Official Gazette 28.11.2007 No: 26714
LAW CONCERNING AMENDMENTS MADE TO THE ACT OF INDEPENDENT OWNERSHIP
WHAT IS INDEPENDENT OWNERSHIP :
The freehold ownership by one or more persons of a certain portion of a building is referred to as independent ownership.
In other words, the independent freehold right of ownership put in place by an owner or joint owners of a piece of real estate for units of a building on the said real estate (for which independent freehold ownership formalities have been completed) such as floors, apartments, offices, shops, stores, cellars and depots, which are suitable for separate and independent use.
CLAUSE 5 – Clause 12 of Act No. 634 has been amended as follows.
CLAUSE 12 – For independent freehold ownership formalities to be put in place, the owner or all joint owners of a piece of real estate must submit a request, together with the following documents, to the relevant Land Registry on the subject of converting the main real estate to independent freehold ownership:
a) The architectural project prepared by the project architect, signed by the owner or all joint owners of the main real estate and certified by the authorised public institutions and establishments clearly showing the measurements of the exterior façades and interior divisions of the independent units of the building or buildings, and the measurements of the additions and communal areas on the main real estate; the plot shares in proportion to the values calculated in accordance with the position and size of the independent units; and the areas of construction of the independent units; and if there is more than one building, the layout showing the position of the buildings; and the Habitation Licences.
b) A management plan prepared in accordance with the way in which the independent units are to be used, and in the event there is more than one building, in accordance with the principles stipulated in Clause 28 according to the particulars of the said buildings; and signed by the owner or owners by whom the formalities for independent freehold ownership are being carried out.
c) A Notary certified list showing each independent unit’s plot share, its type (such as floor, apartment, office etc.) its number in numerical order beginning from one, and its additions, if any; signed by the owner or owners of the main real estate.”
CLAUSE 7 – The first paragraph of Clause 14 of Act 634 has been amended and the following paragraph has been added to the Clause as follows.
“For the establishment and registration of easement on a plot of land on which no building has yet been built or on which a building has not yet been completed, the owner or all the joint owners of the said plot of land are required to submit the necessary request for these formalities to the relevant Land Registry together with the project and plan prepared in accordance with paragraph (a), the management plan as stipulated in paragraph (b) and the list as stipulated in paragraph (c) of Clause 12. When converting to independent freehold ownership, a separate management plan is not required.”
“For main real estate where easement has been put in place and on which buildings have been completed, it is compulsory to convert to independent freehold ownership within one year as from the date on which the Habitation Licences have been issued. Any owner entitled to a share of the plot by way of easement who avoids the provision of any remaining documentation that must be submitted to the Land Registry for the establishment of independent freehold ownership as stipulated in Clause 12 or who avoids signing any of the documents that must be signed within the given period of time in spite of a written warning issued by one of the owners entitled to a share of the plot or by the manager (if applicable), will be fined by the Municipality (if the main real estate lies within municipal boundaries) or by the Administrative Authority (if the main real estate lies outside municipal boundaries) to the sum of ONE THOUSAND TURKISH LIRA, for the each independent unit he/she owns.”
CLAUSE 13 – The second paragraph of Clause 26 of Act No. 634 has been amended as follows.
“In spite of an official letter of warning having been sent through the Public Notary, in the event any owner entitled to a share of the plot fails to pay the debts for which he/she is responsible within two months as from the date of the official letter of warning, at the written request of the other owners entitled to plot shares the judge enters a judgment for the transfer of that person’s share of the plot and easement (against the value thereof on the date nearest to the judgement) to the other joint owners in proportion to their plot shares.”
FOR THE ATTENTION OF APARTMENT RESIDENTS,
MANAGERS AND MANAGEMENTS
SUMMARY: FOR THE MAJORITY OF BUILDINGS PRIOR TO 28.11.2007, EASEMENT HAS BEEN PUT IN PLACE AND HABITATION LICENCES HAVE BEEN OBTAINED BUT INDEPENDENT FREEHOLD OWNERSHIP HAS NOT BEEN ESTABLISHED.
BY WAY OF THE LAW THAT CAME INTO FORCE ON 28.11.2007, IT IS COMPULSORY FOR ALL BUILDINGS (INCLUDING THOSE CONSTRUCTED PRIOR TO THIS DATE) TO BE CONVERTED TO INDEPENDENT OWNERSHIP WITHIN TWO YEARS AT THE LATEST AS FROM THE DATE ON WHICH THE LAW WAS PUT INTO FORCE (28.11.2009)
THE FINE FOR EACH INDEPENDENT UNIT IS 1,000 TL
THIS PROCEDURE IS CARRIED OUT FOR THE ENTIRE BUILDING (APARTMENT BLOCK) AS A WHOLE, NOT PER INDIVIDUAL APARTMENT.
EVEN WHEN ALL INDEPENDENT OWNERS HAVE COMPLETED ALL THEIR DOCUMENTATION, THE PROCEDURE TAKES A LONG TIME.
DO NOT WAIT UNTIL THE LAST DAYS; EVEN IF THE DOCUMENTATION FOR ONE PERSON IN AN APARTMENT BLOCK IS NOT COMPLETE, THE PROCEDURE FOR THE APARTMENT BUILDING CANNOT BE COMPLETED.
WE ARE BY YOUR SIDE TO PROVIDE YOU WITH INFORMATION AND TO ASSIST YOU ON THIS SUBJECT IN THE BEST POSSIBLE WAY.
WE UNDERTAKE TO COLLECT THE NECESSARY INFORMATION AND DOCUMENTATION AND ESTABLISH YOUR INDEPENDENT FREEHOLD OWNERSHIP WITHOUT ANY TROUBLE TO YOU.