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What is the difference between Flat Ownership (Kat Mülkiyeti) and Construction Servitude (Kat İrtifakı)?
Under the provisions of Turkish Flat Ownership law (Condominium Ownership Law), independent ownership rights (Kat Mülkiyeti) may be established by the owner on the parts of completed building if they are available to be used separately and independently. Flat Ownership is a private ownership regarding to the building plot share and common premises of the main real estate.Servitude Rights may be established by the owner of a building plot on the parts of a building being built or to be built in the future. The base for this is the flat ownership to be established after the building has been completed.
Construction Servitude is a servitude type depending on building plot share and converted into the flat ownership upon receiving the habitation certificate (occupancy certificate) for the entire building ex officio under the provisions of Turkish Flat Ownership Law. This procedure can also be done by an application of the plot owner or one of the construction servitude right holder.
Flat Ownership and Construction Servitude start with the registration in the Land Register (Title Deed Register). Flat Ownership cannot be established only on one or several parts of main real estate.
İRFAN GÜLŞEN
Avukat & Arabulucu
İslamhaneleri Mahallesi
Hürriyet Caddesi No:10/A-922
Bodrum Muğla
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