Transition from Condominium Easement to Condominium Ownership

In newly built buildings, units are usually first sold with a "condominium easement" title. However, once the building is completed, this title must be converted into "condominium ownership". Questions such as "what is the difference between condominium easement and condominium ownership", "what is required for the transition" and "what happens if I do not transition" often occupy unit owners. In this article we explain the transition from condominium easement to condominium ownership.

Difference between condominium easement and condominium ownership

To sum up briefly: Condominium easement is a right established over an independent unit in a building whose construction is not yet complete or which has not yet obtained an occupancy permit. Based on the land share, it gives the assurance that "this specific unit will be mine in the future". Condominium ownership, on the other hand, is the full ownership right established over an independent unit in a completed building that has obtained an occupancy permit.

In other words, condominium easement is a transitional/intermediate stage, while condominium ownership is the final and full right. Once the building is completed, the easement must be converted into ownership.

Precondition for the transition: Occupancy permit (iskan)

The most critical condition for transition to condominium ownership is that the building has obtained an occupancy permit (iskan). The occupancy permit is the official document showing that the building has been completed in accordance with its project and is fit for occupancy. Without an occupancy permit, transition to condominium ownership is not possible. The first step of the transition process, therefore, is to obtain the occupancy permit from the municipality.

Transition process and documents

After the occupancy permit is obtained, an application is made to the land registry directorate for the transition to condominium ownership. Generally, the required documents are:

• Occupancy permit (iskan)
• Approved architectural project
• List of independent units
• Management plan
• Mandatory earthquake insurance (DASK) policy

With these documents, a change of type is registered at the land registry and condominium easement titles are converted into condominium ownership titles. As a result of the transaction, each independent unit is registered on a separate page in the condominium ownership registry.

What happens if the transition is not made?

Failing to transition to condominium ownership can cause some problems. Although a condominium easement title is a valid ownership document, condominium ownership provides the full right and creates a more solid basis in sale-purchase, loan and other official transactions. A building without an occupancy permit is also considered deficient both legally and in terms of use. It is therefore highly advisable to make the transition once the building is completed.

Summary: Condominium easement is a transitional right in a building whose construction is not yet completed; condominium ownership is the full ownership right in a completed building with an occupancy permit. The precondition for the transition is obtaining the occupancy permit (iskan); a change of type is then registered at the land registry with documents such as the occupancy permit, project, management plan and DASK. For condominium and land-registry matters, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

What is required first to transition to condominium ownership?
The most critical requirement is that the building has obtained an occupancy permit (iskan). Without it, transition is not possible.

Is a condominium easement title invalid?
No, it is a valid ownership document. However, condominium ownership provides the full right and creates a more solid basis in sale-purchase and loan transactions; the transition is recommended once the building is completed.

Which documents are required for the transition?
Generally required documents are the occupancy permit, approved architectural project, list of independent units, management plan and DASK policy.

Related content

In connection with this topic, our articles on usufruct and right of residence (sükna) on a unit, expert and site inspection in condominium actions and limitation and periods in condominium ownership cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.