Differences Between Floor Easement and Condominium Ownership: All Details from Loan to Occupancy Permit

When making a real estate purchase decision, the type of ownership on the title deed directly determines the economic value and the limits of legal security. The concepts of Kat İrtifakı (Floor Easement) and Kat Mülkiyeti (Condominium Ownership), regulated under the Condominium Law, represent the development stages of a construction and the associated legal statuses.

Basic Difference Table

Criteria	Kat İrtifakı (Floor Easement)	Kat Mülkiyeti (Condominium Ownership)
Building Status	Construction not completed	Completed + approved
Occupancy Permit	No	Yes (from the municipality)
Type of Title Deed Registry	"Land"	"Building" / "Apartment"
Basis of Ownership	Share on the land (share)	Complete and permanent independent section
Legal Nature	Temporary, interim status	Definite, permanent
Elimination of Partnership	KMK art. 7/I — cannot be requested	Can be subject to litigation
Loan Eligibility	Bank often does not provide	Highest collateral value
Electricity/Water Subscription	Construction Site Tariff (high)	Residential Tariff (low)

Why Is It Important?

Loans and Banking

If you are purchasing using a bank loan, a property with a floor easement is a serious problem. Banks may not provide loans for buildings without occupancy permits or may apply strict restrictions. Buildings that have transitioned to condominium ownership are the group of properties with the highest collateral value.

Subscription Costs

In buildings with floor easements, electricity and water subscriptions are billed through the high-cost construction site tariff. An occupancy permit is mandatory to switch to the residential tariff. The monthly difference in bills can mean thousands of TL in additional costs annually for a small family.

Elimination of Partnership

Kat İrtifakı (Floor Easement), according to Article 7, paragraph 1 of the Condominium Law, cannot be subject to a lawsuit for the elimination of partnership. This is a significant restriction in inheritance sharing, separation between spouses, or share disputes. In buildings that have transitioned to condominium ownership, shareholders can request the elimination of partnership under legal conditions.

Transition from Kat İrtifakı (Floor Easement) to Kat Mülkiyeti (Condominium Ownership)

When the building is completed, the type is changed, and the transition to condominium ownership is made. The process consists of four stages:

1. Completion in Accordance with the Project: The structure must be completed in accordance with the approved architectural project with zero errors. Non-compliance with zoning regulations prevents the occupancy permit from being obtained.
2. Occupancy Permit (Building Use Permit): Municipal technical affairs and zoning directorate teams inspect the building on-site. Compliance with earthquake, fire, and shelter regulations is confirmed.
3. LİHKAB Type Change: Through the Licensed Surveying and Cadastre Engineers Office, the building's seating area is measured, and its status in the title deed registry is changed from "land" to "building." The LİHKAB fee is calculated based on the gross square meters of the building.
4. Title Deed Registry Registration: An application is made to the title deed registry with the occupancy permit, management plan, and independent section list. A separate registry page is opened for each independent section.

Practical Question List for the Buyer

• Does the title deed state "land" or "building/apartment" in the type section?
• Is there an occupancy permit (Building Use Permit)?
• Has the management plan been registered in the title deed registry?
• Who will bear the type change expenses when the building obtains an occupancy permit?
• Does the bank provide a loan for this property? Under what conditions?

If you are purchasing with Kat İrtifakı (Floor Easement), it is recommended to add a clear provision regarding the occupancy permit date and type change expenses to the contract.