Buying a newly built home in Turkey may appear straightforward: the construction is completed, the developer hands over the keys, and the buyer moves into the apartment.
Legally, however, several different stages may exist between purchasing an off-plan property and becoming the owner of a fully completed and formally registered condominium unit.
Three concepts are particularly important:
physical delivery of the apartment,
the occupancy permit (Yapı Kullanma İzin Belgesi or “iskan”),
and
full condominium registration (Kat Mülkiyeti).
These stages are connected, but they are not legally identical.
A developer may physically hand over an apartment before the building has reached its final registration status. A purchaser may already hold a registered condominium easement (“kat irtifakı”) but still be waiting for the occupancy permit. A building may have received an occupancy permit while administrative registration procedures for conversion to full condominium ownership are still being completed.
For buyers—particularly foreign buyers unfamiliar with Turkish land registration terminology—failing to understand these distinctions can create serious legal and commercial risk.
The First Distinction: Physical Handover Is Not the Same as Full Legal Completion
When buyers speak about “delivery,” they often mean receiving the keys and taking possession.
Turkish consumer law uses a more technical concept.
Under the current rules governing prepaid housing sales, the property must be delivered within the period promised in the contract, and in any event the maximum statutory period cannot exceed 48 months from the date of the contract. The Ministry of Trade’s current March 2026 guidance confirms the 48-month maximum and also emphasizes that where the seller has promised a shorter contractual delivery period, the seller is bound by that shorter period.
The legislation also contains an important rule concerning when delivery is deemed to have occurred.
In prepaid housing transactions, delivery can legally be recognized where:
- a residence subject to kat mülkiyeti is registered in the consumer’s name, or
- the kat irtifakı is registered in the consumer’s name and possession of the residence is transferred to the consumer.
The current Ministry of Trade guidance continues to reflect this system.
This rule creates a distinction that buyers should understand carefully:
A property may legally be treated as delivered under consumer legislation even though the title has not yet been converted into full kat mülkiyeti.
That does not necessarily mean, however, that every other obligation of the developer has been completed.
What Is Kat İrtifakı?
Kat irtifakı, commonly translated as condominium easement or construction servitude, is a land-registry structure established in relation to independent units planned within a building project.
It is especially common during the construction stage.
Instead of waiting until the completed building has reached the stage at which full condominium ownership can be established, the project may already identify:
- the apartment number,
- floor,
- block,
- share of the land,
- and the independent section to which the buyer’s right relates.
TKGM’s procedures distinguish clearly between kat irtifakı and kat mülkiyeti. The establishment of kat irtifakı relies on the approved project and a valid building permit, while transition to full kat mülkiyeti is associated with completion of the building and the occupancy-permit process.
Accordingly, a title deed showing kat irtifakı is not automatically defective or unlawful.
It may simply mean that the project has not yet completed the legal steps required for full condominium registration.
Nevertheless, where a completed building has remained under kat irtifakı status for a long period, a buyer should investigate why the conversion to kat mülkiyeti has not occurred.
What Is Kat Mülkiyeti?
Kat mülkiyeti is full condominium ownership over a completed independent unit such as an apartment, office or shop.
Once established, each independent section is registered as a separate immovable property connected with its corresponding share of the underlying land.
TKGM guidance confirms that conversion from kat irtifakı to kat mülkiyeti is connected with the issuance of the Yapı Kullanma İzin Belgesi, or occupancy permit.
The practical progression therefore commonly looks like this:
Land → Building permit → Kat irtifakı → Construction → Occupancy permit → Kat mülkiyeti
This sequence is useful for understanding a development, although individual projects and administrative procedures can present additional complexities.
What Is the Occupancy Permit?
The Yapı Kullanma İzin Belgesi, commonly called iskan, is an administrative document relating to the completed building.
The current Planlı Alanlar İmar Yönetmeliği defines the occupancy permit as the approved document showing that the building has been completed in accordance with the projects attached to its building permit and authorizing the building’s use. The definition remains in the regulation as amended in July 2026.
The legal function of the document can therefore be summarized as follows:
Building permit (Yapı Ruhsatı): permission to construct.
Occupancy permit (İskan): confirmation and authorization concerning use of the completed building.
The occupancy permit is therefore not merely another title-deed document.
It belongs primarily to the zoning and construction-law side of the property.
Why Is the Occupancy Permit Connected to Kat Mülkiyeti?
Once a building constructed under kat irtifakı receives the required occupancy permit, the land-registry system provides for conversion to full condominium ownership.
According to TKGM, where a building subject to kat irtifakı has obtained an occupancy permit, conversion to kat mülkiyeti may proceed upon the application of one of the condominium-easement owners or following transmission of the occupancy information by the competent authority.
