When purchasing property in Turkey, particularly a newly built or off-plan apartment, foreign buyers encounter two legal concepts that determine what they actually own: Kat Irtifaki (floor easement) and Kat Mulkiyeti (condominium ownership). Understanding the difference between these two forms of title is essential for anyone considering property investment in Turkey, because the distinction directly affects the security of your ownership and the value of your investment.
At Bayraktar Attorneys, we advise and represent foreign nationals throughout the property acquisition process. This article explains how floor easement works, the sequence of steps required to convert it into full condominium ownership, and why legal support matters most at the early stages of construction.
Quick answer: A floor easement (kat irtifaki) is a preliminary title deed issued before or during construction. It registers your rights over a planned unit but does not represent completed ownership of a habitable property. Condominium ownership (kat mulkiyeti) is full legal ownership, established only after construction is complete and the occupancy permit (iskan) has been obtained. Until that conversion happens, the property cannot lawfully be occupied or rented out, and its marketability and financing options are significantly restricted.
A floor easement is a preliminary type of title deed 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.
The floor easement is a right in rem registered in the land registry. It converts what would otherwise be an undivided share in a plot of land into a defined, transferable right over a specific future unit. This is what makes off-plan sales possible: the purchaser acquires a registered legal right over a unit that does not yet physically exist.
Once these are submitted to the land registry office, separate title deeds are issued for each unit, legally registering the planned configuration of the building.
Who may apply: the landowner, or the construction company acting under a notarised power of attorney.
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. This stage is a precondition for the occupancy permit application and cannot be skipped or accelerated.
The documents generally required at this stage include:
This phase must be formally certified by the relevant authorities. A project that has been physically completed but has not obtained these certifications cannot proceed to the occupancy permit stage, and the units remain locked at floor easement status.
The occupancy permit confirms that the building is safe, suitable, and legally fit for habitation. It is issued by the local municipality once all requirements have been met, and it is the single most important document in the conversion process. Only after this permit is issued can the property legally be used, rented out, or occupied.
Who may apply: the holder of the construction permit, or the building owner.
Important: the occupancy permit is the gateway to condominium ownership. A building without an iskan cannot be converted to kat mulkiyeti, regardless of how complete it appears physically or how long ago construction finished. Buildings that were constructed with deviations from the approved project, or where the developer has outstanding SGK debts, frequently stall at this stage for years.
Condominium ownership is the final and complete form of title over an independent unit in a multi-unit building. It is established under the Condominium Law (Kat Mulkiyeti Kanunu, Law No. 634) and represents full, unrestricted ownership of the specific unit, together with a proportionate share in the common areas of the building.
Once condominium ownership is established, the title deed records the unit as an independently owned property rather than as a right over a planned unit. The practical consequences are substantial:
The conversion from floor easement to condominium ownership is an application made to the land registry office. It requires the occupancy permit, the approved project documentation, the management plan, and the list of independent sections. The application may be made by any of the owners, and the conversion is registered across all units in the building simultaneously.
Under the Condominium Law, the conversion is not optional once the conditions are satisfied. Where the building has obtained its occupancy permit, the owners are entitled to require the establishment of condominium ownership, and a co-owner who refuses to cooperate can be compelled through the courts.
| Feature | Floor Easement (Kat Irtifaki) | Condominium Ownership (Kat Mulkiyeti) |
|---|---|---|
| When it exists | Before or during construction | After construction is complete and the iskan is issued |
| What it registers | A right over a planned unit | Full ownership of a completed unit |
| Lawful occupation | Not permitted; the building is not certified fit for habitation | Permitted |
| Letting the property | Not lawfully possible | Permitted |
| Sale and transfer | Possible, but marketability is restricted | Unrestricted |
| Mortgage and bank financing | Possible but limited; many banks decline | Available on ordinary terms |
| Inheritance | Transferable by inheritance | Transferable by inheritance |
| Building management framework | Not yet operative | Management plan and common expense rules apply |
| Property-based residence permit | Generally not eligible without an iskan | Eligible, subject to the other statutory conditions |
Foreign investors frequently purchase properties at the floor easement stage, particularly when buying into off-plan or ongoing construction projects. This is entirely legal and very common, but it carries specific risks that are not obvious from the transaction documents alone.
