Everything You Need to Know About Floor Easement in Turkey

A floor easement represents the ownership right over an independent unit inside an unfinished residential building. Floor easements are associated with projects that are either under construction or yet to begin. Floor easements can involve multiple landowners. In this case, they safeguard the rights of all parties by clearly outlining the project and its units. Therefore, floor easements are considered one of the essential Turkish property documents during the construction phase.

This page offers a complete guide to the floor easement in Turkey, covering the required documents, legal process, and differences from the condominium title.

What is a floor easement in Turkey? How is it different from a condominium title?

Both of these types of title deeds reflect property ownership. Floor easement (kat irtifakı) means the ownership right of an independent unit within an unfinished residential project. Condominium title (kat mülkiyeti), on the other hand, applies to the independent units inside a completed building. Also known as floor ownership or full ownership, a floor easement must be converted into a condominium title once the construction is completed, and the property becomes legally habitable. This is what makes a floor easement a temporary ownership document.

Legal Importance of Floor Easement Before Construction Completion

A floor easement defines the independent units within a building before its construction is completed. It ensures that details such as each unit’s size, address, and owner are clearly recorded in the title deed registry. Establishing a floor easement before the construction is completed helps protect property owners’ rights, prevents future disputes, and enables the legal procedures to proceed more quickly and efficiently.

What are the Steps for Floor Easement Registration?

The steps to register a floor easement at the land registry in Turkey are simple. This entire process can also be carried out by a legal representative with a power of attorney.

1. Ensure Zoning Compliance: The project must fully comply with Turkey’s zoning and development regulations.
2. Define Independent Units and Owners: Each independent unit must be clearly identified and mutually agreed upon by all stakeholders. If disputes arise, they may be resolved in court.
3. Draft the Floor Easement Deed: Once the agreement is in place, property owners (or their legal representatives) must prepare a formal deed outlining the floor easement details (units’ sizes and owners).
4. Apply to the Land Registry Office: The floor easement deed must be submitted to the Land Registry Directorate (Tapu Kadastro Müdürlüğü) for official registration.

Documents Required to Apply for Floor Easement in Turkey

You must bring the following documents to the Land Registry Directorate:

• IDs and recent passport-sized photographs of all landowners
• Title deed (tapu senedi) of the land
• Floor easement establishment declaration, signed by all owners
• Layout plan (vaziyet planı) showing the full structure and independent units
• Management plan (yönetim planı), signed by all owners
• Condominium ownership register (kat mülkiyeti kütüğü)

Is it safe to buy property with a floor easement?

Yes. Purchasing a property with a floor easement is generally safe, especially when the process is handled correctly and transparently.

However, some potential risks still exist:

• The property may have debt, which could be transferred to the new owner.
• Banks may reject housing loan applications for properties with a floor easement.
• Developers might deviate from the approved project plan.
• The project could face delays or interruptions.

In these situations, a well-drafted property purchase contract will protect your legal rights. Still, there might be financial or time-related setbacks.

Tips to avoid these risks:

• Work with reputable developers with a proven track record.
• Review past projects and delivery times.
• Consider consulting with property professionals for the easement process.
• Opt for a property with a condominium title instead.

Legal process of converting a floor easement to a full title deed in Turkey

You can begin the legal process once the construction is completed and the building is ready for residential use. This process is carried out through the Land Registry Directorate (Tapu ve Kadastro Müdürlüğü).

You will need the following documents:

• Occupancy permit
• Architectural project and layout plan
• List of independent units and land shares
• Existing title deeds
• Application petition and ID documents of the owners
• DASK (Compulsory Earthquake Insurance Policy) for each independent unit
• Debt clearance certificate

Once these documents are submitted, homeowners will receive a new condominium title deed for their independent units.

Frequently Asked Questions About Turkey’s Floor Easement

Q. What is the difference between a floor easement and a condominium title (floor ownership) in Turkey?
A. Both documents serve as an ownership certificate. Floor easement refers to the registration of ownership rights for individual units in an unfinished project. A condominium title (also known as floor ownership or full ownership) is issued when the building is ready for residential use.

Q. How does floor easement affect property rights in Turkey?
A. Owners of units under a floor easement have limited rights. They can sell, transfer, mortgage, or pass on the unit. However, they cannot make unilateral decisions about common areas. Any action that affects shared spaces must be agreed upon by all parties.

Q. Why is floor easement important during the construction phase in Turkey?
A. A floor easement protects the rights of each landowner during construction. It clearly outlines the ownership boundaries and shared areas of a project.

Q. Can I sell a property with a floor easement in Turkey?
A. Yes, you can sell the individual unit you own. The process must be completed in the Land Registry Directorate.

Q. How to obtain a floor easement deed in Turkey?
A. You must visit a Land Registry Office with the required documentation. If other landowners are involved, their approval is also necessary.

Q. How to check if a Turkish property has a floor easement?
A. You can verify this on the property’s title deed. It features specific columns indicating whether the property has a floor easement (kat irtifakı) or a condominium title (kat mülkiyeti). Only one of these sections will be marked on the deed.

Q. Do I need a lawyer to get a floor easement in Turkey?
A. Not necessarily. You can complete the whole process independently. However, it is advisable to get legal experts' help with floor easement registration. This not only protects your rights but also ensures a quicker and smoother process.

Q. How to cancel a floor easement?
A. A Floor easement ends in the following cases:

• When the deed is converted into condominium ownership,
• If the owners submit a written request to the Land Registry Office,
• Via the request of any owner, if the construction has not started within 5 years.