Learn the difference between condominium ownership and construction servitude in Turkey in 2026. A practical guide for foreign buyers covering title deeds, occupancy permits, building permits, mortgages, resale, developer risks and property due diligence.

When buying an apartment in Turkey, foreign purchasers frequently encounter two different forms of title status: condominium ownership and construction servitude. Although both can establish legally recognized rights connected with a particular independent unit, they do not represent exactly the same stage or legal status of a building.

Understanding the distinction is essential before paying a deposit or completing the title deed transfer.

In general, condominium ownership relates to an independent section of a completed building, while construction servitude is established in relation to independent sections of a building that is planned or under construction. The General Directorate of Land Registry and Cadastre confirms this distinction in its official guidance. (Tapu ve Kadastro Genel Müdürlüğü)

Construction servitude is therefore not automatically a defective or unsafe title. It is a legitimate legal mechanism widely used during property development. However, when a building has been physically completed and occupied for years but the title still has not transitioned to condominium ownership, foreign buyers should investigate why.

This issue has become particularly relevant in 2026 because the General Directorate of Land Registry and Cadastre announced an amendment to its 2021/4 Circular on Construction Servitude and Condominium Ownership on July 2, 2026. Foreign buyers conducting current title due diligence should therefore rely on the latest land-registry practice rather than older online explanations. (Tapu ve Kadastro Genel Müdürlüğü)

What Is Condominium Ownership in Turkey?

Condominium ownership is individual ownership established over an independently usable section of a completed building.

An apartment, office, shop, warehouse or another qualifying independent unit can therefore have its own condominium ownership title.

For a foreign buyer purchasing an already completed apartment, this is generally the title structure that provides the clearest confirmation that the particular independent section has progressed through the condominium registration framework applicable to completed buildings.

The title record identifies the independent section together with information such as its land share and other registration details.

However, condominium ownership should still not replace full legal due diligence. Mortgages, attachments, annotations, restrictions and discrepancies between the approved project and the physical apartment must still be investigated.

What Is Construction Servitude in Turkey?

Construction servitude is a legally recognized right established over a land share in connection with an independent section of a building that is to be constructed or is under construction.

It creates the legal framework connecting a future independent unit with the relevant land share.

For example, a developer begins constructing a residential project containing 100 apartments. Before the project is completed, construction servitude may be established and individual units identified within the relevant title structure.

A foreign investor purchasing Apartment 25 during construction may therefore receive rights connected with that identified independent unit even though full condominium ownership has not yet been established.

This is fundamentally different from merely purchasing an unspecified fractional share of land.

Is Construction Servitude the Same as a Land-Share Title?

No.

This distinction is extremely important.

Ordinary land co-ownership means that a person owns a fractional share of the parcel. That share does not necessarily establish separate registered ownership rights over a specific physical apartment.

Construction servitude, however, connects the relevant land share with a defined independent section under the condominium-law framework.

Therefore, a title connected with construction servitude should not automatically be described as merely a “land title.”

Foreign buyers should ask their lawyer to identify exactly which legal structure appears in the land registry rather than relying on an informal translation supplied by a real estate agent.

What Is the Main Difference?

The simplest distinction concerns the stage of construction.

Construction servitude generally concerns the development stage. Condominium ownership concerns a completed building and independently registered completed sections.

This distinction also explains why construction documentation becomes particularly important.

Official Land Registry guidance lists documentation such as the architectural project, management plan and other project-related materials within the construction-servitude framework. Current Land Registry guidance also reflects increasingly digital project documentation, including three-dimensional digital building models in relevant procedures. (Tapu ve Kadastro Genel Müdürlüğü)

The foreign buyer should therefore investigate whether the apartment being sold corresponds exactly with the independent section identified in the approved project and title records.

Is Condominium Ownership Safer for a Foreign Buyer?

For an already completed apartment, condominium ownership will generally provide greater comfort regarding the building’s progression through the legal completion and registration process.

