What should foreign buyers know about tapu types like kat irtifakı versus kat mülkiyeti, and how do they affect utilities and mortgages?

Kat irtifakı is a pre-completion title tied to a planned unit; kat mülkiyeti is full condominium ownership after completion. Banks usually want kat mülkiyeti for a standard home loan, and permanent utility subscriptions typically follow the occupancy permit and kat mülkiyeti. [1][2][3][4][6]

What these tapu types mean in law

A tapu is the land registry deed, and apartment ownership is governed by Condominium Law No. 634 (Kat Mülkiyeti Kanunu). The law defines “condominium servitude” (kat irtifakı) as a real right recorded on land shares for planned independent sections before a building is finished, based on an approved architectural project. [1] When construction is completed in line with the license, this converts to “condominium ownership” (kat mülkiyeti), which opens separate, full titles for each unit with its land share and common-area rights. The conversion is an administrative registry action supported by completion documents, not a new sale or transfer. [1]

Legal trigger for conversion: completion and the occupancy permit

Conversion to kat mülkiyeti follows completion of the building according to the approved plans and the grant of the occupancy permit (yapı kullanma izin belgesi, or “iskan”). [1][2] Article 30 of Zoning Law No. 3194 provides that a building constructed in accordance with its license is granted a building usage permit and may not be used without it. [2] Under Law No. 634, holders of kat irtifakı apply to the land registry with the occupancy permit and the required project documents; the registry then opens separate pages for each independent section. The site management plan (yönetim planı) is registered at this stage and binds all unit owners. [1]

Utilities: why kat mülkiyeti and iskan matter for permanent subscriptions

Because use is banned before the occupancy permit, individual utility subscriptions are generally opened only after the permit is issued and kat mülkiyeti is registered for the units. [2] Water utilities in major municipalities require the occupancy permit for residential subscriptions, while construction-phase meters can be opened before completion for the developer or contractor. [3] In Istanbul, İGDAŞ lists the building usage permit among the required documents for multi-dwelling connections and individual gas activations in residential buildings. [4] Electricity distributors likewise distinguish temporary “construction electricity” from permanent residential subscriptions, which follow the occupancy permit under sector rules. [2]

Mortgages: what can be pledged, and what banks often require

A mortgage (ipotek) can be created over immovables and registered real rights; both condominium units under kat mülkiyeti and kat irtifakı rights on planned units can be encumbered. [1][3] In consumer lending, banks usually finance completed homes with kat mülkiyeti and the occupancy permit, because valuation, enforcement, and resale are clearer once a separate unit title exists and the building is legally usable. [6] Some lenders do lend against kat irtifakı in vetted projects, often with extra conditions, staged disbursements, or a commitment to convert after the occupancy permit. Policies vary by institution and reflect credit decisions, not statutory requirements. [6]

Things to watch for on the deed and at the registry

On a kat irtifakı deed, the record shows the land plot (arsa) with your share and an annotation linking that share to a specific independent section in the approved project; it does not yet list a completed unit’s block, floor, and door number as owned condominium property. [1][3] After conversion, a kat mülkiyeti deed states your independent section number and appurtenant land share, and the management plan appears in the record. [1] Before opening separate condominium pages, the land registry checks that the occupancy permit and the architectural project match, and any mortgages or attachments recorded at the servitude stage carry over to the new condominium page. [1][3]

Practical next steps for a buyer

Before signing, get the building license, the latest approved plans, and a firm timeline for the occupancy permit and conversion. Confirm at the land registry whether the unit is still under kat irtifakı or already kat mülkiyeti. Ask the relevant water and gas providers in writing which documents they require to open individual subscriptions for that address, and get your lender’s written collateral and title conditions for the tapu type on offer. This keeps utility activation and mortgage drawdowns on schedule with your move-in date and avoids surprises. For financing or legal decisions, consult a licensed lender and a Turkish lawyer who can review the registry and the municipal file for your building.

Related Questions:
– Q2 What documents are required to convert kat irtifakı to kat mülkiyeti?
– Q7 How do I check a property’s occupancy permit (iskan) status in Turkey?
– Q11 Which utilities require an iskan, and can I get temporary connections?
– Q15 How do Turkish banks value off-plan and newly completed apartments?

References:
[1] Resmi Gazete / Mevzuat (Law No. 634). “Kat Mülkiyeti Kanunu (Condominium Law).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.634.pdf
[2] Resmi Gazete / Mevzuat (Law No. 3194). “İmar Kanunu (Zoning Law) – Article 30 (Building Usage Permit).” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.3194.pdf
[3] Tapu ve Kadastro Genel Müdürlüğü (TKGM). “Kat Mülkiyeti ve Kat İrtifakı – Bilgilendirme / SSS.” https://www.tkgm.gov.tr/
[4] İGDAŞ (Istanbul Gas Distribution). “Abonelik İşlemleri ve Gerekli Belgeler (Residential Connections).” https://www.igdas.istanbul/
[5] İstanbul Su ve Kanalizasyon İdaresi (İSKİ). “Abonelik İşlemleri – Gerekli Belgeler (Residential Water Subscriptions).” https://www.iski.istanbul/
[6] Hürriyet. “Konut kredisi için iskan ve tapu türü şartları nelerdir?” https://www.hurriyet.com.tr/

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.