parcels, the property must comply with zoning legislation. If the zoning conditions allow it, a subdivision (ifraz) can be carried out. If it does not comply with the zoning plan, the shares cannot be physically separated and the co-ownership continues; the share then exists only as a ratio on the title deed.