However, the word “safer” should be used carefully.

A condominium ownership title does not guarantee that there are no legal problems whatsoever.

The property could still be mortgaged. There may be attachments or other restrictions. Unauthorized alterations may have been made after completion. A balcony may have been enclosed illegally or a terrace may have been incorporated into the apartment contrary to the approved project.

Therefore, condominium ownership is an important positive factor, but it is not a substitute for comprehensive title, zoning and construction due diligence.

Is It Risky to Buy Property with Construction Servitude?

Not automatically.

Many legitimate new-development transactions involve construction servitude.

The real question is whether the title status is appropriate for the project’s current stage.

If a foreign investor purchases an apartment in a building that is genuinely under construction, construction servitude may be entirely normal.

The situation becomes more concerning where the building was completed and occupied many years ago but remains under construction servitude.

In that situation, the buyer should ask:

Why has the building not transitioned to condominium ownership?

The answer can materially affect the investment.

Why Might a Completed Building Still Have Construction Servitude?

There can be several reasons.

The occupancy permit may not yet have been issued. Administrative procedures may remain incomplete. The building may not fully correspond with its approved architectural project. Unauthorized construction may exist. The developer may have failed to complete necessary procedures.

Some explanations may involve relatively manageable administrative issues.

Others can indicate significant zoning or construction problems.

The buyer should never accept “the developer simply forgot to change the title” without verifying the municipal and land registry records.

What Is the Role of the Occupancy Permit?

The occupancy permit is extremely important in understanding the transition from construction servitude to condominium ownership.

Current Land Registry guidance states that where construction servitude has been established and an occupancy permit has been obtained, transition to condominium ownership can take place following the applicable statutory procedure. The authority’s current FAQ also explains that the process may proceed upon an owner’s application or transmission of the occupancy documentation by the competent authority. (Tapu ve Kadastro Genel Müdürlüğü)

This creates an important due diligence question.

If a completed building still has construction servitude, determine whether an occupancy permit exists.

If it does not, determine why.

Can Construction Servitude Automatically Become Condominium Ownership?

Current Land Registry practice provides mechanisms for transition once the statutory conditions have been satisfied.

The General Directorate’s official guidance states that where construction servitude exists and the relevant occupancy permit has been obtained, the transition can occur through the land registry procedure. It also describes circumstances in which the conversion occurs automatically based on notifications and registered documentation. (Tapu ve Kadastro Genel Müdürlüğü)

Therefore, the fact that the title still shows construction servitude does not always indicate a permanent problem.

However, the foreign buyer should establish whether the legal requirements for conversion actually exist.

Important 2026 Update: Land Registry Circular Amended

Foreign investors should be aware of a very recent procedural development.

On July 2, 2026, the General Directorate of Land Registry and Cadastre announced an amendment to its 2021/4 Circular concerning Construction Servitude and Condominium Ownership. The authority’s 2026 announcements expressly list this amendment. (Tapu ve Kadastro Genel Müdürlüğü)

This makes it particularly important for lawyers, developers and foreign buyers to work from the current land-registry procedure when conducting transactions in 2026.

Older property guides may correctly explain the basic legal distinction but still fail to reflect current administrative practice and documentation.

2026 Digital Building Documentation Is Increasingly Important

Another practical development concerns the digitization of building documentation.

The General Directorate’s current guidance concerning construction-servitude establishment identifies the architectural project and, under the applicable circular framework, documentation associated with the approved project, including digital building information. (Tapu ve Kadastro Genel Müdürlüğü)

This broader digitalization makes comparison between the registered independent section, approved project and physical property increasingly important.

Foreign buyers should ensure that the apartment number, floor, characteristics and associated land share correspond with the property they are actually being shown.

What If the Developer Promises Condominium Ownership Later?

The promise should be investigated and properly documented.

A developer selling an apartment under construction servitude may state that full condominium ownership will be established after project completion.

