Construction servitude (floor easement)

A construction servitude, known in Turkey as kat irtifakı, is a right registered on the land for each independent unit of a building that is not yet finished, or not yet started. Units such as flats and shops are defined according to the approved architectural drawings, each is given a share of the land, and these rights are entered in the land registry. This allows units to be bought, sold or mortgaged individually before the building is complete.

How it is set up

The plot must have approved architectural drawings. The land registry receives the approved drawings showing independent units and common areas, a list of the units, a schedule of land shares and the building’s management plan. Land shares are set by taking into account factors such as each unit’s size, position and value. That is why unit boundaries and numbers need to be shown clearly and consistently in the drawings.

Conversion to full ownership

Once the building is finished and receives its occupancy permit, the construction servitude is converted into condominium ownership (kat mülkiyeti). Most off-plan sales happen at the servitude stage, when the units exist only on paper. Buyers decide without seeing what they are buying, so plans, renders and virtual tours must match the approved drawings exactly. We cover this in detail in off-plan property rendering.