This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kat İrtifakı: Tapusu Var Ama Bina Yok — Ne Anlama Gelir?.
If your title deed says "construction servitude", your flat does not yet exist in law as an independent unit. What you hold is a right established over a share in the land.
This guide covers what a construction servitude is, how it differs from condominium ownership, what is needed to convert it, and what to check before buying a unit held on one.
What a Construction Servitude Is
A construction servitude is a right established over the independent units to be created in a building not yet complete, with a view to condominium ownership. It is governed by the Condominium Act.
The right is registered attached to a land share. The deed shows the words "construction servitude" and a land share ratio.
Such a title is neither invalid nor insecure: it can be transferred, mortgaged and inherited. But the independent unit has not yet come into existence in law; what you own is a defined share of the land and the right to have an independent unit created on it.
Establishing a construction servitude requires an approved architectural design and an application by all the owners. If the design changes, the land shares may be redrawn.
How It Differs from Condominium Ownership
- Construction servitude: the building is not complete. The register shows a land share and the servitude.
- Condominium ownership: the building is complete and the occupancy permit has been issued. Each independent unit is registered as if it were a separate property.
The difference is not only on paper. When condominium ownership is established, the management plan takes effect, the owners' assembly is formally constituted, and service charges, common expenses and the election of a manager proceed under the Act and the management plan.
Lending differs too: banks lend more readily, and often at better rates, against condominium title. Some loan products require the occupancy permit outright.
Converting to Condominium Ownership
The essential condition is completion of the building and issue of the occupancy permit by the municipality.
Once it is issued, application is made to the land registry. Any one of the owners may apply; the Act treats seeking the conversion as an obligation of the holders of a construction servitude.
The documents usually required are:
- The occupancy permit
- The approved architectural design
- The management plan
- The list of independent units
- The compulsory earthquake insurance policy
Where the other owners or the developer will not co-operate, the holder of a construction servitude may seek conversion by court action.
If No Occupancy Permit Is Issued
- Utility accounts. Permanent electricity, water and gas accounts depend on the permit; life continues on temporary accounts, at different tariffs.
- Lending and resale. Buyers are harder to find and lending is restricted.
- Management. The powers of the owners' assembly and the collection of service charges become contestable.
- Non-compliance risk. If the building departs from its permit, the occupancy permit is refused until the departure is remedied.
Where the failure to obtain the permit is due to the developer's breach, the landowner and the purchasers may claim damages for breach of contract and, where the conditions are met, rescind.
Why the Land Share Matters
The detail overlooked most often in a construction servitude is the land share ratio. It is not merely a technical figure; it determines a great deal later:
- Apportionment of common expenses — set by the land share unless the management plan says otherwise
- Entitlement in urban regeneration and in the new building
- Distribution of compensation on demolition or expropriation
- The share of sale proceeds on a dissolution of joint ownership
Land shares must be fixed in proportion to the value of the units. Where they are disproportionate, any owner may bring an action for rectification of the land shares.
Checklist Before Buying
- Register entry and encumbrance certificate. Mortgages, attachments and annotations.
- Approved architectural design. Does the unit's number, position and size match it?
- Building permit and its date. An expired permit must be renewed.
- Land share ratio. Compare it with units of similar size.
- Occupancy permit status at the municipality. Has an application been made, and what is outstanding?
- The developer–landowner agreement. In construction-in-return-for-land arrangements: which unit belongs to whom, the delivery date, the penalty clause.
Where the purchase is made under a promise-of-sale agreement, executing it before a notary as a notarial deed and annotating it on the register protects against later transfers.
Do not buy on the strength of "the permit is coming soon". Without it there is no conversion to condominium ownership, and the utility, lending and resale problems pass to the new owner. Ask the municipality in writing for the status of the occupancy file.
Frequently Asked Questions
Can a flat be sold on a construction servitude title?
Yes. It can be transferred and mortgaged — but the buyer also takes on the consequences of there being no occupancy permit.
Is conversion to condominium ownership compulsory?
Once the building is complete and the permit issued, the Act requires it; any owner may apply, and a refusal can be met with a court action.
If there is no permit, do I still pay service charges?
The obligation to contribute to common expenses also arises from actual use. The absence of condominium ownership increases the argument but does not remove the obligation.
My land share is too low. Can it be corrected?
Where land shares are disproportionate to the value of the units, any owner may bring an action for rectification.
The developer will not obtain the permit. What can I do?
Claim damages for breach of contract and, where the conditions are met, rescind. Conversion to condominium ownership can also be sought by court action.