What is Floor Easement in Turkey? and What Distinguishes It from the Floor Ownership?

What is Floor Easement in Turkey? What Distinguishes It from the Floor Ownership?? How can I register Floor Easement? What are the cases of termination?  

Many of those wishing to invest in the real estate sector complain about the limited knowledge of the laws related to the Floor Easement and the floor ownership. It is necessary to pay attention to some of the details detailed in this article to protect the property owner's rights.

Introduction to the Floor Easement in Turkey

Floor easement is a sign put in the title deed, which relates to the floor on which no construction has been built, or to a floor whose construction has not yet been completed. This register shall specify the shares of the property and the share of each owner.

Construction companies and real estate marketing usually show the characteristics of the building to be sold to the buyer on the map through this register.

The floor easement aims at indicating the shares of the owners of the right in the real estate established, or the statement of shares of all the shareholders in the floor in the case of allotment, from the beginning of construction until housing.

Contrary to what is prevalent, the floor easement is quite different from the floor ownership.

The primary purpose of the floor easement is the legal statement of the owners' share of the floor ownership of the facility to be built or being built on it.

After starting the housing process, the Turkish law requires moving from the floor easement to the floor ownership. It is important to pay attention to this issue before buying the property that is still in the construction phase. Here is the difference between the two types of real estate easements.

The Differences Between Floor Easement and Property Floor Ownership?

The title deed shall be marked with a floor easement mark of the building is incomplete, while it shall be marked as the floor ownership if only the building is completed.

The property marked as a floor easement is considered to be at greater legal risk than the building identified as floor ownership.

In the case of floor easement, the municipality can issue a decision to demolish the building! if the building is not completed corresponding to the project approved by the municipality.

Floor ownership is building impunity because the description of the floor ownership is not added to the title deed unless the building is identical to all relevant laws. Where the responsibility for obtaining the housing approval rests with the contractor or the construction company that establishes the project. After obtaining the housing approval, all buyers' bonds are converted into full title deeds.

Steps to Register the Floor Easement Using the Title Deed?

In order to register the floor easement, the owner of the land or all of the owners thereof must apply to the Tabu Directorate to inform them of their desire to register the temporary easements. The property owner shall then be required to provide the following:

• A project plan designed by an architect who is legally authorized to work signed from the owner of the land or all the owners of the shares and is verified by the municipality.

This project includes information such as landowners' shareholdings in the independent parts of the property to be constructed or under construction, distributed according to the allotment values in the land, calculated according to their locations and areas, and the location of the common facilities and the annexes and their areas.

• An administrative plan for a project under construction or to be built later, and that the plan is signed by the owner of the land or all of the shareholders therein.

Notice: A new management plan will not be required when converting to the floor ownership.

The receiving clerk of such papers shall verify their completeness and approval of the legal assets and verify whether the applicants are the owners or shareholders of the land.

If the papers are complete, the employee shall organize an official contract. This contract shall be considered as an application for the registration of the title deed at the same time. Thus, the owner's share or land ownership shares will have been legally verified.

The Floor Easement Termination Cases

1. The temporal or floor easement of the land may be terminated by the owner of the land or by all owners in the case of the allotment, in a written statement to the Tabu Directorate.
2. The floor easement of the land shall be terminated by itself in the event of the entire loss of the land organized by the title due to a flood, earthquake or the like.
3. Floor easement shall be terminated also if the construction on the land’s completion becomes impossible, such as the collapse of a part of the land, the incorporation of it into a new urban plan, or if it has been expropriated by the State.
4. The judge may issue a decision to terminate the floor easement of the land at the request of one of its partners after five years due to the non-completion of the construction according to the plan submitted for the temporary easement. The judge may also extend the period upon request.

Edited by: Imtilak Real Estate ©

Source: Emlak Kulasi

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