When purchasing a property in Türkiye (especially a newly built or off-plan apartment), foreign buyers often or they should encounter legal concepts like Kat İrtifakı (floor easement) and Kat Mülkiyeti (condominium ownership). Understanding the difference between these two types of title deeds is essential for anyone considering property investment in Türkiye. To safeguard the ownership or the value of their investment.
At Bayraktar Attorneys, we advise and represent foreign nationals throughout the property acquisition process. In this article, we explain how floor easement works, how it transitions into full ownership, and why legal support is especially important when buying at the early stages of construction.
1. What is Floor Easement (Kat İrtifakı)?
A floor easement is a preliminary type of title deed that is issued before or during the construction phase of a building. It establishes the legal framework for individual ownership rights over each independent unit (such as flats or commercial units) in a building project that is not yet completed.
Documents Required to Establish a Floor Easement
Building permit (Yapı ruhsatı)
Approved architectural project
Declaration of landowners
List of independent sections (with land shares)
Title deed and ID documents
Structural plans and, if applicable, soil reports
Land-for-construction contract (if applicable)
Once submitted to the land registry office, separate title deeds for each unit are issued, which legally register the future plan of the building.
Applicant: Landowner or construction company with a notarized power of attorney
2. Occupancy Permit (Yapı Kullanma İzni / İskan)
This permit confirms that the building is safe, suitable, and legally fit for habitation. The local municipality issues it once all requirements are met.
Required Documents
Building permit
Completion documents
SGK (social security) debt clearance certificate
Technical compliance certificates
Fire department clearance
Report from the construction supervision institution
Applicant: Construction permit holder or building owner
Only after this permit is issued can the property legally be used, rented out, or occupied.
3. What is Condominium Ownership (Kat Mülkiyeti)?
The occupancy permit (yapi kullanma izni / iskan) confirms that the building is safe, suitable, and legally fit for habitation. The local municipality issues it once all requirements have been met, and only after this permit is issued can the property legally be used, rented out, or occupied.
The documents generally required to obtain the occupancy permit include:
- Building permit
- Completion documents
- SGK (social security) debt clearance certificate
- Technical compliance certificates
- Fire department clearance
- Report from the construction supervision institution
Who may apply: the application is made by the holder of the construction permit, or by the building owner.
4. Completion of Construction
Once construction is completed in accordance with the approved project and technical specifications, the developer must obtain a series of technical reports and certificates before the property can proceed toward condominium ownership.
The documents generally required at this stage include:
- Approved implementation project files
- Construction supervision reports
- Electrical, mechanical, and safety system reports
- Soil analysis report
- Notification of project completion
- Material compliance documents, where applicable
This phase must be formally certified by the relevant authorities, as it is a precondition for applying for the building occupancy permit (iskan).
Once construction is completed in accordance with the approved project and technical specifications, the developer must obtain a series of technical reports and certificates before the property can proceed toward condominium ownership.
The documents generally required at this stage include:
- Approved implementation project files
- Construction supervision reports
- Electrical, mechanical, and safety system reports
- Soil analysis report
- Notification of project completion
- Material compliance documents, where applicable
This phase must be formally certified by the relevant authorities, as it is a precondition for applying for the building occupancy permit (iskan).
5.Why This Process Matters for Foreign Property Buyers
Foreign investors often purchase properties at the floor easement stage, especially when buying into off-plan or ongoing construction projects. This is legal and common, but it carries specific risks. Your sales agreement or even title deed does not reflect full legal ownership until the property is converted to condominium status. The developer must obtain the occupancy permit and finalize all legal steps—otherwise, you may not be able to use or sell your property freely. Our guidance on securing title deed ownership when buying off-plan real estate addresses these concerns in detail.
6.Important Note for Foreign Buyers
Before purchasing a property under a floor easement title:
Verify whether the developer is legally able and contractually obligated to obtain the occupancy permit and complete the title conversion to condominium ownership. (Otherwise, you own a structure, not a home; unlicensed, unsellable, and legally uninhabitable).
Work with a lawyer experienced in Turkish real estate law and foreign buyer transactions.
Review all permits, construction licenses, and zoning compliance before signing a contract or transferring funds.
It is also worth understanding the terms set out in the sale contract itself, which we cover in our overview of off-plan real estate sales agreements in Turkey, as well as the broader real estate purchase procedures for foreigners in Türkiye.
7.Why Work With Bayraktar Attorneys
At Bayraktar Attorneys, we specialize in serving foreign clients only. We help you:
Review the construction project's legal documentation
Evaluate the risks of buying at the floor easement stage
Ensure that your property will be legally converted to full ownership
Represent you at the title deed transfer and registry office
Conduct due diligence on the developer and project permits
Safeguard your investment throughout the process
8.Frequently Asked Questions
- What is the difference between floor easement and condominium ownership in Turkey?A floor easement (kat irtifaki) is a preliminary title deed issued during the construction phase, granting rights over a planned but not yet completed unit. Condominium ownership (kat mulkiyeti) is full legal ownership established after construction is complete and the occupancy permit has been obtained. Only condominium ownership grants full, unrestricted property rights.
- Can a foreign national purchase a property that is registered under a floor easement in Turkey?Yes. Foreign nationals may legally purchase property at the floor easement stage. However, the title deed will not reflect full ownership until the property is converted to condominium status, which requires the developer to obtain the occupancy permit and complete the formal conversion at the land registry.
- Is it safe to buy off-plan property in Turkey?It is legally possible, and common, but it carries specific risks. The developer must fulfill its obligation to obtain the occupancy permit and complete the title conversion. Before purchasing, buyers should verify the developer's permits, review the sale contract carefully, and confirm that the project complies with zoning and construction regulations.
- What is an occupancy permit (iskan) and why does it matter?An occupancy permit (yapi kullanma izni) is an official document issued by the local municipality confirming that a building has been completed in accordance with its permit and is legally fit for habitation. Without it, condominium ownership cannot be established, and the property cannot lawfully be rented out or occupied.
- Can a floor easement be sold, mortgaged, or inherited?Yes. A floor easement is a right in rem registered in the land registry, and as such it can be sold, mortgaged, donated, or transferred through inheritance. However, it does not carry the same legal weight as full condominium ownership, and bank financing may be more limited for properties at this stage.
- Does the time spent as a floor easement holder count toward Turkish citizenship by property investment?No. Turkish citizenship by real estate investment requires a property with a minimum declared value. Beyond the value threshold, the property must carry a valid occupancy permit (iskan) and be eligible for the relevant permit category. A property stuck at the floor easement stage without an iskan will generally not meet the eligibility criteria for the property based residence permit or the citizenship by investment pathway.
9.Conclusion
The process from floor easement to full ownership in Türkiye is complex and highly regulated. Buying property during construction can be profitable, but it also carries legal risks, especially if you're unfamiliar with Turkish real estate law.
If you're considering purchasing a property that is not yet completed or not yet converted to condominium ownership, we strongly recommend that you work with a qualified, English speaking law firm that specializes in foreign clients.
Contact Bayraktar Attorneys today for legal guidance on your real estate purchase in Türkiye.
