Article 9: Kat Mulkiyeti or Kat Irtifaki – The Title Deed Difference Every Buyer Should Understand

One of the most important details on any Turkish property title deed is whether it says kat mulkiyeti or kat irtifaki. Understanding this distinction before signing saves complications later — it affects utilities, financing, and the eventual resale process.

9a. Kat irtifaki — construction lien title

Kat irtifaki (literally “floor easement”) is a title deed type registered before a building is complete and before it has received its occupancy permit (iskan — yapi kullanma izni) from the local municipality. It does not represent full independent ownership of your apartment. Instead, it represents a right linked to your proportional share of the land on which the building stands. Your individual apartment unit is not yet legally recognised as a completed, independent property.

The practical consequences of holding a kat irtifaki deed:

• Electricity and water subscriptions are often restricted to construction tariffs — significantly more expensive than residential rates
• Turkish banks typically refuse to issue mortgage loans or accept kat irtifaki properties as collateral
• Long-term rental contracts cannot be formally registered at the land registry, weakening the legal position of both landlord and tenant
• The buyer pool for resale is significantly narrower — only buyers willing to accept the risk will consider the property
• Short-term rental licences under Law No. 7464 are harder to obtain without kat mulkiyeti status

9b. Kat mulkiyeti — full ownership title

Kat mulkiyeti is issued once the building has been fully completed and the municipality has granted the occupancy permit (iskan). Under Law No. 634 on Condominium Ownership, your apartment’s floor, unit number, gross and net floor area, and specifications are all formally recorded. You hold unrestricted legal ownership — The right to sell, let, mortgage, and dispose of the property freely.

For foreign buyers, kat mulkiyeti is the only title deed type that provides full legal security and maximum market liquidity.

9c. The iskan — what it is and why it matters

The iskan (yapi kullanma izni — building occupancy permit) is issued by the local municipality after inspecting the completed building and confirming it complies with the approved construction project and safety standards. Without iskan, kat irtifaki cannot be converted to kat mulkiyeti. After iskan is issued, all unit owners in the building must apply jointly to the land registry to complete the conversion. Once iskan is obtained, conversion to kat mulkiyeti is a legal obligation — failure to convert can attract administrative penalties under the relevant building regulations.

Important: iskan can take months or even years after a building is physically complete. A developer who says “iskan is coming soon” without providing a firm date or documentary evidence of the application status should be treated with caution.

9d. Risks specific to foreign buyers

• Citizenship by investment applications are far safer with kat mulkiyeti. While some kat irtifaki properties have been accepted, the risk of rejection or delay is real.
• Residence permit applications based on property ownership require the property to meet the USD 200,000 minimum — A kat irtifaki property may face complications in the valuation process.
• Banks in Turkey tightened their lending policies on kat irtifaki deeds further in 2025-2026, making future mortgage finance increasingly unavailable for these properties.
• Insurance under DASK (compulsory earthquake insurance) is available for kat irtifaki properties, but some supplementary home insurance policies exclude them.

9e. What to check before signing

• Request the actual title deed document (tapu) and read the deed type — it will state either kat irtifaki or kat mulkiyeti
• If kat irtifaki: ask for documentary proof of the iskan application status from the municipality, not just a verbal assurance
• Research the developer’s track record — have their previous projects obtained iskan on schedule?
• Have your lawyer check whether the building has any outstanding compliance issues that could delay iskan
• If buying kat irtifaki, write the expected iskan date and a compensation mechanism for delay into the purchase contract

9f. I already own a kat i̇rtifaklı property — What should i do?

If you have already purchased a property with kat irtifakı rather than kat mülkiyeti, you are not alone — A significant proportion of foreign-owned property in Turkey is still at this stage. Your options:

• If the building is complete and occupied: the developer is obligated to obtain the iskan. If they have not done so, you can collectively pressure them through a lawyer or through the municipality. In some cases, owners can apply for the iskan collectively without the developer if they can demonstrate the building meets code.
• If the building is under construction: the kat irtifakı is the expected status — conversion to kat mülkiyeti happens automatically after iskan is issued.
• If the building is complete, occupied, and the iskan is permanently unobtainable due to violations: this is the most serious situation, potentially requiring urban transformation proceedings (kentsel dönüşüm) — consult a property lawyer immediately.

Selling a kat irtifaklı property is possible but harder — many buyers and their lawyers will insist on kat mülkiyeti before purchase. This affects your exit options.

Questions buyers ask

Reddit r/Turkey: “My agent says kat irtifakı is fine and everyone has it. Should I believe them?”

Partially true, significantly misleading. Many properties in Turkey are sold at kat irtifakı stage — particularly new builds that are complete but awaiting iskan. This is normal and expected to resolve. What is not fine: a completed building that has been occupied for years and still lacks iskan, because this suggests a permanent problem — an unauthorised floor, a zoning violation, or a fire safety deficiency that the municipality will not clear. Ask specifically: how long has the building been complete? When was the iskan applied for? What is preventing its issuance? A developer who cannot answer these questions clearly is a developer whose iskan situation deserves serious scrutiny.

Quora: “What is the difference between kat mülkiyeti and kat irtifakı in simple terms?”

Kat irtifakı is a “construction lien” — it confirms that a specific apartment unit is planned within a building that is registered but not yet complete or officially approved. It gives you ownership rights but the building has not yet received its occupancy certificate. Kat mülkiyeti is full condominium ownership — The building has been inspected, approved, and received its iskan certificate. Think of kat irtifakı as a provisional title and kat mülkiyeti as the final title. Both can be bought and sold, but kat mülkiyeti is the superior status and the one you should insist on for any completed building.

Facebook expat group: “The building I want to buy has kat irtifakı. The developer says iskan is coming in 3 months. How do I protect myself?”

Three months is a promise, not a guarantee. Include an iskan delivery date as a contractual obligation with a penalty clause — if iskan is not delivered within the stated period, you have the right to compensation or contract cancellation with full refund. Have your lawyer verify that the building permit is current and valid (permits expire after 5 years if construction is not complete). Ask the municipality directly — not the developer — whether there are any known obstacles to iskan issuance for this specific building. A developer who objects to you making this inquiry has something to conceal.

EXPERT ADVICE: Always target kat mulkiyeti. If a kat irtifaki property is genuinely compelling — because of price, location, or developer reputation — have your lawyer confirm the iskan timeline in writing and include contractual penalties for delay. A property without iskan is not just a legal inconvenience; it limits your financing options, your rental income potential, and your eventual resale. Sources: 634 Sayili Kat Mulkiyeti Kanunu — https://www.mevzuat.gov.tr | T.C. Cevre, Sehircilik ve Iklim Degisikligi Bakanligi — https://www.csb.gov.tr | T.C. Tapu ve Kadastro Genel Mudurlugu — https://www.tkgm.gov.tr

P.S. — The technical difference between kat irtifakı and kat mülkiyeti can be confusing, and honestly you do not need to memorise every legal detail. But there is one thing I want you to take away from this article, and I want to say it as plainly as I can: do not purchase any property — any property whatsoever — where the iskan, the title deed, or any part of the legal documentation is incomplete, missing, or “will be sorted out after signing.” I have seen this story play out more times than I care to remember. The price is attractive. The developer is charming. The apartment is beautiful. And the paperwork is not quite ready yet. My advice is simple: iskan complete, all documents in order — buy. Anything less — run.