useful information
Types of tapu (real estate status in Turkey)
In Turkey, you will see three items (real estate status) on the tapu (property certificate): Kat İrtifakı (“kat İrtifakı”) in “Kat Mülkiyeti” (“kat mülkiyeti”) and Devre mulk. We will not consider the latter status in this article, as practically foreign owners do not buy real estate with Devre mulk status.
Turkish legal terminology in real estate has no analogues in Russian, so we will try to explain the meaning of these terms as clearly as possible.
Kat İrtifakı (“kat İrtifakı”) - Pre-registration of real estate to residential status.
A construction company that builds a house and registers in the cadastral office, not yet existing apartments, which are presented only on the plan with the marking Kat İrtifakı - preliminary registration in the housing fund, and receives separate ownership certificates for them with the marking “separate apartment” (Turkish - “bağımsız bölüm”) - that is, in reality the land plot is still empty and not built up. But according to the documents it is already “divided” into apartments, each of which already has its own Tapu, obtained on the basis of preliminary registration in the housing fund kat irtifakı, this Tapu can be legally sold or transferred to another owner as a separate apartment.
Turkish legal terminology in real estate has no analogues in Russian, so we will try to explain the meaning of these terms as clearly as possible.
Kat İrtifakı (“kat İrtifakı”) - Pre-registration of real estate to residential status.
A construction company that builds a house and registers in the cadastral office, not yet existing apartments, which are presented only on the plan with the marking Kat İrtifakı - preliminary registration in the housing fund, and receives separate ownership certificates for them with the marking “separate apartment” (Turkish - “bağımsız bölüm”) - that is, in reality the land plot is still empty and not built up. But according to the documents it is already “divided” into apartments, each of which already has its own Tapu, obtained on the basis of preliminary registration in the housing fund kat irtifakı, this Tapu can be legally sold or transferred to another owner as a separate apartment.
Conventionally speaking, Kat İrtifakı is a Tapu on a plot of land, on which the division of the house into floors and apartments is also conditionally and preliminarily marked. Further, after obtaining the permit, it is necessary to transfer the property to the status of Kat Mülkiyeti. That is, Kat İrtifakı is only a temporary stage, which serves for the transition to the final fixation of a separate apartment and its registration in the housing fund Kat Mülkiyeti - after which the marking of the temporary technical passport “separate apartment” (Turkish - “bağımsız bölüm”) - is replaced by the final term “mesken”.
“bağımsız bölüm” is a sign of preliminary registration of an apartment, in the housing fund (and since November 2007 - also temporary - for a period of 2 years), registered in the ownership at the stage of development of the land plot Kat İrtifakı.
“mesken” is a sign of Kat Mülkiyeti - the final registration of the apartment in the housing fund, certified by the cadastral authorities, after the full completion of the construction of the building and its commissioning.
“bağımsız bölüm” is a sign of preliminary registration of an apartment, in the housing fund (and since November 2007 - also temporary - for a period of 2 years), registered in the ownership at the stage of development of the land plot Kat İrtifakı.
“mesken” is a sign of Kat Mülkiyeti - the final registration of the apartment in the housing fund, certified by the cadastral authorities, after the full completion of the construction of the building and its commissioning.
According to the rules, the property must be converted to residential property, or rather from a construction easement “kat irtifak” to a condominium - “kat mülkiyet”. The tapu is exactly the same, with a cross in the kat mulkiyet column. One TAPU differs from another in the amount of taxes. The latter is more expensive. The property is transferred to kat mulkiyet by the tenants themselves or by the management company. At the moment it is not the responsibility of the developer.
According to statistics, 70% of Tapu owners have a mark (“x”) in the column “Kat İrtifakı”. On November 14, 2007, the Turkish Parliament passed a new law No. 5711 on housing stock. According to the law passed at the end of 2007, it is necessary to reissue the property documents so that the mark (“x”) is moved from the “Kat İrtifakı” column to the “Kat Mülkiyeti” column.
Ideally, a tapu with the status of “Kat Mülkiyeti” should also be given to the developer after Genel iskan, i.e. after the building has been commissioned. Usually, construction companies do not make Kat Mülkiyeti tapu (change of type/category of real estate), as it is an additional material and time cost, and there are no incentives in the form of penalties for this.
The transfer of a tapu from Kat Irtifaki to Kat Mülkiyeti is a formality that the state actually needs more than anything else (additional fees and taxes during registration and, most importantly, a high annual property tax rate). That is why in recent years there has been a lot of talk that after issuance of the commissioning certificate, the municipalities will notify the Cadastral Office and the Cadastral Office will change Kat Irtifaki to Kat Mülkiyeti.
According to statistics, 70% of Tapu owners have a mark (“x”) in the column “Kat İrtifakı”. On November 14, 2007, the Turkish Parliament passed a new law No. 5711 on housing stock. According to the law passed at the end of 2007, it is necessary to reissue the property documents so that the mark (“x”) is moved from the “Kat İrtifakı” column to the “Kat Mülkiyeti” column.
Ideally, a tapu with the status of “Kat Mülkiyeti” should also be given to the developer after Genel iskan, i.e. after the building has been commissioned. Usually, construction companies do not make Kat Mülkiyeti tapu (change of type/category of real estate), as it is an additional material and time cost, and there are no incentives in the form of penalties for this.
The transfer of a tapu from Kat Irtifaki to Kat Mülkiyeti is a formality that the state actually needs more than anything else (additional fees and taxes during registration and, most importantly, a high annual property tax rate). That is why in recent years there has been a lot of talk that after issuance of the commissioning certificate, the municipalities will notify the Cadastral Office and the Cadastral Office will change Kat Irtifaki to Kat Mülkiyeti.