The central point is this: your sales agreement, and even your title deed, do not reflect completed ownership of a habitable property until the unit is converted to condominium status. The developer must obtain the occupancy permit and finalise all legal steps. Until that happens, you hold a registered right over a unit that you cannot lawfully occupy, cannot lawfully rent out, and cannot readily sell or finance.
Our guidance on securing title deed ownership when buying off-plan real estate addresses these concerns in detail.
In our experience, the most common reasons a project fails to progress from floor easement to condominium ownership are:
Each of these is identifiable through proper due diligence before purchase. None of them is easy to resolve afterwards.
Before purchasing a property under a floor easement title, we recommend the following:
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 Turkey.
At Bayraktar Attorneys, we act exclusively for foreign clients. In floor easement and off-plan transactions, we:
9.1. 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 registered 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, including the right to occupy and let the property.
9.2. Can a foreign national purchase a property registered under a floor easement?
Yes. Foreign nationals may legally purchase property at the floor easement stage, and this is very common in off-plan transactions. 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.
9.3. Is it safe to buy off-plan property in Turkey?
It is legally possible and common, but it carries specific risks. The developer must fulfil its obligation to obtain the occupancy permit and complete the title conversion. Before purchasing, buyers should verify the developer's permits and financial standing, review the sale contract carefully, and confirm that the project complies with zoning and construction regulations. The protections available to a buyer depend almost entirely on what was negotiated into the contract before signature.
9.4. 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. It is the single most important document in the conversion process.
9.5. 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. Bank financing is significantly more limited for properties at this stage, and the pool of prospective purchasers is smaller, which affects both price and liquidity.
9.6. Can a property with only a floor easement be used for Turkish citizenship by investment?
For citizenship by investment purposes, properties registered under condominium ownership or under a floor easement are both generally within the accepted categories, provided the applicable value threshold and the other statutory conditions are satisfied. The position is different for the property-based residence permit, which generally requires a valid occupancy permit. Because eligibility depends on the specific status of the property and the applicable requirements at the time of application, we assess this before any purchase intended for citizenship or residence purposes rather than assuming it from the value alone.
9.7. How long does the conversion from floor easement to condominium ownership take?
Where the building has been completed in accordance with its approved project and the developer has no outstanding obligations, the conversion is an administrative process that can be completed within a matter of weeks once the iskan is issued. The variable is not the conversion itself but the occupancy permit: a project with construction deviations, outstanding SGK debts, or incomplete common areas can remain stalled for years.
9.8. What can I do if the developer does not obtain the occupancy permit?
Your options depend on what your sale contract provides. Where the contract contains an enforceable obligation to obtain the iskan within a defined period, together with a penalty or termination right, you have a contractual claim. Where it does not, your position is considerably weaker. Owners may in certain circumstances apply for the occupancy permit themselves, but this requires the underlying compliance issues to be resolved first. This is precisely why the contractual protections must be negotiated before signature.
9.9. I bought years ago and my building still has no iskan. Is my title valid?
Your floor easement title is valid and registered, and your ownership right over the unit is real. What you lack is the legal status that permits occupation, letting, and unrestricted disposal. This is a common situation in Turkey, particularly in older projects, and the route out of it depends on why the iskan was never obtained. We assess the specific obstacle and the available remedies, which may include action against the developer, an application through the current owners, or reliance on an applicable zoning amnesty.
The process from floor easement to full condominium ownership in Turkey is technical, sequential, and highly regulated. Buying property during construction can be commercially attractive, but it carries legal risks that are not apparent from the sale contract alone, particularly for buyers unfamiliar with Turkish real estate law.
The distinction that matters is straightforward: a floor easement gives you a registered right over a planned unit; condominium ownership gives you a completed home you can lawfully occupy, let, sell, and finance. Everything between those two positions depends on the developer obtaining the occupancy permit, and the leverage to ensure that happens is created at the point of contract, not afterwards.
If you are considering purchasing a property that is not yet completed or not yet converted to condominium ownership, we strongly recommend working with a qualified, English-speaking law firm that specialises in foreign clients.
Contact Bayraktar Attorneys today for legal guidance on your real estate purchase in Turkey.
