Kat Mülkiyeti, Kat İrtifakı, Shared Title and İskân: The Differences

04 November 2026

Photo: DennisM2, CC0

Two flats of the same size in the same building can look very different on the tapu (title deed). One is an independent unit held under kat mülkiyeti; the other is registered as a share of the land. This difference directly affects whether you can get a mortgage, how easily you can sell the home and whether you can obtain a short-term rental permit. In this article we explain the types of title deed and the role of iskân in plain language.

Land title

If the title deed record describes the property as "arsa" (land), the record shows the land, even if a building stands on it. The building may be finished, but neither kat irtifakı (construction servitude title) nor kat mülkiyeti (full condominium title) may have been established yet. In that case the buyer is not buying a specific flat but the whole plot or a share of it. No flat number appears on the title deed.

Shared (hisseli) title (co-ownership)

A shared (hisseli) title means a property belongs to more than one person in set proportions. The Turkish Civil Code governs this as co-ownership in shares. A shared title has important consequences for a buyer:

• The title deed does not state which part is yours. The co-owners may have a usage agreement among themselves, but such an agreement may not offer protection as strong as the registered title.
• Right of pre-emption (şufa): If a co-owner sells their share to a third party, the other co-owners can exercise their right of pre-emption. The buyer or seller must notify the other co-owners of the sale through a notary. The right of pre-emption lapses three months after notification and, in any event, one year after the sale. This upper limit was reduced from two years to one year by an amendment in December 2025.
• Dissolution of co-ownership: If the co-owners cannot agree, any of them can apply for the co-ownership to be dissolved. This can result in the property being sold.

Kat irtifakı

Kat irtifakı is a right established on the land for a building that has not yet been built or completed, attached to the independent units that will exist in future. Under the Condominium Law, the approved project and the management plan are submitted to the land registry when kat irtifakı is established. The land share and unit number of each independent unit are stated in the record, so the title deed shows which flat the buyer will own. This is why sales with a "kat irtifakı title deed" are common in new developments.

The law provides that kat irtifakı is converted ex officio into kat mülkiyeti on the basis of the occupancy permit issued for the entire building. The process can also be started at the request of one of the kat irtifakı holders.

Kat mülkiyeti

Kat mülkiyeti is the ownership right established over an independent unit (flat, shop, office) in a completed building, linked to a land share in the common areas. It comes into existence through an official deed and registration in the land register. For a buyer it is the clearest and safest type of registration. The independent unit, its annexes and its land share are specified on the title deed, and the building has been completed with iskân.

İskân (occupancy permit)

İskân is the document showing that a building has been completed in line with its building permit and project, and that there is no technical obstacle to its use. Under the Zoning Law, buildings without an occupancy permit cannot be connected to electricity, water and sewerage services until the permit is obtained. The law separately provides for temporary connections in certain situations. Not having iskân usually has the following consequences:

• Kat irtifakı cannot be converted into kat mülkiyeti.
• Getting a mortgage may become harder.
• If parts of the building deviate from the project, legal problems may arise later.

Effects on mortgages

For a home loan, banks look at the type of title, the iskân status and the valuation report. A flat with kat mülkiyeti and iskân is the most straightforward option for a mortgage. Whether a loan is granted for homes with kat irtifakı, and on what terms, can vary from bank to bank. With a shared title or a record classed as land, getting a loan is usually difficult. Before buying, ask your bank for a preliminary assessment of the property.

Effects on resale

• Kat mülkiyeti: The pool of buyers is the widest, including buyers who will use a mortgage.
• Kat irtifakı: It can be sold, but buyers will ask about iskân and the transition to kat mülkiyeti.
• Shared title: The other co-owners' right of pre-emption, uncertainty over usage and difficulty getting a loan reduce the number of buyers.
• Building on a land record: Because the buyer is buying a share of the land rather than a specific flat, this is the case that needs the most careful scrutiny.

Effects on short-term rental permits

Renting out homes for tourism purposes for up to 100 days was made subject to a permit by Law No. 7464. The permit is issued by the Ministry of Culture and Tourism and must be obtained before any rental agreement is made. Under the law, the application must include a decision taken unanimously by all kat owners (flat owners) in the building where the home is located. In complexes made up of several buildings, this requirement applies only to the building concerned. In buildings with more than three independent units, a permit can be granted for at most 25 per cent of the units in the name of the same landlord. The Constitutional Court rejected the challenge to the unanimity requirement in 2025.

Because the law refers to "kat owners", the type of title matters here too. For buildings where kat mülkiyeti has not been established, or that are on a shared title or a land record, we recommend asking the Ministry or the governor's office in advance how an application would be assessed. If you are buying a home for short-term rental, find out the position of the building's flat owners on this before you buy.

Quick checklist before you buy

1. What does the title deed record give as the nature of the property: residence (mesken), land, kat irtifakı, kat mülkiyeti?
2. If it is a shared title, what is the share, how many co-owners are there and is there a usage agreement?
3. Has the occupancy permit been issued for the building?
4. Does the flat conform to the approved project, or have additions been made later?
5. Will your bank lend against this property?
6. If you are considering short-term rental, are the flat owners in the building willing to make a unanimous decision?

Frequently asked questions

Is a kat irtifakı title deed safe?

Because kat irtifakı shows on the title deed which independent unit will be yours, it is a clearer record than a shared title. However, the building still has to be completed in line with the project, obtain iskân and be converted to kat mülkiyeti. Until that process is complete, check the building permit and the state of construction.

If I buy a flat on a shared title, can the other co-owners block the sale?

The other co-owners can use their right of pre-emption to buy the share themselves on the same terms. This right can be exercised within three months of notification of the sale and, in any event, within one year of the sale.

Can a flat without iskân be covered by DASK?

Ask your insurance company about the scope and policy terms of DASK (compulsory earthquake insurance). As a valid policy is required for the title deed transfer, clarify this before the transaction.

Is iskân required for a short-term rental permit?

The documents required for the application are set by the Ministry of Culture and Tourism's regulations. Confirm the current list with the Ministry or the provincial directorate of culture and tourism before applying.

If you would like to discuss your property's title status and sale options, you can reach us through our let us assess your property page.

This article is for general information only; please confirm current amounts and conditions with the relevant authority or a legal adviser.