Kat Irtifaki vs Kat Mulkiyeti: Turkish Title Deed Types Explained

For foreign investors, the most confusing aspect of buying property in Turkey is the status of the Title Deed (Tapu). Is it Kat İrtifakı or Kat Mülkiyeti? The difference determines whether you fully own a legal home or just a share of a construction site.

[!NOTE] 💡 Cultural Context: The “Iskan” Problem

In Turkey, thousands of buildings are physically finished but legally “unfinished” because they lack the Habitation License (Iskan). This happens when contractors cut corners (e.g., build an extra floor illegally). Buying a property without Iskan (stuck at Kat İrtifakı stage) carries risks: fines, demolition orders, or inability to get utility subscriptions.

1. Construction Servitude (Kat İrtifakı)

This is the “Preliminary” title. It means: “I ask the state for permission to build an apartment here, and Level 1 Apartment 3 will be mine.”

• Status: Legally, the building is “Under Construction” (even if people are living in it!).
• The Deed: Usually says “Arsa Paylı” (Land Share).
• Risk: If the contractor failed to get the final sign-off (Iskan), you technically own a share of the land, not a legal apartment.

2. Condominium Ownership (Kat Mülkiyeti)

This is the “Gold Standard” title. It means: “The building is finished, inspected by the municipality, approved (Iskan received), and my unit is legally defined.”

• Status: Full Ownership.
• The Deed: Clearly lists “Bağımsız Bölüm” (Independent Unit).
• Value: These properties are more valuable and easier to sell or mortgage.

3. Common Areas (Ortak Alanlar)

Under the Condominium Law (KMK), parts of the building belong to everyone:

• Roof, Foundations, Main Entrance, Stairs, Garden.
• Rule: No single owner can annex a common area. For example, the ground floor owner cannot fence off the garden for personal use unless the Management Plan explicitly allows it.

⚖️ Legal Reference: Condominium Law No. 634 “Main real estate owners are naturally part-owners of all common places… in proportion to their land shares.”

FAQ

Can I get Turkish Citizenship with a Kat İrtifakı deed? Yes, potentially, IF the text on the deed explicitly states the floor/apartment number and the property is suitable for habitation. However, Kat Mülkiyeti is always the safer, preferred route for citizenship applications to avoid bureaucratic rejection.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir assists foreign buyers in “Due Diligence.” Before you sign, we check the Land Registry and Municipality records to ensure the property has full Kat Mülkiyeti and no hidden legal debts.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com