Condominium servitude is the process of registering independent sections that are still under construction on a land or that have been completed but not converted into condominium in the title deed. The floor easement proves the existence of the flat or workplace, but does not give full ownership rights. In this case, the owner of the flat or business must complete the legal processes to convert the title deed to condominium.

What is Floor Ease?

Condominium servitude is the process of registering independent sections that are still under construction on a land or that have been completed but not converted into floor ownership. With this registration, the existence of the independent section is proven. The floor easement proves the existence of the flat or the workplace, but does not give full ownership rights.

How to Create Floor Easement?

Floor servitude is carried out by the construction company and is initiated in order to purchase a land, build independent sections on it and register them in the land registry. At a certain stage of the construction, the construction company applies to the land registry office and submits the necessary documents for the establishment of construction servitude to the land registry.

Which documents are needed when creating a floor servitude?

While creating the floor servitude, the documents to be submitted to the land registry office include the land sales promise contract, construction license, architectural project, static project, ground survey report and the original of the land deed.

What is the Difference Between Flat Easement and Condominium Ownership?

The main difference between condominium servitude and condominium is whether the property right is fully acquired. The floor easement proves the existence of the independent section, but does not give full ownership rights. Condominium ownership, on the other hand, gives full ownership right on the independent section and this right is registered in the title deed.

How is the servitude converted into a condominium?

The floor servitude can be converted into a condominium after the construction is completed and the occupancy certificate is received. For this conversion, the construction company or the owner of the flat must apply to the land registry office and state that he wants to convert the construction servitude deed into condominium ownership and submit the necessary documents.

How to Prepare a Floor Easement Agreement?

The construction servitude agreement is drawn up between the construction company and the buyer, and the characteristics of the independent section to be purchased by the buyer, the sale price, payment terms and the rights and obligations of the parties are specified in the contract.

How long is the floor easement?

The duration of the floor servitude continues until the completion of the construction and the receipt of the occupancy certificate. With the receipt of the settlement certificate, the floor servitude can be converted into floor ownership.

How to Cancel Floor Easement?

The floor servitude can be canceled by applying to the land registry office and submitting the necessary documents. However, this is usually done because the construction could not be completed or because of a legal obstacle.

What are the Advantages and Disadvantages of Floor Easement?

The biggest advantage of the floor servitude is that it offers people who want to buy an apartment or a workplace from an unfinished project, to prove the existence of an independent section and to register this apartment or workplace in the title deed. However, the biggest disadvantage of the floor easement is that the property right cannot be fully obtained and therefore there are some restrictions.

Frequently Asked Questions

What kind of security does the Floor Easement provide and what rights does it give?

The floor easement proves the existence of the independent section and gives the owner of the flat or workplace the right to use this independent section and register it in the land registry. However, the floor easement does not give full ownership rights. For this reason, it is necessary to convert the floor easement into a condominium that gives full ownership rights.

What kind of process is followed in the changes to be made on the building where the Floor Easement is established?

Changes to be made on the building where the floor servitude is established can be made with the decision of the building management and the approval of the land registry office.

In the event of the expiration of the Floor Easement, how is the distribution made among the right holders?

In the event that the construction servitude expires, a division is made between the right holders at the rates specified in the construction servitude agreement.

What are the taxes and costs that need to be taken into account when creating a floor easement?

When creating the floor servitude, certain taxes and expenses such as title deed fee and revolving fund fee must be paid.

How to re-extend when floor easement expires?

The validity period of the floor servitude continues until the completion of the construction and the receipt of the occupancy certificate. With the receipt of the settlement certificate, the construction servitude can be converted into a condominium. Re-extension is usually required if construction cannot be completed.

Can you explain more about how the Floor Easement affects the property right?

The floor easement proves the existence of the independent section and gives the owner of the flat or workplace the right to use this independent section and register it in the land registry. However, the floor easement does not give full ownership rights.

What happens if the Floor Easement is terminated or cancelled?

In case the floor servitude is terminated or canceled, the owner of the flat or workplace waives the rights of the independent section registered in the title deed. In this case, the owner of the flat or workplace completely loses his rights on the independent section.

How does the transfer or transfer of Floor Easement take place?

The floor servitude can be transferred by applying to the land registry office and submitting the necessary documents. However, for this transaction, the approval of both the flat or workplace owner and the transferee must be obtained.