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Turkish Condominium LawCondominium Ownership in Turkish Law System

18 February 2020

The question of What is the Property Ownership is among the most frequently asked questions of the people who want to buy a new real estate, to be briefly explained, the fact that the building that has been completed has become fully available and the property established by the owners or co-owners of the usable areas (Flat, Office, Shop, Warehouse etc.) It is right.

The above definition is an understandable version of the first article of the Property Ownership Law. To be able to talk about the Property Ownership, as can be understood from the definition, there should be a building in the middle. In addition, the buildings must be reinforced. In other words, it is not possible to talk about Floor Ownership in the structures constructed of wood or partially wood. Finally, the building must be fully finished and usable. In other words, the building occupancy permit, which is deemed to be inhabitable and the building must be obtained.

Establishing Property Ownership

Condominium Ownership now means that the building has been completed in accordance with the project. In other words, the contractor completed the building as promised, presented the necessary projects and documents, obtained the Building Permit Certificate, namely the settlement, and the Floor Alliance ended. Condominium; It is important not to have problems due to the project or session related to the real estate in the future. Because without commercial ownership, some commercial works are not allowed in the real estate and even electricity, natural gas and water subscriptions cannot be made. For this reason, it is necessary to investigate whether there is a need for Property Ownership according to the type of commercial activity planned to be performed at the place to be rented or purchased. For research, information can be obtained from the municipality and land registry office to which the property is attached. For example, information about an immovable property in Ankara Altındağ district can be obtained from Altındağ Land Registry and Altındağ Municipality.

What Is Condominium Ownership
Classification of Immovables in the Property Ownership

The immovable properties (also mentioned at the floor easement) in the buildings that have been transferred to the Condominium Ownership are classified according to their purposes. For example, in the same parcel of the site built on a large plot or in the neighboring parcel, there may also be shops or shopping centers within the same project. Each of these structures is classified in project and deed. Namely, business towers, residences etc. that are new living spaces. Attention should be paid to the classification of places such as land registry. Because, commercial use is not allowed in most of the places that appear to be residential in the land registry. However, this issue can be regulated by some special laws. For example, there is no obstacle to the opening of lawyers’ offices in the residential areas used as dwellings.

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