Law No: 634
Date of acceptance: 23 June 1965
With the Official Gazette and the Announcement: July 2, 1965 – Issue: 12038
5.T. Düstur, C.4 – S.2932
First chapter
General provisions
A) Floor ownership and floor easement:
I – General Assembly:
ARTICLE 1 – Independent property rights may be established by the provisions of this law, according to the provisions of this law by the owners or common owners of that real estate.
On the sections of a structure to be carried out in the future or in the first paragraph, easement rights may be established according to the provisions of this Law by the provisions of this Law, the land owner or the common owners of the land, based on the condominium to be passed after the completion of the structure.
II – Recipes:
Article 2 – According to this Law:
a) To the whole of the real estate subject to the ownership of the condominium (Anagayrimenkul); Only the main building part (continuous); It is convenient to be the head of the anagayrimenkul separately and to the head of the law, and to the sections subject to independent ownership in accordance with the provisions of this law (independent section); to places that are outside an independent section and are directly allocated to that section (add -on); the right to property (condominium) established on the independent sections and those who have this right (floor owner);
b) To the places that mold, protection and joint use or benefit from the independent sections of the anagayrimenkul (common places); the right to benefit (the right to exercise) on these places where floor owners are stakeholders in their capacity as a common owner;
c) (Amended: 2814 – 13.4.1983) For the independent parts of one or more structures that are being subject to the ownership of the condominium on a plot in the future, the right to the easement (floor easement) established by the owners or common owners of the land in accordance with the provisions of this Law (Floor Easement) ; For those who have this right (Floor Easement);
d) To the joint ownership shares of the land (land share) allocated to independent sections according to the basis of this law;
e) In the official year (contract) of the establishment of condominium or easement;
is called.
III – The quality of the condominium and floor easement:
ARTICLE 3 – Floor ownership, land share and a special property connected to the common places in the anagayrimenkul.
(Amended 2nd paragraph: 2814 – 13.4.1983) Floor ownership, if the floor easement is established to each of the independent parts of the constitution subject to this ownership, in the event of a direct condominium, the value of the land allocated with the value of this date to the common property principles is established by showing clearly. In cases where the land shares are not allocated in proportion to the values of the independent sections, each floor owner or floor easement may apply to the court to reorganize the land shares. The land share allocated to each of the independent sections in accordance with this paragraph cannot be changed due to the subsequent proliferation or decrease in the value of those sections. The provision of Article 44 is reserved. (Amended 2nd paragraph: 5711 – 14.11.2007 / m.1) Floor Ownership and Floor Easement, the values calculated according to the location and size of each of the anagayrimenkul, which is the subject of this ownership, and the land share of the land allocated in the project in proportion to the common property principles is established by showing. In cases where the land shares are not allocated in proportion to the share of the independent departments, each floor owner or floor easement may apply to the court to reorganize the land shares. The land share allocated to each of the independent sections in accordance with this paragraph cannot be changed due to the subsequent proliferation or decrease in the value of those sections. The provision of Article 44 is reserved.
The floor easement is a type of easement depending on the land share, and after the completion of the building, the owner of the land or the joint owners with the floor easement or one of them to the title deed administration will be converted into condominium in accordance with the conditions shown in this law. (Amended 3rd paragraph: 5711 – 14.11.2007 / m.1) Floor easement is an easement type depending on the land share, and after the building permit is obtained, the owner of the land or the owner of the floor or one of them will be made to the title deed administration. In accordance with the conditions specified in the law, it is converted into condominium. (Amended third paragraph: 5912 – 23.6.2009 / m.1) Floor Easement is a type of easement depending on the land share, and it is translated into the condominium in accordance with the conditions specified in this law based on the building permit to be issued for the whole structure. This can be performed even with the request of the land owner or one of the joint owners with floor easement.