That can be entirely normal.

However, the purchase agreement should clearly address the developer’s obligations concerning completion, occupancy documentation and transition of the title structure.

A foreign purchaser should avoid relying exclusively on verbal promises.

If the project is already substantially delayed, the buyer should also investigate whether obtaining condominium ownership is realistically possible.

Can a Foreign Buyer Sell a Property with Construction Servitude?

Generally, rights registered under construction servitude can be transferred.

However, legal transferability and commercial attractiveness are different questions.

A buyer considering a completed property may prefer condominium ownership and ask why the title has never been converted.

This can affect negotiations, valuation and resale speed.

Accordingly, even where construction servitude does not legally prevent a sale, unresolved title status can potentially affect the property’s marketability.

Can Construction Servitude Affect Mortgage Financing?

Potentially.

Banks conduct their own legal, technical and valuation assessments when deciding whether to finance a property.

A property with construction servitude may still be capable of financing depending on the circumstances.

However, a completed building that has remained under construction servitude because of unresolved occupancy, zoning or construction problems may receive different treatment.

Foreign buyers planning to finance their purchase should therefore obtain the bank’s assessment before making a substantial non-refundable payment.

Cash buyers should also consider mortgageability because it can affect future resale.

Can Construction Servitude Affect Property Value?

Potentially.

If two otherwise identical completed apartments are available and one has full condominium ownership while the other remains under construction servitude because of unresolved building issues, buyers may value them differently.

The financial effect depends on the reason for the title difference.

Construction servitude in a legitimate project that is still being completed is very different from construction servitude in an old building that cannot obtain an occupancy permit because of serious violations.

This is why foreign buyers should investigate the cause, not merely the title terminology.

What If the Physical Apartment Does Not Match the Approved Project?

This is a serious warning sign.

The developer may have changed room layouts, increased the apartment’s size, incorporated common areas, enclosed terraces or made other modifications after construction servitude was established.

The apartment physically shown to the foreign buyer should therefore be compared with the approved architectural project and the independent section identified in the title records.

If they do not correspond, further investigation is required before purchase.

The buyer should not assume that receiving a title connected with a particular apartment automatically legalizes unauthorized physical alterations.

Can Unauthorized Construction Prevent Conversion?

Potentially.

If the completed building materially differs from its legally approved project, obtaining the necessary completion documentation can become problematic.

This may in turn affect transition to full condominium ownership.

Foreign buyers should therefore treat a long-standing failure to convert the title as a possible symptom of a larger construction-law issue.

The municipal file should be examined to determine whether unauthorized additions, enforcement proceedings, fines or other obstacles exist.

Why Is the Land Share Important?

Both condominium ownership and construction servitude are associated with land shares.

The land share represents the independent unit’s corresponding share in the underlying parcel.

This can become particularly important in redevelopment, demolition and urban-transformation scenarios.

A foreign buyer should therefore verify that the land share recorded for the apartment is consistent with the project’s legal documentation.

The issue should receive particular attention when purchasing expensive units in older buildings that may eventually be demolished and reconstructed.

What Happens During Urban Transformation?

Title structure and land shares can become extremely important if a building is declared risky and demolished.

Official Ministry guidance confirms that risk-assessment procedures can also apply where neither construction servitude nor condominium ownership has been established and owners instead hold ordinary land-share titles. (Çevre Bakanlığı)

This illustrates why buyers should understand exactly what they own before purchasing.

The physical apartment may disappear after demolition, while registered land rights remain central to the subsequent legal and redevelopment process.

Can Construction Servitude Be Used in a Foreign Buyer’s Property Investment?

Yes, provided the buyer understands the structure and conducts appropriate due diligence.

Foreign nationality does not make construction servitude inherently unsuitable.

The buyer should instead investigate the project stage, building permit, approved architectural project, developer’s obligations, occupancy status and prospects for transition to condominium ownership.

