When buying a home or bidding at enforcement auctions in Turkey’s fast-growing property markets, particularly Alanya, Antalya and Gazipaşa, one of the greatest dangers buyers face is the floor easement (kat irtifakı) trap. Home buyers often act on the assumption that “I have the title deed, so the property is entirely mine”; however, the words “independent unit”, “residence” or “flat” on the title deed (tapu) do not mean that the property has been physically completed on the ground, that its occupancy permit (iskan) has been issued, or that it will be handed over without problems.
A specific enforcement sale case in Alanya that was reported publicly and in the press laid bare this legal reality. Under file no. 2026/409 TLMT. of the Alanya Enforcement Office, independent unit no. 30 (a 4th-floor flat) on a parcel on Çakıcı Street in the Tosmur neighbourhood was put up for sale by enforcement. However, the panel of experts’ on-site inspection found that construction had stopped at foundation (subasman) level and that the 4th-floor flat did not physically exist on the site at all. The following warning in the official enforcement notice clearly documents the scale of the floor easement trap:
“Since the independent unit has not been constructed on site, physical delivery cannot be made after the auction.”
In other words, the person bidding at the auction will be bidding not for a home whose keys can be collected, but for an easement right that is registered on the title deed and defined in the project but has never been built. In this comprehensive guide we examine the risks of the floor easement trap, the differences between floor easement and condominium ownership, the legal background to the enforcement sale of a “non-existent flat”, and what needs to be done to avoid losing your rights.
1. What Is a Floor Easement? Why Is “Independent Unit” on the Title Deed Not Enough?
Under Articles 1 and 10 of the Condominium Law No. 634 (KMK), a floor easement is an easement right established, attached to a land share of the main property, in a building that has not yet been built or whose construction has not been completed, with a view to becoming the subject of condominium ownership in the future.
The basic legal characteristics of a floor easement and the risks it involves are as follows:
- It Is Established at the Project Stage: Once the architectural project has been approved and a building permit has been obtained from the municipality, a floor easement can be registered on the title deed even if not a single spade has yet gone into the ground.
- It Is a Right Attached to a Land Share: The holder of a floor easement is in fact the holder not of a finished building, but of a share allocated to an independent unit in the project on the land.
- The Land Register Describes the Property as “Land”: For properties with floor easements, the main type in the land register is still recorded as “land” (arsa); this does not change until the building is completed and the occupancy permit is obtained.
- It Does Not Guarantee Physical Existence or Delivery: The independent unit number and floor shown on the title deed do not prove that the building actually exists on the site, that it was built in accordance with zoning rules, or that it can be delivered.
As repeatedly emphasised by the General Directorate of Land Registry and Cadastre (TKGM) and in decisions of the Court of Cassation (Yargıtay): for a property subject to a floor easement, whether the building has actually been constructed on the ground, or what stage construction has reached, cannot be established merely by looking at the land register. This is the most common source of the floor easement trap in unchecked property investments.
2. Differences Between Floor Easement and Condominium Ownership, and the Role of the Occupancy Permit
When buying property, real security of ownership and legal protection can only be achieved through condominium ownership (kat mülkiyeti) and a building use permit (occupancy permit, iskan). The main legal distinctions between the two statuses are as follows:
- Floor Easement (Preliminary Stage): A temporary easement right at the project stage. The risks of the construction being left unfinished, the contractor building contrary to the project, or occupancy permit fees not being paid lie with the buyer.
- Condominium Ownership (Full Ownership): The status in which an occupancy permit (building use permit) has been obtained from the competent municipality under Article 30 of the Zoning Law No. 3194, the completion of the building in accordance with the project has been officially registered, and the property has acquired the description “building” through a change of type on the title deed.
Under the amendment made to the Condominium Law by Law No. 7327, for buildings that have obtained an occupancy permit, the transition from floor easement to condominium ownership can be carried out ex officio (automatically) where the municipality transmits the documents electronically to the Land Registry Directorate. For buildings without an occupancy permit, however, this transition is legally impossible.
3. The Alanya Tosmur Case: How and Why Can a “Non-Existent Flat” Be Sold by Enforcement?
The public quite understandably asks in astonishment: “How can an enforcement office sell a flat when there is no building?” In our legal system, the mechanism works as follows:
Under the Enforcement and Bankruptcy Law No. 2004 (İİK), enforcement offices are obliged to attach and sell transferable property rights registered in the debtor’s name in the land register. In this case, a floor easement had been established in the name of the contractor or the landowner on the basis of a municipality-approved architectural project. Consequently, independent unit no. 30 is legally recorded in the land register as an existing “easement right”.
When making a sale, enforcement offices do not undertake the physical condition of the property or turnkey construction. They offer the right on the title deed for sale in its current state. Since the expert report found that construction had stopped at foundation level, the annotation “physical delivery cannot be made” was added to the sale specifications.
Serious Risks Awaiting a Buyer Who Bids at Such an Auction:
- The buyer acquires not a home ready to move into, but a certain share in the land and an easement right.
- To complete the construction, the buyer may have to come together with the other right holders, find a contractor and bear high additional construction costs.
- The buyer may face the risk of the title deed being cancelled due to the contractor’s bankruptcy, the expiry of the building permit (5-year permit period), or lawsuits between the landowners and the contractor.
For detailed information on disputes arising from off-plan property purchases and the steps to follow, you can read our article The legal rights of those who bought an off-plan flat in Alanya but could not obtain a title deed and occupancy permit.