IV – Common Places:
ARTICLE 4 – The subject of the common places may be indicated by the contract. In accordance with this law, the places and things written below are considered a common place in any case.
a) Foundations and main walls, (Additional phrase: 5711 – 14.11.2007 / m.2) , general entrance doors, entrances, stairs, elevators, shelters, corridors and general toilets and lavabos, doorman apartments or rooms, general laundry and laundry drying places, general coal and common garages, electricity, water and gas watches for the protection of the independent section Nests and closed parts, heating apartments, wells and cisterns, general water tanks of the structure, shelters,
b) Common networks and antennas for sewage facilities and garbage channels other than each floor owner’s own department, and heating, water, gas and electrical plants, telephone, radio and television; Hot and cold air facilities,
c) Roofs, chimneys, general roof terraces, rain grooves, fire safety stairs,
Apart from the above mentioned, it also falls on the issue of other places and things that are essential for use, protection or benefit.
B) Links:
I – Connection between independent sections and land share:
ARTICLE 5 – In the case of the transfer of the condominium to someone else by transfer or inheritance, the land share of the land is also mentioned together; The land share cannot be transferred separately from the condominium and the floor easement, as well as the inheritance way and cannot be registered with another right.
In the anagayrimenkul, a land share that is not attached to the condominium or has not been easered in favor cannot be left.
Rights registered with the condominium registers the share of the land spontaneously.
Easements that are not able to compromise this right cannot be established on the land subject to the floor easement.
Before the establishment of the condominium in the anagayrimenkul, the rights registered or annotated on the page of that real estate in the log shall also register the condominium in the proportion of land share in the rate of land.
II – Connection between independent sections and add -ons and common places:
ARTICLE 6 – Apart from an independent section and directly that partethishened coal, water warehouse, garage, electric, gas or susceptibility slots, toilets, such as toilets, the independent part of the independent section to which it belongs to the owner of the department, the plug -ins are the only convex. The add -ons are recorded in the household ownership register (declarations) households.
Easements that are not possible to compromise on the independent section with the ownership of the floor and other floor owners can not be compatible. If the independent sections are transferred to someone else, the plug -ins and the common places are transferred, registered or inhabited.
C) Removal of the partnership (Şüyüun) and first of all:
I – Elimination of Partnership:
ARTICLE 7 – The real estate subject to the condominium or floor easement cannot be requested. Independent sections, such as an independent real estate, can be subject to the subject of cause and follow -up; These may be requested to eliminate the partnership.
II – ÖNCELİKLE SATINALMA HAKKI:
ARTICLE 8 – (Amended Paragraph 1: 2814 – 13.4.1983) One of the independent sections of a real estate owned or other floor owners or easement holders do not have the right to purchase if the share of floor easement is sold.
If one of the stakeholders of an independent department sells their share to someone else, the other stakeholders may first exercise their right to purchase.
Sözleşmede bu maddenin aksine hüküm konulabilir.
D) GENEL HÜKÜMLERİN UYGULANMA ALANI:
ARTICLE 9 – In the case of the registration of the condominium or the floor easement of the floor or in the contract between the coefficient or in the management plan or in cases where there is no provision in this law, the disputes arising from the condominium shall be decided in accordance with the provisions of the civil law and other related laws.
Second part
KAT MÜLKİYETİNİN VE KAT İRTİFAKININ KURULMASI
A) GENEL KURAL:
MADDE 10 – Kat mülkiyeti ve kat irtifakı resmi senetle ve tapu siciline tescil ile doğar.
The ownership of the entire anagayrimenkul cannot be established on one or more parts of that real estate without being translated.
More than one section, which is adjacent to each other on the same floor while establishing the ownership of the condominium, can be registered as a single independent section to the coat ownership register. (Amended 3rd paragraph: 5711 – 14.11.2007 / m.3) When the condominium was established on the same floor, multiple independent sections or a structure in the same coat, which is adjacent to each other on the same floor katı veya bölümü, kat mülkiyeti kütüğüne tek bağımsız bölüm olarak tescil edilebilir. In order to make such a registration, the appropriate change project and the building use permit certificate must be given to the Land Registry Directorate.