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Title & Cadastre

Condominium Ownership

Full ownership of individual units in a completed building. Governed by Condominium Law 634. Available for buildings with occupancy permit.

Condominium ownership (Turkish: *Kat Mülkiyeti*) under the Condominium Law 634 (KMK) art. 1 is the independent ownership right over individual units — apartments, offices, shops, warehouses — of a completed building that are separately and independently usable. Each unit gains the status of a separate real property and receives its own page in the condominium registry.

Condominium ownership is the permanent counterpart to **construction-phase condominium right (*kat irtifakı*), a provisional right established on unfinished buildings at the project stage. Once construction is complete and the occupancy permit (*yapı kullanma izin belgesi*)** is issued, the construction-phase right is automatically converted to condominium ownership within 60 days. No separate management plan is required for this conversion.

Documents required to register condominium ownership (KMK art. 12): architectural project, management plan, occupancy permit. The right is established by registration in the title registry. Condominium ownership applies to the entire building — a few units cannot be singled out (KMK art. 10).

Rights and obligations: Each co-owner holds ownership of their unit but is also co-owner of common areas (foundation, roof, elevator, garden, stairs) in proportion to their **share of the land (*arsa payı*). Maintenance dues, insurance, upkeep costs are shared pro rata. Unpaid dues accrue a statutory 5% monthly late-payment charge** (KMK art. 20/2).

Examples

  • 1.In an Ataşehir (İstanbul) 20-unit complex, once the occupancy permit is issued the developer converts construction-phase rights to full condominium ownership; each unit receives its own title deed.
  • 2.A co-owner who fails to pay dues can face enforcement action initiated by the manager or other owners (KMK art. 37).
  • 3.Renovations to common areas (roof, facade, elevator motor) require 4/5 majority; interior unit work only concerns the unit's owner.

Frequently Asked Questions

What's the difference between condominium ownership and construction-phase right?expand_more
Construction-phase right (*kat irtifakı*) is a provisional right established before a building is complete — units are defined on the land during the project phase. Condominium ownership is the full ownership right issued after the occupancy permit. Per Law 634 art. 14, the construction-phase right is automatically converted to condominium ownership within 60 days of the occupancy permit being issued.
Can a building without an occupancy permit have condominium ownership?expand_more
Classic condominium ownership requires an occupancy permit. However, under KMK art. 19, if the permit obligation has arisen and 2/3 of units are in actual use, condominium provisions apply for management purposes even without formal registration. Buildings holding a Building Registration Certificate (*imar barışı*) can also register condominium ownership.
What happens if I don't pay the dues?expand_more
KMK art. 20/2 sets a statutory monthly **5% late-payment charge** — this rate is fixed by law and cannot be modified in the management plan. The manager or other owners can initiate enforcement proceedings based on the operational budget or council resolution. Disputes are heard by the **Civil Peace Court** (KMK art. 33).
What is the management plan and how is it amended?expand_more
The management plan is the binding charter of the co-owners — it governs common area use, governance bodies, dues, penalties. It binds all current and future co-owners, managers and auditors. Amendment requires a **4/5 majority** of co-owners (KMK art. 28). The plan cannot contain provisions contrary to law, and cannot restrict rights granted to owners by the statute.

Related Terms

Construction-Phase Condominium RightTitle RegistrationBuilding PermitOwnership

Sources

  • • Condominium Law 634 (mevzuat.gov.tr)
  • • KMK art. 1 (definition), art. 10-14 (registration), art. 20 (dues), art. 28 (management plan)

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Last updated: 2026-04-24