Mesrutiyet Avenue, Ersoy Business Center, No: 102/11-12 Floor: 5 Beyoglu 34420 ISTANBUL / TURKEY


Temmuz 1, 2009by admin

In the Official gazette numbered 27281 dating 7 july 2009 Tuesday THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHİP LAW has been published.

By being published in the official gazette dated 7 july 2009 Tuesday THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHİP LAW which was accepted at 23/6/2009 has come into effect. With this act numbered 5912 the alterations made to the act of property law are like this.

From now on construction servitude is a type of servitude which is attached to land share. Based on the construction usage licence which is drawn up for the complete construction, according to the conditions of this act it is turned into a condominium on its own accord (ex officio). This procedure may also be done by the request of the land lord or also by any one of the partners of the condominium.

Also on the main immovable, the exterior and the independent interior divisions of the structure or structures, accessories, the land share which is calculated accordingly to the ratio of the joint places measurements and the independent sections location and size, storey, flat, employment departments and places which are similar to it, with these starting from one and continuing in order, by openly showing the number and the independent sections area of structure construction , the licence for the architectural project and usage of the structure made by the designer of the main immovable and signed by the owner or all of the shareholders, also approved by the authority or authorities will be prepared. The matter which was arranged on the acts 12th article subparagraph (a) has been altered in this way and thereby the subparagraph (c) has been taken out of force.

Another alteration made to the act is made by saying this this, in order to establish a construction servitude and register it to the land registry when the structure has not been constructed yet or if the construction is still undergoing the land owner or all of the shareholders must give their request in this way and also with this they must give the real estate registry office a project made accordingly to the 12th articles subparagraph (a) and a administrative plan which is arranged accordingly to the same articles subparagraph (b). When transferring to a condominium an additional administrative plan is not needed. With this alteration stated in THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHİP LAW’s third article, the 14. Article’s first and third paragraph of the act of PROPERTY OWNERSHİP LAW has been changed and the fourth paragraph has been removed. Also another alteration is on the matter of turning a construction servitude into a condominium after the structure is completed. From now on based on the official authenticated contract of the construction servitudes registry and the documents written in the 12. Article, after the authoritive administrations approval to benefit from the structure, after being sent to the related real estate registration office within 60 days it is done on its own accord (ex officio).

The alterations made on the temporary articles of the PROPERTY OWNERSHİP LAW are in this way:

For the structures, which have construction servitudes established and the structures which were completed and have got a structure usage approval documents before the act came into force, with one of the owners who is a partner of the construction servitude or if the authoritive administration sends the structure usage approval document to the real estate registration office without needing any type of document including the compulsory earthquake insurance policy it is turned into a condominium on its own accord (ex officio).

Also with the ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHİP LAW another temporary article has been added. According to this article in order for the management plans made for mass structures which was made before the act came into force, to be adapted to this acts terms for the first alteration the existing flat owners commissions simple majority is sufficient. The existing mass structure managements continue doing their tasks until the new managers are chosen according to the changed management plan. The election of the mass structure manager must be made at the latest of 3 months following the change of the management plan.