How Is Condominium Ownership Established? Title Deed Procedures and Documents

When you buy an apartment, you want to see the phrase "condominium ownership" on your title deed; because this shows that the property is legally completed and under full guarantee. So, how is condominium ownership established for a building, what documents are required and how does the process work? In this guide, we explain the process of establishing condominium ownership step by step, within the framework of Condominium Ownership Law No. 634 (KMK).

What does condominium ownership mean?

Condominium ownership is the independent ownership right established over the separately and self-sufficiently usable sections — such as apartments, offices, shops, stores and storage — of a completed building (KMK Art. 1). When this right is established, a separate page is opened in the land registry for each independent unit, and the owner of the apartment becomes the full owner of that unit. When the building is finished, the property's status on the title deed changes from "land" to "building" or "condominium apartment"; this is called registration reclassification.

Preconditions for establishing condominium ownership

To be able to establish condominium ownership, certain basic conditions must be met:

• Completion of the building: The construction must be finished and suitable for use.
• Building occupancy permit: The occupancy permit obtained from the municipality is the basic condition for the transition to condominium ownership.
• Suitability of independent units: Each section must be usable separately and self-sufficiently.
• Determination of land share: A land share proportional to its value must be allocated to each independent unit (KMK Art. 3).

Documents required to establish condominium ownership

When applying to the land registry office for the establishment of condominium ownership, the documents specified by law must be submitted (KMK Art. 12). The generally required documents are as follows:

• A petition signed by the owner of the main real estate or by the co-owners
• Building occupancy permit
• Approved architectural project showing the location and sizes of the independent units
• Photographs of the building and the necessary technical documents
• Management plan (signed by all owners)

Once these documents are complete, the land registry office carries out the registration in the condominium register.

The process of establishing condominium ownership step by step

The process consists in general terms of the following steps:

1. Obtaining the occupancy permit: Once the building is completed, the building occupancy permit is obtained from the municipality.
2. Preparing the documents: The approved project, management plan and other documents are compiled.
3. Application to the land registry office: The owner or co-owners apply with the petition and the documents.
4. Registration reclassification and recording: The property's status is updated and a separate title deed page is opened for each independent unit.

When the procedure is completed, each apartment, shop or office now holds a separate title deed as if it were an independent property.

Transition from construction easement to condominium ownership

Most new buildings are first sold at the construction easement stage. After the building is completed and the occupancy permit is obtained, the transition from construction easement to condominium ownership takes place (KMK Art. 14). This transition strengthens the legal status of the independent units and provides advantages in many matters, from subscriptions to housing loan processes.

Is it obligatory to establish condominium ownership?

For buildings whose construction has been completed, obtaining the occupancy permit and transitioning to condominium ownership are expected. In buildings without an occupancy permit and without condominium ownership, higher tariffs may be applied to electricity, water and natural gas subscriptions, and housing loan processes may become difficult. For this reason, transitioning to condominium ownership is important both for legal security and for practical convenience.

Summary

Condominium ownership is the independent ownership right established in a completed building by opening a separate title deed page for each independent unit. To establish it, an application is made to the land registry office with the occupancy permit, approved project, management plan and other documents. As a result of the procedure, the property's status is updated and each apartment obtains its own title deed.

Once condominium ownership is established, regular management of the building begins: collecting dues, tracking expenses and joint decision processes. Apt Yönet brings all management tasks of a building with condominium ownership together on a single panel — dues, debt, expenses and reporting run automatically.

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Frequently Asked Questions

Is an occupancy permit required for condominium ownership?

Yes. The building occupancy permit is the basic condition for the transition to condominium ownership. Without an occupancy permit, condominium ownership cannot be established.

Who can establish condominium ownership?

The owner of the main real estate or its co-owners may establish it by applying to the land registry office with the necessary documents.

How long does it take to establish condominium ownership?

When the documents are complete, the procedure at the land registry office is completed in a short time; the actual duration depends on obtaining the occupancy permit and preparing the documents.

Can condominium ownership be established without a management plan?

No. The management plan is among the documents required for the establishment of condominium ownership and must be signed by all owners.

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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.