What is Condominium Ownership and Condominium Easement? What are the differences?

Owning your own home is an important milestone that many people dream of. However, homeownership is sometimes full of complex and difficult to understand legal concepts. Condominium easement and condominium are terms that are common in Turkey and are of great importance when owning a house. In this article, we will discuss the concepts of servitude and condominium in detail and explain the differences between them.

What is Floor Ease?

Construction servitude is a type of title deed that is temporarily given to beneficiaries at the stage of approval and construction of a construction project. This document, proving that you are the owner of your apartment or shop in a building under construction, refers to a certain part of the land assigned to you. The easement ends with the completion of the building and receipt of the declaration of use, and it must be converted to a condominium.

What is condominium ownership?

Floor Easement and Condominium Property

Condominium ownership is a type of title deed that officially states the property you own in a completed building. After verifying that the statement of use has been received and built in accordance with the project, the easement will be converted into a condominium. The deed of sale definitively establishes ownership of your apartment or shop and provides you with numerous benefits. For example, if you own a condominium, you can open electricity, water, and natural gas subscriptions and take advantage of financial opportunities such as home loans.

What is the difference between easement and condominium ownership?

Floor Easement and Condominium Property

Although easement of condominium and condominium both denote ownership, there are some key differences between them:

1. Type of deed

While the title deed type is specified as “land” in the floor easement, the title deed type is updated as “building” in the condominium title deed.

2. Project status

The easement indicates that a project has been approved and construction has begun, while it indicates that a project whose condominium has been completed has been built and the certificate of use has been received. Condominium property includes buildings completed in accordance with the project and made ready for living.

3. Property status

While the easement indicates a certain share assigned to you on the land, it indicates final ownership of the condo or store that belongs to you in the completed project. When you own the condominium, the independent unit is completely yours and you have broader rights to it.

4. Legal Validity

The easement is a temporary title deed during the construction process and has no official title deed. Condominium ownership, on the other hand, is the officially registered title deed of a completed building and definitively indicates ownership.

How to convert floor convenience into condominium ownership?

Floor Easement and Condominium Property

The easement must be converted to condominium, which is the title deed to the condo or store you own in a completed building. This conversion process includes the following steps:

1. Get proof of residence

After the construction is completed and the suitability for the project is approved, a residence permit is obtained from the municipality. The certificate of use confirms that the building is safe and habitable.

2. Register with the Kadaster

After the settlement certificate is received, the project owner or the land owner submits an application to the Land Registry and Land Registry Department requesting that the easement on the land be converted into condominium ownership. The necessary documents and a settlement document are submitted with the application.

3. Wait for Cadastre

When the application is accepted, the necessary arrangements are made by the Land Registry and Land Registry Directorate and the easement title is converted to a condominium and updated as “building” instead of “land” in the title deed.

Conditions required for establishing easement on the floor

Floor Easement and Condominium Property

Easement is a deed drawn up to sell the independent sections in an unfinished construction project. In order for an easement to be established, the following conditions must be met:

Incomplete construction

In order to speak of an easement, the relevant construction must not yet be completed. In a building under construction, floor service is used for the sale of independent parts.

Independent sections that are independent

Self-contained areas that come under architectural easement must be single-use units and have free-standing properties. In this way, each independent part can be registered as a separate immovable property in the land register and the sales transaction can be carried out.

Project integrity

When establishing floor servitude, floor easement is applied to all parts of the project, not just certain floors or sections. That is, a deed arrangement is made for the entire construction.

Permission of Owners

Establishing an easement requires the approval of all owners on the land. If there is more than one owner, they must all approve the easement.

What is the difference between Floor Easement and Condominium Ownership?

Condominium easement denotes a temporary title deed in an unfinished project while condominium denotes definitive ownership in a completed project.

Is it possible to buy an apartment with an easement in a project under construction?

Banks generally don’t want to provide home loans for easement flats. It can be taken only after expert advice from a reliable construction company.

Is there an expiration date for the easement?

Yes, the easement is valid for a certain period of time. At the end of the period, if the occupancy is not occupied, the easement ends.

Is it safe to own an apartment without title?

Owning an apartment without a condominium deed indicates that a legal obligation has not been met and that security problems may arise.

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