For off-plan acquisitions, these checks become especially important because the foreign investor may be transferring substantial funds before the completed property exists.

What Should Foreign Buyers Check Before Purchasing?

The land registry record should be obtained and independently reviewed.

The buyer should confirm the independent section number, floor, land share, registered owner and whether the title reflects construction servitude or condominium ownership.

Mortgages, attachments, annotations and restrictions should also be investigated.

For construction-servitude properties, the building permit and approved architectural project should be reviewed.

If construction has already been completed, the buyer should determine whether an occupancy permit exists and why condominium ownership has not yet been established.

The physical apartment should then be compared with the official project.

This combination of title, zoning, construction and contractual due diligence provides significantly greater protection than simply checking whether the seller’s name appears on the title deed.

Frequently Asked Questions

1. What is the difference between condominium ownership and construction servitude in Turkey?

Condominium ownership generally concerns an independent section of a completed building. Construction servitude concerns a defined future or developing independent section associated with a land share while the building is planned or under construction.

2. Is construction servitude a valid title right?

Yes. It is a legally recognized property right under Turkey’s condominium-law framework and is commonly used for developments before full condominium ownership is established.

3. Is condominium ownership better for a completed apartment?

Generally, it provides greater certainty that the completed unit has progressed through the full condominium registration process. However, independent legal due diligence remains necessary.

4. Should I avoid every apartment with construction servitude?

No. Construction servitude can be completely normal in a legitimate development that is still under construction. The greater concern is a long-completed building that has never transitioned to condominium ownership.

5. Why does my completed apartment still have construction servitude?

Possible reasons include missing occupancy documentation, incomplete administrative procedures, project discrepancies or unauthorized construction. The municipal and land registry files should be investigated.

6. How does construction servitude become condominium ownership?

Where the statutory requirements are satisfied and the relevant occupancy documentation has been obtained, the transition can proceed through the applicable land registry mechanism. Current official guidance also recognizes automatic conversion procedures in specified circumstances. (Tapu ve Kadastro Genel Müdürlüğü)

7. Was the land registry procedure updated in 2026?

Yes. The General Directorate of Land Registry and Cadastre announced an amendment to its 2021/4 Circular on Construction Servitude and Condominium Ownership on July 2, 2026. (Tapu ve Kadastro Genel Müdürlüğü)

8. Can I sell an apartment with construction servitude?

Generally, registered construction-servitude rights can be transferred. However, unresolved issues preventing conversion to condominium ownership can affect valuation and buyer confidence.

9. Can construction servitude affect mortgage approval?

Potentially. Banks conduct their own legal and valuation reviews, and the reason a completed property remains under construction servitude may affect financing.

10. What is the most important check before buying a construction-servitude property?

Determine why the property has construction servitude at its current stage. Verify the building permit, approved project, independent section, land share, occupancy status and whether any legal obstacle prevents transition to condominium ownership.

Legal Support for Foreign Property Buyers in Turkey

The difference between condominium ownership and construction servitude can materially affect a foreign buyer’s investment, particularly when purchasing an off-plan property or an apartment in a building that has already been physically completed.

Fırat Fesih Kaya Law Office provides legal assistance to foreign property buyers and international investors concerning title deed due diligence, construction servitude, condominium ownership, land shares, occupancy and building permit problems, developer disputes and property acquisitions in Turkey.

If you are considering purchasing a property with construction servitude, you may contact our office before signing the purchase agreement or transferring substantial funds. Fırat Fesih Kaya can review the land registry records, approved project and relevant construction documentation, identify potential title and zoning risks and evaluate whether there are obstacles to eventual condominium ownership.

Independent legal due diligence before the title transfer can help prevent disputes involving the wrong independent section, missing permits, unauthorized construction, mortgages, title discrepancies and properties that cannot transition to full condominium ownership.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower No: 148, 06520 Balgat, Cankaya, Ankara, Turkey