The Kat Mülkiyeti framework also provides for the administrative transmission of the occupancy-permit documentation for ex officio conversion following completion. TKGM materials describe the process under which the relevant documentation is sent for conversion after the occupancy permit is granted.
This is why buyers often see kat irtifakı during construction and kat mülkiyeti after completion.
However, the mere fact that construction looks finished from the outside does not necessarily prove that the administrative process has also been completed.
A Buyer Can Receive the Keys Without Receiving Full Condominium Title
This is perhaps the most important practical issue.
Consider the following scenario:
A purchaser buys an apartment from a developer.
The contract states that the apartment will be delivered in June 2026.
In June, the developer:
- finishes the apartment,
- hands over the keys,
- transfers physical possession,
- and the buyer’s kat irtifakı is already registered.
But the building has not yet been converted to kat mülkiyeti.
Has the property been “delivered”?
For the specific delivery rule applicable to prepaid housing sales, kat irtifakı registered in the consumer’s name together with transfer of possession can constitute legal delivery.
This means that a buyer should not automatically argue:
“There is no kat mülkiyeti, therefore there has legally been no delivery at all.”
That statement may be incorrect.
The real questions may instead be:
Was possession properly transferred?
Was kat irtifakı registered in the buyer’s name?
What did the developer specifically promise regarding iskan?
Was kat mülkiyeti promised by a particular date?
Why has the occupancy permit not been obtained?
Is the absence of iskan caused by a construction violation?
These questions may lead to very different legal results.
“Delivery” and “Occupancy” Must Therefore Be Analyzed Separately
Suppose the statutory requirements for delivery have technically been met because kat irtifakı has been registered and possession transferred.
There may nevertheless be a separate dispute if the developer promised:
“Apartment will be delivered with occupancy permit and kat mülkiyeti.”
If the developer delivers only physical possession while the building cannot obtain an occupancy permit due to serious deviations from its approved project, the developer’s obligations cannot necessarily be assessed solely by saying that the buyer received the keys.
The underlying contractual promises and the actual legal condition of the building must also be examined.
Consumer protection rules relating to defective goods may become relevant where a residence does not possess the contractual or reasonably expected characteristics. The Ministry of Trade identifies termination, proportionate price reduction, free repair and replacement with a defect-free equivalent among the consumer’s statutory remedies for defective goods.
The Reason for Missing Iskan Is More Important Than the Fact That It Is Missing
There can be a significant legal difference between two buildings that both lack an occupancy permit.
Scenario A: Administrative procedure still pending
The building was constructed substantially in accordance with the approved project, but the developer has not yet completed the final administrative documentation.
Scenario B: The building cannot obtain iskan because it violates the approved project
The developer may have:
- added unauthorized construction,
- altered common areas,
- built additional floors,
- changed the approved layout,
- failed to complete required technical elements,
- or otherwise constructed contrary to the building permit.
The second scenario creates significantly greater risk.
The occupancy permit is specifically connected with confirmation that the building has been completed in accordance with the permit and its annexed projects.
Therefore, when a developer says:
“The iskan is coming soon,”
the buyer should not merely ask when.
The buyer should ask:
“Why has it not yet been issued?”
A Building Permit Must Exist Before Prepaid Housing Sales Begin
Another important protection applies even earlier in the project.
Under Article 40 of Law No. 6502, a seller cannot enter into a prepaid housing sale agreement with consumers before the required building permit has been obtained. The law also requires pre-contractual information and imposes formal requirements concerning the sale or promise-to-sell structure.
This provides an important due-diligence rule for buyers purchasing from plans:
Never assume that a project has a building permit simply because apartments are being marketed.
The permit should be verified independently.
The Ministry of Trade continues to treat selling prepaid housing without the required building permit as a serious violation; the Ministry’s 2026 administrative-penalty announcement confirms that such conduct remains separately sanctioned under consumer-protection legislation.
Large Projects Must Also Provide Financial Security
For larger prepaid developments, Turkish consumer legislation imposes additional protection against project non-completion.
The Ministry of Trade’s current 2026 guidance states that where the project contains 30 or more residential units, the seller must provide one of the legally accepted security mechanisms before beginning prepaid sales.
Depending on the legally applicable mechanism, this can include forms of security designed to protect consumers if the development cannot be completed.
For a purchaser buying at an early construction stage, this protection can be just as important as the title structure.
The risk is not merely:
“Will I eventually receive kat mülkiyeti?”
The more basic risk may be:
“Will the building ever be completed?”
What If the Developer Misses the Contractual Delivery Date?
