The difference between the two deed types, buyer risks and steps for a safe purchase.
One of the most important concepts you will meet when buying a new project is at what stage and in what form the title deed will be issued. The difference between a condominium easement and condominium ownership determines when your right is legally secured.
What is a condominium easement?
It is a right of easement established under the Condominium Law for the independent units of a building that has not yet been built or is under construction. When the project is registered as a condominium easement, a separate title deed is issued for each apartment, and the buyer registers their right with the land registry.
What is condominium ownership?
After the building is completed and an occupancy permit is obtained, the condominium easement is converted into condominium ownership. A condominium ownership deed is the type of title that lets you use the home as independent, full ownership most easily in mortgage, transfer and loan transactions.
Risks for the buyer
- In sales with no title deed or shared title, you cannot transfer your apartment without the consent of the other shareholders.
- A mortgage or seizure on the plot can affect the buyer's right; always check annotations on the title record.
- Apartments handed over without an occupancy permit can cause problems with utility subscriptions and loans.
Steps for a safe purchase
First, examine the title record on e-Devlet or at the land registry. Look for any mortgage, seizure or annotation. Make the contract at a notary, secure pre-payments with a guarantee and register the condominium easement deed in your own name.
When can a loan be taken?
Banks can extend a loan against a condominium easement deed for projects under construction; however, loan terms and appraisal vary by bank. In completed buildings, condominium ownership is the most preferred and easiest title to finance.
This article is general information and does not replace legal advice; consult a lawyer or the land registry before the transaction.
A practical example
Suppose you buy an apartment in a project whose foundations have just been laid. After the contract, the project's condominium easement deed is issued and a title record is created in your name. When construction is complete and the occupancy permit is obtained, the conversion to condominium ownership is made at the land registry. This usually requires no extra fee, but title costs and property tax liability begin; check your new title deed together at handover.
Common mistakes
The most common mistake buyers make is paying on the basis of a sales promise contract alone without checking the title record. Contracts with no notary approval and no annotation on the title give limited protection against third parties. Getting legal support before major payments avoids problems that can last months.
