In real estate development projects, the foreign investor or partner wants to understand the legal ground of the project. That ground is built on zoning status, ownership records and development rights. In this field, where the concepts work differently in every country, looking for a one-to-one equivalent is the riskiest choice.
The zoning status certificate
The certificate (imar durumu belgesi) shows the conditions under which a building may be built on the parcel and draws the limit of the development. The development conditions are given as numerical values. The values are carried over exactly.
Development ratios
The building coverage ratio and the total floor area ratio determine the size of the project and are shown by abbreviations. Abbreviations are expanded on first mention. Ratios are not rounded.
Plan notes
Plan notes are texts that supplement the zoning status and most often restrict it. Their being short does not mean they are unimportant. They are translated without abridgement.
Parcel and block details
The immovable property is identified by its block and parcel number, and this information does not change. The numbers are carried over exactly. The format is preserved.
Land registry records
The land registry record (tapu kaydı) shows the ownership status and any encumbrances. Encumbrance entries restrict rights and are not skipped. The terms are rendered with care.
Annotations and declarations
The annotations in the land registry show the rights and restrictions over the immovable property. Each annotation has a separate legal consequence. All of them are carried over in full.
Construction servitude
This right (kat irtifakı), established before the building is completed, governs co-ownership in shares over the independent units. It differs from condominium ownership (kat mülkiyeti) and is not confused with it. The distinction is preserved in translation.
Condominium ownership
It is established after the building is completed and gives full ownership of the independent units. An occupancy permit is needed for the transition. The terms are kept apart.
Independent unit numbers
Each independent unit is registered at the land registry under a number, and this number must match the number in the design. The match is checked. Any mismatch is reported.
The management plan
How the common areas are to be used is governed by the management plan, which binds all the owners. The plan has the nature of a contract. The article structure is preserved.
Feasibility reports
The economic case for the project is built in the feasibility report, which contains an assumptions section. The assumptions determine the result and are not skipped. Tables are carried over with their structure.
Valuation reports
The value of the immovable property is calculated by a specific method, and the method is written in the report. Method names are translated consistently. Amounts stay in their own fields.
Pre-sale contracts
Sales made before the building is completed are subject to special provisions and include rules that protect the buyer. These provisions are translated with care. Sentences that narrow the scope are preserved.
The occupancy permit
The document showing that the building is fit for use (yapı kullanma izni) is the key point of the process. The document number and date are carried over. Its absence changes the status of the project.
Definitions of common areas
Which areas are common is defined in the design and in the management plan. The definitions give rise to rights and obligations. They are carried over in full.
Correspondence with public bodies
In permit processes there is correspondence with the authorities, and this chain is in the file. Organisation names are given with their official equivalents. Letter numbers are preserved.
Restrictions on sale to foreigners
For some immovable properties there may be restrictions on foreign buyers, and this is visible in the documents. The wording is carried over as it is. No legal assessment is made.
The costliest mistake in this sector
Translating construction servitude and condominium ownership with the same equivalent gives the foreign investor the impression that the building has been completed. The difference between the two concepts affects the investment decision directly. The distinction between the terms is fixed in the list.