What Is Land Share? How Is It Calculated and Corrected?

Land share is a concept that residents of apartments and residential complexes often hear but rarely dwell on its exact meaning. Yet land share directly affects many issues, from the amount of dues to voting rights, from the sharing of common expenses to the building's value. In this guide, we explain what land share is, how it is calculated and how it can be corrected if it was determined incorrectly, based on Condominium Ownership Law No. 634 (KMK).

What is land share?

Land share is the ratio of the common land that falls to an independent unit (apartment, shop, etc.). Condominium ownership and construction easement are established over the land share allocated in the project in proportion to the values of each independent unit calculated according to their location and size (KMK Art. 3). That is, each apartment holds an amount of land equal to its share within the total value of the building.

Put simply: if the building is a whole, the land share is the "share ratio" of your apartment within that whole. This share is registered on the title deed and cannot be transferred separately from the independent unit (KMK Art. 5).

Why is land share important?

Land share is decisive on many matters in apartment life:

• Common expenses: Unit owners contribute to expenses such as insurance, maintenance, repair and manager's salary in proportion to their land share (KMK Art. 20).
• Ownership in common areas: Unit owners are owners of common areas in proportion to their land shares (KMK Art. 16).
• Weight in some decisions: In the general assembly of unit owners, some decisions are taken by a majority of number and land share.
• Building's value: In processes such as urban transformation, land share can affect the distribution of rights.

How is land share calculated?

Land share is calculated according to the values of the independent units determined at the project stage. The law requires this share to be proportional to the values of the independent units calculated according to their location and size (KMK Art. 3). That is, not only square meters but also elements affecting the value — such as floor, facade and location — can be taken into account.

For example, if two apartments of the same size differ in that one is on an upper floor and has a view, their values may differ and their land shares may therefore be determined differently. In practice, land shares are usually calculated by the project architect or contractor and recorded in the title deed.

What happens if the land share is calculated incorrectly?

In practice, land shares may sometimes be determined disproportionately to the actual values of the independent units. This situation leads to unfairness in the sharing of common expenses. The law has brought a solution to this problem: in cases where the land shares are not allocated in proportion to the values of the independent units, each unit owner or holder of construction easement may apply to the court for the reorganization of the land shares (KMK Art. 3).

How is a land share correction lawsuit filed?

A unit owner who believes that the land share was determined incorrectly may file a lawsuit for the correction (reorganization) of the land share in the civil court of peace. Through an expert examination, the court may determine the values of the independent units and reorganize the land shares. This lawsuit is an important way of seeking rights, especially for owners who unjustly contribute a high share to common expenses.

Summary

Land share is the ratio of common land that falls to an independent unit, and it is determined in proportion to the value of the independent unit. It plays a decisive role in dues, ownership in common areas and some decisions. When calculated incorrectly, the unit owner may apply to the court to request the reorganization of the land shares.

Manually tracking dues and expense sharing based on land share is troublesome. Apt Yönet automatically calculates dues according to each independent unit's share, making management easier and reducing the risk of errors.

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Frequently Asked Questions

Is land share determined based on square meters?

Not only square meters; elements affecting the independent unit's value such as location, floor and size are also taken into account (KMK Art. 3).

How does land share affect dues?

Common expenses such as insurance, maintenance and repair are shared in proportion to the land share. The unit with a higher share contributes more.

Can land share be corrected?

Yes. If determined disproportionately to value, the unit owner may apply to the court to request the reorganization of the land shares.

Can land share be sold separately?

No. Land share cannot be transferred separately from the independent unit; it passes together with the apartment (KMK Art. 5).

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This content is intended for general information purposes and does not constitute legal advice. For your specific situation, consulting a legal expert is recommended.