KAT MÜLKİYETİ ve KAT İRTİFAKI Nedir? 📌 Kat Mülkiyeti Nasıl Alınır ? / Aralarında Ne Fark Var?

Summary

In this video, Architect Engin Akgün explains the key differences between 'Kat İrtifaklı Tapu' (Co-ownership Deed) and 'Kat Mülkiyeti Tapu' (Condominium Title Deed) in Turkish real estate. He outlines the process of converting a 'Kat İrtifaklı Tapu' into a 'Kat Mülkiyeti Tapu' once a building is fully constructed and receives its occupancy permit. The video highlights the importance of these titles in property transactions, particularly their impact on loan eligibility. Akgün advises viewers to pay attention to construction details when purchasing, as modifications can influence the loan amount or approval.

Takeaways

• 😀 Kat İrtifakı Tapu (Conditional Ownership Deed) is issued for properties still under construction, indicating that the building is not yet completed.
• 😀 After the construction reaches a certain level (e.g., basement and road level), the contractor applies for Kat İrtifakı Tapu, which lists the independent units (apartments) in the building.
• 😀 Kat İrtifakı Tapu includes an 'Arsa Payı' (land share), which indicates your ownership percentage in the land the building is constructed on, not the apartment itself.
• 😀 The Kat İrtifakı Tapu reflects the building under construction, not the completed property, and is considered a provisional document.
• 😀 When the construction is completed, the contractor applies for the Building Usage Permit (İskan Belgesi), which allows the building to be fully recognized as a finished structure.
• 😀 Once the İskan Belgesi is granted, the building is legally recognized, and the Kat İrtifakı Tapu is converted into Kat Mülkiyeti Tapu (Property Ownership Deed).
• 😀 Kat Mülkiyeti Tapu indicates that the building is completed and fully operational, and the description in the deed changes from 'land' to 'concrete building'.
• 😀 Kat Mülkiyeti Tapu is considered more valuable and is recognized by banks when applying for loans, as it represents a finished and inhabitable property.
• 😀 A property with Kat İrtifakı Tapu may still be eligible for bank loans, but the loan approval might require the building to be at least partially habitable.
• 😀 In cases where there are modifications made by the contractor or other users (e.g., changes in common areas or additional structures), the bank may reduce the loan amount or deny the loan approval.

Q & A

What is the main difference between 'kat mülkiyeti' and 'kat irtifaklı tapu'?

The main difference is that 'kat mülkiyeti' (condominium title) is issued once a building is fully completed and has received all necessary permits, while 'kat irtifaklı tapu' (floor easement title) is issued during construction, before the building is finished.

When is 'kat irtifaklı tapu' issued in the construction process?

'Kat irtifaklı tapu' is issued after the building reaches a certain level of completion, such as when the basement or ground floor is finished and the building reaches street level.

What does the 'arsa payı' (land share) mean in the context of 'kat irtifaklı tapu'?

'Arsa payı' refers to the share of the land that belongs to each independent unit in the building. It indicates the percentage of the land's value or ownership associated with each apartment or unit.

Can buyers obtain loans with a 'kat irtifaklı tapu'?

Yes, buyers can obtain loans with a 'kat irtifaklı tapu', but banks often require that the building be near completion before approving the loan, as they may want the property to be inhabitable or finished to a certain degree.

What role does the municipality play in the issuance of 'kat irtifaklı tapu' and 'kat mülkiyeti tapu'?

The municipality plays a key role in verifying the building's status. For 'kat irtifaklı tapu', the municipality approves the list of independent units, and for 'kat mülkiyeti tapu', it issues an occupancy permit ('iskan belgesi') after inspecting the completed building.

What happens to a 'kat irtifaklı tapu' once the construction is completed?

Once the construction is completed, the builder submits the building for inspection, and after receiving the occupancy permit from the municipality, the 'kat irtifaklı tapu' is converted into 'kat mülkiyeti tapu', indicating the building is finished and ready for habitation.

What does the 'kat mülkiyeti tapu' signify about the property?

'Kat mülkiyeti tapu' signifies that the building is fully completed, legally approved, and ready for occupancy. It also allows for easier transactions, including securing loans from banks.

Why is 'kat mülkiyeti tapu' considered more valuable than 'kat irtifaklı tapu'?

'Kat mülkiyeti tapu' is more valuable because it indicates that the building is completed, inspected, and approved for occupancy, while 'kat irtifaklı tapu' is issued while the construction is still in progress and the building is not yet finished.

What are the implications of having a 'kat irtifaklı tapu' for property buyers?

A 'kat irtifaklı tapu' means that the property is still under construction, so the buyer might face challenges in securing a full loan from a bank. It also indicates that the building is not fully completed or legally habitable yet.

What should buyers check before purchasing a property with a 'kat irtifaklı tapu'?

Buyers should ensure that the construction is progressing well and verify that the building is nearing completion. They should also confirm whether the property is eligible for loans, as banks may have specific requirements for properties under construction.