العربية
1-Vertical Attachments in Turkey:
- Vertical attachments refer to annotations on the property title deed (“tapu”) indicating land not yet built upon or where construction has started but not completed.
- This record specifies the shares of the property and each owner’s stake. Turkish construction companies showcase project advantages through this record.
2- Difference Between Vertical Attachments and Horizontal Property:
- The title deed indicates vertical attachments when the building is under construction and horizontal property when construction is completed.
- Property described as a vertical attachment is legally riskier than property denoted as horizontal property. Municipalities can issue demolition orders for vertically attached structures violating urban planning conditions.
3- How to Establish Vertical Attachments on the Title Deed:
- Owners or shareholders submit a request to the Directorate, expressing their intention to establish vertical attachments.
- Required documents include an architect-prepared project plan, signed by the landowner, verified by the municipality, outlining individual shares in the property, and details of common facilities.
4- Terminating Vertical Attachment in Real Estate:
- Landowners or shareholders submit a written statement to the Tapu Directorate to terminate the vertical attachment.
- Vertical attachments end automatically if the land is entirely lost due to a natural disaster.
- Termination occurs if construction becomes impossible due to soil collapse, inclusion in a new urban plan, or state expropriation.
- A judge can issue an order to terminate the agreement if construction is not completed according to the submitted plan after five years, with the possibility of extension upon request.
The concept of vertical attachments in the Turkish real estate market involves indicating the status of land and construction projects on the title deed, providing transparency and legal clarity for property owners and stakeholders.
