What is Construction Servitude and Condominium Ownership?

Kat Mülkiyeti

The concepts of Construction servitude and condominium ownership, are important among the procedures in the process of owning and acquiring property.

Construction servitude and condominium ownership, which are concepts that we encounter in the process of purchasing real estate such as houses and shops, provide us with some preliminary information about the legal status of these real estate. The concepts of easement and ownership that we encounter in the purchase process of these immovable in a house sale, a warehouse or shop sale vary according to the sale procedure. Because there are very basic differences between these two concepts, and according to these differences, the legal processes that must be followed in order to acquire a real estate appear before us.

What Does Construction servitude Mean?

Construction servitude; means the establishment of easement rights in accordance with the provisions of the Condominium Ownership Law,by the land owner or the joint owners of the land, on the parts of a building that is being built or to be built in the future, such as floors, apartments, business offices, shops, stores, cellars, warehouses, etc.

construction servitude, is a fundamental right to the condominium ownership. to be passed after the construction is completed, and at the same time, the formation of a legal right of the persons on these constructions in their own name is only possible with the easement to be taken.

Construction servitudeestablished in order to have a legally valid basis apply to the General Directorate of Land Registry and Cadastre in our country. For application, management plan, site plan, tax number, title deed, photocopy of identity card and petitions describing the situation are submitted to the directorate as documents.

What Does Condominium Ownership Mean?

For real estate such as completed houses, buildings, shops, etc., first of all, it is necessary to apply to the Zoning Directorate of the relevant Municipality and obtain a settlement. The concept of resettlement, which is accepted as "Residence Permit" in meaning, shows us that the completed building was built in accordance with the relevant zoning plan and without complying with the accepted project drawing. In this case, a residence permit cannot be issued for buildings that are determined not to have been built in accordance with their plans.

Although the concept of condominium ownership is a document that can only be obtained after obtaining the occupancy certificate. It is also impossible to open a natural gas subscription, water subscription or electricity subscription in buildings that do not have a settlement certificate. Apart from this, if everything is completed properly and the occupancy is taken, the construction servitude must be transferred to the condominium ownership. Because it is obligatory to buy the condominium ownership in the projects that have been completed with everything.

Although the concept of condominium ownership is defined as the property right established on independent sections, in order to obtain a legally valid document, the construction servitude must be transferred to the condominium ownership. Otherwise, since there will not be a document stating that the real estate is owned by him, it will not be possible to obtain legal rights since the legal obligations related to these processes will not be fulfilled. Therefore, you must have acquired the condominium ownership.

What are the Differences between Construction Servitude and Condominium Ownership?

It is possible to give an explanation even based on the definitions about the differences in construction servitude and condominium ownership. In the concept of  construction servitude, , the existence of a building is not mentioned yet, and the existence of a building is only mentioned during the construction phase, while in the condominium ownership, the building is completed and a property is acquired. Basically, the difference that separates these two concepts from each other is that the construction servitude determines who owns which place on which floor before the construction starts, and condominium ownership is that the official document on the property right established on these buildings is given to the right holders after the construction is completed.

What is Construction Servitude and Condominium Ownership?

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