Iskan, Kat Mülkiyeti and Kat İrtifakı: The Turkish Property Documents Foreign Buyers Must Check
- Posted in 2026-11-08
- Legal News
- By Majesty Turkey
Table of Contents
- Iskan, Kat Mülkiyeti and Kat İrtifakı: The Turkish Property Documents Foreign Buyers Must Check
Iskan, Kat Mülkiyeti and Kat İrtifakı: The Turkish Property Documents Foreign Buyers Must Check
Last updated: October 2026
Short answer: The iskan, officially the yapı kullanma izin belgesi (building occupancy permit), is the municipality's confirmation that a finished building matches its construction permit. Kat irtifakı (construction servitude) is the title a unit has while the building is planned or under construction. Kat mülkiyeti (condominium ownership) is the full title for a unit in a completed building with iskan. Before you buy, check which one the title deed shows and whether the whole building has iskan.
Two apartments can look identical and have very different legal status. The difference is in the land registry and the municipality's permit records, and buyers often discover it only when they connect electricity, apply for a mortgage or sell.
What the iskan is
The yapı kullanma izin belgesi is issued under Zoning Law No. 3194, Article 30, by the authority that issued the construction permit, usually the municipality. It is issued after construction is finished and the building inspection firm (yapı denetim kuruluşu) that supervised the work under Building Inspection Law No. 4708 confirms completion. The authority must decide on the application within 30 days.
The iskan matters for five reasons:
- Utilities: under Article 31 of Law No. 3194, buildings without an occupancy permit cannot get permanent water, electricity and sewage connections. They run on temporary construction connections, which cost more.
- Mortgage: Turkish banks generally lend on completed units with iskan. Without it, a loan is difficult to obtain.
- Resale: many buyers, especially those who need a mortgage, avoid units without iskan.
- Legal status: a building without iskan, or with deviations from its permit, can face administrative fines (Article 42) and, for unpermitted work, demolition orders (Article 32).
- Earthquake compliance: the iskan shows that the building was completed under a permit and an inspection process. It does not prove the building is safe in an earthquake. See our guide on how to check an Istanbul building before you buy.
Kat irtifakı and kat mülkiyeti: the difference
Both are regulated by Condominium Law No. 634 (Kat Mülkiyeti Kanunu).
| Kat irtifakı | Kat mülkiyeti | |
|---|---|---|
| Building stage | Planned or under construction | Completed |
| What you own | A share of the land tied to a future unit | A finished independent unit plus a land share |
| Iskan | Not yet issued | Issued for the whole building |
| Utilities | Temporary connections | Permanent connections |
| Mortgage | Limited | Generally available |
Kat irtifakı is a full, registered right, not a reservation. You hold a title deed (tapu) and can sell, inherit or mortgage it. But it is tied to a building that does not yet legally exist as finished.
When the occupancy permit is issued for the whole building, the land registry converts kat irtifakı into kat mülkiyeti. In many cases this is now done automatically, based on the permit the municipality sends to the land registry. An iskan for only part of the building is not enough: the condominium title is set up for the whole building at once.
Buying off-plan with kat irtifakı
Most off-plan purchases in Istanbul are made in one of two ways:
- Title transfer with kat irtifakı: you receive a tapu for your future unit while construction continues. This is the stronger position.
- Notarised sales promise contract (satış vaadi sözleşmesi): the developer promises to transfer the unit later. It should be signed at a notary and annotated on the land register so that it binds later owners.
Kat irtifakı does not guarantee the project will be finished. Before signing, check:
- that the construction permit (yapı ruhsatı) is valid and matches what you are buying;
- that the unit number, floor and land share on the contract match the project plans;
- any mortgages or liens on the land;
- the agreed completion date and what happens if it is missed.
If you are paying in stages, our article on buying in installments for citizenship explains when the full amount must be paid.
How to check iskan and title status
- Title deed and land registry: the tapu and the land registry record show whether the unit is under kat irtifakı or kat mülkiyeti. You can view your own records through e-Devlet (turkiye.gov.tr) or the Land Registry and Cadastre (TKGM) Web Tapu system, or ask a lawyer to obtain a title record (tapu kaydı) from the land registry office.
- e-Devlet: the "Yapı Kullanma İzin Belgesi Sorgulama" service shows whether an occupancy permit has been issued.
- Municipality: the zoning department (imar müdürlüğü) of the district municipality holds the construction permit, the occupancy permit and the approved plans. A written answer from the municipality is the most reliable confirmation.
Check that the iskan covers the whole building and that the unit you are buying matches the approved plans. Added floors, closed balconies or a converted basement are common deviations.
Risks of buying without iskan
- No permanent utilities and higher bills on temporary connections.
- No conversion to kat mülkiyeti; the title stays as kat irtifakı.
- Difficult mortgage and a smaller pool of buyers when you sell.
- Fines or demolition orders if the building does not match its permit.
- A yapı kayıt belgesi (building registration certificate) from the 2018 zoning amnesty under Law No. 7143 does not replace an iskan and says nothing about earthquake safety.
Effect on Turkish citizenship and residence
Citizenship: under the Regulation on the Implementation of the Turkish Citizenship Law, a property with kat irtifakı or kat mülkiyeti can qualify, including an off-plan purchase under a notarised sales promise contract, if at least USD 400,000 is paid in advance and a 3-year no-sale annotation is placed on the land register. An iskan is not required, but the valuation, payment and DAB rules still apply. Since 29 September 2026, buyers can choose any SPK-licensed valuation firm, and reports are valid for 12 months. Our Turkish citizenship by investment guide has the full rules.
Residence permit: the property must be registered as residential on the title deed. A unit you cannot yet live in may cause problems as your declared address. Check with a lawyer before applying, and see our guide to the residence permit through property.
Frequently asked questions
What is iskan in Turkey?
Iskan is the common name for the yapı kullanma izin belgesi, the occupancy permit the municipality issues when a building is completed in line with its construction permit. Without it, a building cannot get permanent utility connections.
What is the difference between kat irtifakı and kat mülkiyeti?
Kat irtifakı is the title for a unit in a building that is planned or under construction. Kat mülkiyeti is the full condominium title, created once the whole building has an occupancy permit.
Is it safe to buy property with kat irtifakı?
It is a registered, legal title, and most off-plan purchases use it. The risk is the project itself, so check the construction permit, the developer's obligations and any liens before you pay.
Can I get Turkish citizenship with a property that has no iskan?
Yes, a property with kat irtifakı can qualify, if all citizenship conditions are met, including the USD 400,000 minimum, the valuation and the 3-year no-sale annotation.
How do I check if a building has iskan?
Use the "Yapı Kullanma İzin Belgesi Sorgulama" service on e-Devlet, and ask the district municipality's zoning department for written confirmation.
Sources: Zoning Law No. 3194 (Articles 30, 31, 32, 42); Condominium Law No. 634; Building Inspection Law No. 4708; Law No. 7143 (2018 zoning amnesty); Regulation on the Implementation of the Turkish Citizenship Law; Land Registry and Cadastre (TKGM). This is general information and rules change; confirm the status of a specific property with a licensed lawyer and the relevant municipality.
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