The 48-month period is a statutory ceiling—not a licence allowing every developer 48 months.
If the contract promises delivery within 18 months, the seller is generally bound by that contractual period.
The Ministry of Trade’s March 2026 guidance expressly explains that parties may agree on a shorter delivery period and that the seller is then bound by the agreed period.
Therefore, a clause promising delivery on 1 September 2026 cannot ordinarily be replaced by the developer saying:
“The law gives us 48 months.”
The legal analysis starts with the contractual delivery obligation, subject to the statutory maximum.
Depending on the circumstances, failure to deliver as promised may give rise to remedies based on consumer law, contractual breach and potentially damages.
The Handover Report Is Extremely Important
When a newly built property is physically delivered, developers frequently require the purchaser to sign a teslim tutanağı, or handover report.
Buyers should review such documents carefully.
A handover report may contain wording such as:
“Property has been received completely and without defects.”
That statement may create an evidential problem if there are obvious deficiencies.
Where problems exist, they should ordinarily be recorded specifically.
For example:
- missing kitchen equipment,
- unfinished flooring,
- water infiltration,
- smaller balcony,
- damaged windows,
- missing parking allocation,
- incomplete common areas,
- or discrepancies from the technical specification.
The legal effect of a document depends on its wording and circumstances, and statutory consumer rights cannot necessarily be eliminated through standard-form wording. Nevertheless, contemporaneous documentation can become highly important in later litigation.
Iskan Does Not Mean the Apartment Has No Defects
An occupancy permit and construction quality are separate issues.
A building may obtain an occupancy permit while an individual apartment still suffers from defects such as:
- water leakage,
- defective insulation,
- poor workmanship,
- damaged flooring,
- defective windows,
- mechanical problems,
- or discrepancies from promised materials.
The occupancy permit primarily concerns completion and compliance with the administrative project framework.
It should therefore not be treated as a private-law guarantee that every contractual obligation of the developer has been perfectly performed.
A purchaser may still have consumer-law rights concerning defective delivery even after iskan and kat mülkiyeti have been obtained.
Kat Mülkiyeti Does Not Automatically Prove That No Later Illegal Alteration Exists
The same caution applies to full registration.
The existence of kat mülkiyeti is important, but a buyer should still inspect the apartment’s current physical condition.
For example, after the building obtained its occupancy permit, an owner may have:
- enclosed a terrace,
- incorporated attic space,
- expanded into a common area,
- changed the internal configuration,
- or carried out another alteration inconsistent with the approved project.
The Ministry has separately addressed situations in which buildings with existing occupancy permits are later found to contain construction contrary to the approved project.
Therefore:
Kat mülkiyeti is important evidence of legal completion, but it should not replace physical and municipal due diligence.
What If the Developer Promised Kat Mülkiyeti but Only Transfers Kat İrtifakı?
This requires examination of the contract.
There is an important difference between:
“Delivery will occur by transfer of possession and kat irtifakı,”
and:
“The property will be delivered with iskan and kat mülkiyeti.”
Where the developer has undertaken a more extensive contractual obligation, compliance with the minimum statutory definition of delivery may not necessarily eliminate the additional contractual obligation.
The precise wording of:
- the preliminary information form,
- sale agreement,
- promise-to-sell agreement,
- technical specification,
- advertisements,
- brochures,
- and written communications
should therefore be reviewed.
The legal strategy may be very different where kat mülkiyeti is delayed for a minor procedural reason compared with a project that is structurally incapable of obtaining an occupancy permit because of substantial unlawful construction.
What Rights Can a Buyer Have?
Where the transaction falls within consumer law and the newly constructed residence is defective or materially inconsistent with the agreement, Law No. 6502 provides important remedies.
Depending on the circumstances, these include:
1. Termination of the contract
The buyer returns the property and seeks recovery of the purchase price where the legal requirements for termination are satisfied.
2. Reduction of the purchase price
The buyer keeps the property but seeks a reduction reflecting the defect.
3. Free repair
Where the defect can be remedied, the buyer may demand correction without additional cost.
4. Replacement with a defect-free equivalent
This may be relevant in some developments containing comparable units.
The Ministry of Trade identifies these as the core statutory remedies available for defective goods.
The appropriate remedy depends on the seriousness of the problem and whether correction is practically and legally possible.
Compensation May Also Become Relevant
A buyer may suffer financial loss beyond the existence of the defect itself.
A delayed or legally incomplete property may potentially produce costs associated with:
- temporary accommodation,
- additional financing,
- necessary repairs,
- technical reports,
- or other losses causally linked to the seller’s breach.
