Which wording appears on the deed directly affects whether the property can be sold and whether it can be mortgaged. Three concepts are linked: the construction servitude, the occupancy permit and condominium ownership.
Construction servitude (kat irtifakı)
It is the right established on the land share for each unit in the plans, before the building is finished. If the deed says construction servitude, the building is either still under construction or finished but without an occupancy permit.
A property under a construction servitude can be bought and sold, but some banks assess the loan terms differently.
Occupancy permit
It is the building use permit; it shows the building was completed in line with its plans and is fit to live in. The municipality issues it.
Without the occupancy permit a construction servitude cannot be converted to condominium ownership, utility accounts cannot be made permanent and the loan process becomes harder.
Condominium ownership (kat mülkiyeti)
Once the occupancy permit is issued, each unit is registered on the deed as a property in its own right. It is the most trouble-free deed type in a sale.
For the buyer a flat under condominium ownership leaves no question marks; for the seller it makes bargaining easier.
Where the seller comes in
If your building is finished but has no occupancy permit, you need to find out where that process stands before selling. This should be stated in the listing.
Having the occupancy permit and condominium status confirmed by the municipality reassures the buyer and keeps the process from stalling.
Related sections of this guide
- Mortgage eligibility: why does a buyer get turned down for a loan?
- What is checked on the title deed? Encumbrances and annotations
- I want to sell my home: the process from start to finish
Terms from the glossary
- Construction servitude (kat irtifakı)
- Condominium ownership (kat mülkiyeti)
- Occupancy permit
- Land share
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