Easement Versus Condominium Ownership
An easement is a right established over an incomplete building, tied to land shares, as the basis for condominium ownership to be created later. It appears in this form on the title deed until the building is finished.
Condominium ownership is created once the building is complete and the occupancy permit has been obtained. Each unit then becomes a separate object of ownership.
Having condominium ownership in place is an advantage in sales and lending. Some banks are more reluctant to lend against property held under an easement.
The Key Requirement: The Occupancy Permit
The essential condition for conversion is that the occupancy permit has been obtained. Once it is issued and a copy is sent by the relevant authority to the land registry, the easement is converted to condominium ownership.
In practice this conversion is often delayed or left incomplete because of missing documents. Owners may then apply to the land registry and request that the transaction be carried out.
Documents Required
- Occupancy permit
- Approved architectural drawings
- Management plan (signed by all owners; often already filed when the easement was created)
- Schedule of units and land shares
- Compulsory earthquake insurance policies
- Identity documents and any power of attorney
The list can vary by land registry office and local practice; confirm with the relevant office before applying.
Copyable Land Registry Application
TO THE ……………… LAND REGISTRY OFFICE
Subject: Our request to convert the easement to condominium ownership.
PROPERTY DETAILS
Province / District: ……………… Neighbourhood: ………………
Block: ……… Parcel: ……… Volume/Page: ………
Address: ………………………………An easement was created over the property identified above on …/…/20….
The building has been completed and an occupancy permit was issued by ……………………… Municipality on …/…/20… under reference ……………….
We therefore request that the easement over the property be converted to condominium ownership.
We submit the above for your action. …/…/20…
APPLICANT OWNER(S)
No — Full Name — National ID No — Unit No — Signature
1 — ……………… — ……………… — …… — ………
2 — ……………… — ……………… — …… — ………Contact: ……………… Telephone: ………………
ANNEXES:
1) Occupancy permit
2) Approved architectural drawings
3) Management plan
4) Schedule of units and land shares
5) Compulsory earthquake insurance policies
6) Identity documents / power of attorney
Copyable Request to the Management
……………………… APARTMENT / COMPLEX
TO THE MANAGEMENT / CHAIR OF THE GENERAL ASSEMBLY
Subject: Request to start the process of converting to condominium ownership.
I am the owner of independent unit no. …… in ……………………… Apartment/Complex. Our property is still registered under an easement.
The building has been completed and the occupancy permit ……………………… (has been obtained / has not been obtained).
Not having converted to condominium ownership causes difficulties in sales, mortgages and lending, and creates uncertainty in management processes.
I therefore request:
1. That, if the occupancy permit has not been obtained, the outstanding items be identified and an application started with the municipality,
2. That, if the permit exists, an application be made to the land registry to complete the conversion,
3. That owners be notified in writing to gather the required documents (architectural drawings, management plan, schedule of land shares, earthquake insurance policies),
4. That the matter be placed on the general assembly agenda and the process and cost sharing be resolved.
I submit the above for your consideration. …/…/20…
Full Name: ……………………… Unit No: …… Signature: ………
Filling Guide
Give the property details in full, including block, parcel and volume/page. Incomplete details lead to the application being returned.
State the date and reference of the occupancy permit. This shows which document the application relies on.
If several owners are applying, collect everyone's signature; a single owner may also apply, but a joint application speeds the process.
If the Occupancy Permit Is Missing
Where there is no occupancy permit, obtaining it comes first. The outstanding items usually relate to works departing from the approved drawings, parking or shelter arrangements.
The matter should then be taken to the general assembly and a budget and responsibilities agreed for remedying the deficiencies. Where the shortcomings originate with the developer, legal action based on the sale contract may come into play.
Common Mistakes
- Applying without an occupancy permit: conversion is not possible without it.
- Missing earthquake insurance: units without a policy delay the process.
- Being unable to find the management plan: the copy filed when the easement was created should be sought.
- Not checking the land share schedule: an incorrect share becomes litigation later.
- Leaving the process to the developer: owners can apply themselves.
This content and these templates are for information only and are examples. The document list and procedure vary by land registry office; confirm with the relevant office before applying.
Download as PDF and Word
You can download the petition text above in two different formats. The PDF version is ready to print and submit directly; the Word (DOCX) version can be opened with Microsoft Word or LibreOffice and edited to add your own details.
Download the petition above as PDF or Word and adapt it to your situation.
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Frequently Asked Questions
Answers to the most common questions on this topic — click a question to expand.
The content is prepared by the Apt Yönet team, drawing on 8 years of hands-on experience in apartment and residential-complex management, in line with current legislation and Court of Cassation rulings.
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