Whether such damages can be recovered depends on the legal basis, contractual structure, evidence and circumstances of the particular transaction.
A distinction should therefore be maintained between:
statutory remedies concerning the defective property itself
and
additional compensation for consequential financial loss.
The Five-Year Rule Is Important for Defective Residential Property
For consumer claims concerning defects in residential or holiday-purpose immovable property, the relevant consumer-law limitation period is generally five years from delivery, subject to statutory exceptions, particularly where defects are concealed through gross fault or fraud. Ministry of Trade materials confirm the special five-year period applicable to such immovable property.
This makes identification of the legally relevant delivery date particularly important.
Where there is a dispute over when delivery occurred, the rules concerning kat mülkiyeti registration and kat irtifakı plus transfer of possession may directly affect the time analysis.
What Should a Buyer Check Before Accepting a Newly Built Home?
A newly built home should ideally be investigated through several different files rather than only through the apartment itself.
1. Title deed status
Determine whether the property is registered as:
- land share,
- kat irtifakı,
- or kat mülkiyeti.
2. Building permit
Verify that the development has a valid building permit. Prepaid housing sales cannot lawfully commence before the building permit under the consumer-law framework.
3. Approved architectural project
Check whether the actual apartment corresponds to the approved project.
4. Occupancy permit
Determine whether iskan has been issued and whether it covers the relevant building or block.
5. Kat mülkiyeti conversion
Where iskan exists but the title still shows kat irtifakı, investigate the status of the conversion process. TKGM provides for ex officio conversion mechanisms once the required occupancy stage has been reached.
6. Contractual delivery conditions
Do not assume that receiving the keys satisfies everything promised by the developer.
The contractual definition of completion may be broader.
7. Physical defects
Inspect the apartment and common areas before signing unconditional delivery documentation.
A Practical Example
Consider a foreign buyer who purchases a new Istanbul apartment for EUR 500,000.
The contract provides:
“Delivery: December 2026.”
In December, the developer hands over the keys.
The buyer’s title shows kat irtifakı.
The apartment appears complete.
However, there is no occupancy permit.
The developer says:
“You have the keys and title deed, so our responsibility is finished.”
That conclusion may be too simplistic.
The legal analysis should ask:
Was kat irtifakı registered in the buyer’s name and possession transferred?
If yes, statutory delivery under the prepaid housing provisions may potentially have occurred.
But the investigation should continue:
Did the contract promise iskan?
Did the contract promise kat mülkiyeti?
Why is there no occupancy permit?
Was the building constructed contrary to the project?
Can iskan realistically be obtained?
Is the missing permit causing a reduction in the property’s value?
Does the situation amount to defective or incomplete performance?
A strong legal assessment cannot be made by looking only at the key-delivery date.
Why Foreign Buyers Should Be Particularly Careful
Foreign purchasers may see the words “Tapu Deed” and assume that obtaining any title certificate means that every legal stage has been completed.
That assumption is dangerous.
A Turkish title deed may reflect kat irtifakı, which is legally different from completed kat mülkiyeti.
Similarly, having physical possession does not by itself answer whether the building has received an occupancy permit.
The safest approach is to treat these as four separate questions:
1. Do I have possession?
2. Do I have a registered right?
3. Does the building have legal occupancy approval?
4. Has my independent unit reached full kat mülkiyeti registration?
Only after all four questions are answered can the legal condition of a newly built home be properly understood.
Conclusion: In Turkish New-Build Property, “Delivered” Does Not Always Mean “Fully Completed”
A purchaser should never treat the phrases delivery, iskan and kat mülkiyeti as interchangeable.
Under Turkish consumer law, a newly built residence may be treated as delivered where full kat mülkiyeti is registered in the buyer’s name or where kat irtifakı has been registered together with transfer of possession. The statutory maximum delivery period for prepaid housing is currently 48 months, while any shorter contractual delivery date remains significant.
The occupancy permit serves a different function. It confirms that the building has been completed in accordance with the relevant permit projects and authorizes use of the building.
Kat mülkiyeti represents another stage: full condominium registration of the completed independent unit. TKGM’s current procedures connect conversion from kat irtifakı to kat mülkiyeti with the occupancy-permit process.
The safest way to evaluate a newly built property is therefore not to ask only:
“Have I received the keys?”
Instead, the buyer should ask:
“Has the apartment been physically delivered?”
“Has the occupancy permit been obtained?”
“Is my title kat irtifakı or kat mülkiyeti?”
“Does the completed apartment correspond to the approved project?”
“Has the developer fulfilled everything promised in the contract?”
In Turkish real estate law, these questions may look similar—but legally, they can produce very different answers.
No Responses