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Title & Cadastre

Construction-Phase Condominium Right

Provisional real right established on the land shares of units in an unfinished building. Governed by Condominium Law 634 arts. 2/c, 3 and 14; converts to condominium ownership upon completion.

Construction-phase condominium right (Turkish: *Kat İrtifakı*) is a provisional real right established before the building is complete on the land shares corresponding to units yet to be built. Governed by Condominium Law 634 (KMK) arts. 2/c and 3. Unlike condominium ownership, which arises only after completion, this right is established at the project stage — enabling the developer to sell units and buyers to receive title during construction.

Establishment (KMK art. 14): The land owner or all co-owners apply with the architectural project and management plan to the land registry. Each unit's corresponding land share is noted in the remarks column of the parent land title. Titles are registered by unit number and attachments. Since 2018 (Law 7099 art. 6), electronic project submission is mandatory.

Conversion to condominium (KMK art. 14): When construction is complete the **occupancy permit (*yapı kullanma izin belgesi*) is issued. Within 60 days of issuance, on transmission to the land registry, the construction-phase right is automatically converted to condominium ownership** — no separate management plan is required. Conversion is free of charge. Each unit then acquires independent real-estate status.

Sale and transfer: A unit with a construction-phase right can be sold, mortgaged or inherited like a normal title. The buyer assumes the risk of non-completion — if the developer fails to perform, the buyer can sue for completion of the work (Code of Obligations arts. 470 ff.). In land-for-floor construction contracts, the right crystallises the share allocation between the land owner and contractor.

Special cases: (1) The builder's statutory mortgage (TMK art. 893) applies to buildings in this phase too. (2) Land-for-floor contracts (Law 7327/2021 art. 11 amending KMK art. 14) — at the contractor's request, the administration can register the construction-phase right and ultimate condominium ownership. (3) DASK is mandatory for buildings with construction-phase condominium rights too — each unit under Law 6305 scope requires a policy.

Examples

  • 1.A developer established a construction-phase right over the land shares of a 20-unit project before starting construction; separate title deeds were issued per unit. Buyers purchased their units at this stage. Construction completed in 2 years; on obtaining the occupancy permit, conversion to condominium occurred automatically within 60 days.
  • 2.A buyer acquired such a unit for TRY 2 million; DASK policy + title registration were performed. The developer was 1 year late; the buyer sued for completion of work (Code of Obligations art. 470).
  • 3.Land-for-floor: land owner 50%, contractor 50% → at construction-phase right establishment, each party's allocated units were fixed and registered in the remarks column.

Frequently Asked Questions

What's the difference between construction-phase right and condominium ownership?expand_more
**Construction-phase right** is established **before completion** at the project stage — it is provisional. **Condominium ownership** is the full ownership right established after completion and the occupancy permit. Within 60 days of the occupancy permit, the construction-phase right is automatically converted (KMK art. 14). Both allow sale and mortgage; the practical difference is the permit status and adherence to the project.
Is buying a construction-phase unit risky?expand_more
There are risks: (1) **Non-completion** — if the developer hits financial trouble, the project can stall. (2) **Project non-compliance** — deviations may prevent the occupancy permit. (3) **Creditors** — the developer's debts may trigger attachments on the project. To mitigate: (a) vet the developer's record and past projects; (b) verify the unit's share and number clearly on the title; (c) bank appraisals provide an independent check when a mortgage is used.
What if the occupancy permit never issues?expand_more
Without the permit, conversion to condominium ownership cannot occur. This is a common practical issue — permit-related non-compliance or procedural gaps can delay it. In that case the construction-phase right remains valid; the buyer can reside but may face friction on resale. Under **KMK art. 19/1**, if the permit obligation has arisen and **2/3 of units are in actual use**, condominium provisions apply for management.
How is a construction-phase right cancelled?expand_more
Cancellation is rare since completion leads to automatic conversion. If the project is abandoned: (a) all owners can agree and seek cancellation; (b) if the developer defaults, the buyer can file a **title annulment and re-registration action** to correct the share; (c) on dissolution, land shares remain as co-ownership. The action is filed in the Civil Court of First Instance.

Related Terms

Condominium OwnershipBuilding PermitTitle RegistrationDASK (Mandatory Earthquake Insurance)

Sources

  • • Condominium Law 634 art. 2/c (definition), art. 3 (general), art. 14 (establishment and conversion)
  • • Law 7099 (2018) art. 6 (electronic project amendment)
  • • Law 7327 (2021) art. 11 (ex-officio registration by administration)
  • • TMK art. 893 (builder's statutory mortgage)

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Last updated: 2026-04-24