4. Rights Where the Contractor Leaves the Construction Unfinished (Default)
In projects with floor easements, where the contractor stops or abandons construction or exceeds the delivery deadline, the legal mechanisms available under the Turkish Code of Obligations No. 6098 (TBK) and the KMK are as follows:
- Performance on Behalf and at the Expense of the Contractor (TBK Art. 113): Right holders may apply to the court for authorisation to complete the remaining unfinished parts of the construction on behalf and at the expense of the contractor, and may recover all costs incurred from the contractor.
- Delay Compensation and Market Rent: If the delivery date agreed in the contract is exceeded, compensation equal to comparable rent may be claimed for each month that passes. For our related guide, you can visit our page on late delivery and rent compensation in flat-for-land construction.
- Termination of the Contract and Cancellation of Title: In the event of the contractor’s default, landowners may exercise their right of retroactive termination and request the cancellation of the title to the easement shares transferred to the contractor. For details, see our reviews on rights in the event of the contractor’s default and actions for cancellation and registration of title.
- Criminal Complaint for Aggravated Fraud: If the contractor, despite lacking the capacity to complete the construction, sold to more than one person through fraudulent promises, criminal proceedings may be brought under Article 158/1-h of the Turkish Criminal Code (TCK) (fraud in commercial activity). For detailed information, you can read our guide on fraud in property sales and its criminal consequences.
5. Comparative Analysis: Floor Easement vs Condominium Ownership vs Occupancy Permit
The comparison table below shows the critical technical and legal differences between floor easement and condominium ownership when buying property:
| Criterion / Feature | Floor Easement (No Occupancy Permit / Under Construction) | Condominium Ownership (With Occupancy Permit / Completed) |
|---|---|---|
| Description in the Land Register | Land (easement right attached to a land share) | Building (full and independent ownership) |
| Physical Condition of the Building | May be under construction, at foundation level or incomplete | Fully completed and compliant with the permit |
| Occupancy Permit (Building Use Permit) | None (municipal inspection not yet completed) | Yes (official permit approved by the municipality) |
| Assurance of Actual Delivery | Low (depends on the stage of completion of construction) | Full assurance (ready for use and occupation) |
| Utility Subscriptions (Electricity/Water) | Construction-site electricity / high temporary tariff | Individual residential tariff |
| Enforcement Sale Situation | No delivery if it does not physically exist | The physically existing home is delivered |
| Level of Legal Security | Medium / High risk (legal due diligence essential) | Highest security |
6. 5 Vital Steps to Avoid the Floor Easement Trap (Checklist)
A legal checklist for anyone planning to buy a home or take part in enforcement auctions in Alanya, Antalya, Gazipaşa and Manavgat:
- Check Encumbrances and the Property Type on the Title Deed: Is the main property recorded in the land register as “land” or “building”? Is a floor easement or condominium ownership established? Check whether there is any attachment, mortgage or interim injunction annotation on it.
- Municipal Zoning and Permit Check: Ask the Zoning Directorate of the relevant municipality about the validity period of the building permit (a permit not completed within 5 years becomes void), the building inspection progress-payment level and the occupancy permit application.
- On-Site Physical Inspection: See in person, on site, whether the flat shown on the title deed or in the architectural project has actually been built, and the level of the load-bearing system and shell construction.
- Review the Enforcement Sale Specifications and the Expert Report: At enforcement auctions, carefully assess the construction completion rate in the expert report and any special warnings such as “physical delivery cannot be made”.
- Obtain Advice from a Property Lawyer: Having a legal risk analysis carried out at the contract stage and during title deed transfers protects you from irreparable financial and legal losses.
Frequently Asked Questions (FAQ)
Should you buy a flat with a floor easement, and what are the risks?
A home with a floor easement can be bought; however, there are risks that the construction will not be completed, of occupancy permit fees and penalties, of being unable to obtain an occupancy permit due to deviations from the project, or of paying high electricity/water bills on the construction-site tariff. Before buying, the construction stage and the municipal permit records must be checked.
How does a person who buys an unfinished flat with a floor easement at an enforcement sale take delivery of it?
The enforcement office transfers only the land share and easement right recorded on the title deed; it has no obligation to complete or deliver a building that does not physically exist or is unfinished. To complete the construction, the buyer may have to pursue legal remedies against the contractor together with the other co-owners or cover the remaining construction costs.
How is the transition from floor easement to condominium ownership made?
Once construction is completed in accordance with the approved architectural project, a Building Use Permit (occupancy permit, iskan) is obtained from the municipality. Under Law No. 7327, when the municipality transmits the occupancy permit electronically to the Land Registry Directorate, the floor easement is converted ex officio into condominium ownership.
What can floor easement holders do if the contractor abandons the construction half-finished?
Under TBK Art. 113, floor easement holders may obtain court authorisation to complete the construction on behalf and at the expense of the contractor, terminate the contract and claim compensation, or, if the contractor acted with fraudulent intent, file a criminal complaint with the public prosecutor.
Does residence on the title deed mean there is an occupancy permit?
No. Floor easement title deeds may also state residence, dwelling or shop according to the allocation in the architectural project. The only proof that an occupancy permit exists is the Building Use Permit issued by the municipality and the registration of the property type as Condominium Ownership on the title deed.
Conclusion and Legal Assessment
The case of the “flat not built on the ground” sold by enforcement in Tosmur, Alanya, proves that acting in property investments solely on the strength of the wording on the title deed can lead to serious harm. The fact that a floor easement has been established on the title deed does not guarantee that the property actually exists or is a turnkey home.
To avoid losing rights in property purchase and sale processes, in flat-for-land construction contracts and at enforcement auctions, it is advisable to seek professional legal advice from a lawyer throughout the process.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.