One of the terms you may encounter when buying a property from Turkey is " condominium title deed " (kat mülkiyetli tapu) and " construction servitude deed " (kat irtifaklı tapu). These terms represent different forms of property rights and title deeds. In this article, I will explain what "condominium title deed" and " construction servitude deed " are and the differences between them.
What is condominium title deed? (Kat mülkiyetli tapu)
Condominium title deed represents ownership of a unit within a building or complex that consists of multiple independent sections (apartment, commercial unit, etc.). Each independent section may have separate ownership rights. Condominium title deed is a type of title deed that documents the ownership of an individual's independent section and their share in the common areas. Common areas, such as elevators, corridors, gardens, are shared among all property owners, and their management is typically handled by a condominium association.
What is construction servitude deed? (Kat irtifaklı tapu)
Construction servitude deed, on the other hand, is a type of title deed given during the construction phase of a building or when the construction is not yet completed. Construction servitude refers to a temporary legal arrangement used for the procedures of floors, independent sections, or title deeds of rights holders on an under-construction building. When the construction is completed, and separate title deeds are issued for each independent section, construction servitude deed is converted into condominium title deed. In other words, construction servitude deed is a temporary type of deed during the construction process.
The main differences between condominium title deed and construction servitude deed are as follows:
Ownership Status
Condominium tittle deed represents the ownership of a completed building or unit, whereas construction servitude deed indicates ownership of a building that is under construction or not yet completed.
Validity Period
Condominium title deed is a continuously valid type of deed. However, construction servitude deed is canceled when the construction is completed, and separate title deeds are issued for each independent section.
Title Deed Procedures
While separate title deeds are issued for each independent section in condominium title deed, a temporary arrangement is made with construction servitude deed during the construction process, and separate title deeds are issued when the building is completed.
Management
In condominium title deed , the management of independent sections is typically handled by a condominium association. On the other hand, in construction servitude deed, since it pertains to an unfinished building, the management is usually provided by the contractor or construction company.
In conclusion, there are differences in title deed procedures, ownership status, and management factors. It is important to have accurate information about the type of title deed when purchasing a property, and consulting with an expert when necessary would be beneficial.
