Occupancy Permit (İskân) in Turkey: Article 30, Legal Risks and Checks for Foreign Property Buyers

1. Article 30 requires a building-use permit before lawful use of completed construction

Zoning Law No. 3194 Article 30 regulates the use of buildings constructed under a building permit. When the whole building is completed, permission is required for use of the whole building; when only usable parts are completed, permission is required for the completed usable parts. The application is made to the municipality or governorate office that issued the construction permit under the statutory framework.

The provision is part of the zoning-control system. A building permit authorises construction according to the approved project; the occupancy permit addresses the completed structure and whether it can be used. The two documents therefore serve different stages of the building’s legal life.

A foreign buyer should not accept the argument that “the building has a construction permit, so iskân is irrelevant.” The existence of the initial construction licence does not prove that the completed building matches that licence and its approved attachments.

2. The authority checks project compliance and whether use is technically unobjectionable

Article 30 directs the competent authority to verify whether the building complies with the building permit and its attachments and whether there is a technical obstacle to use. The occupancy process therefore connects the approved project to the as-built structure.

Material deviations—additional floors, enclosed common areas, altered independent sections, unapproved extensions or changes affecting safety and use—can prevent a straightforward occupancy approval. The legal consequence depends on the nature of the deviation and current zoning legislation.

A buyer should obtain the official building-use record and, for a significant purchase, have the physical property compared with the approved architectural project by a qualified technical professional.

3. Article 30 contains a 30-day decision rule

The statutory text requires the municipality or governorate to conclude the owner’s occupancy application within thirty days. It further provides that if the authority fails to conclude the application within that period, use permission is deemed to have been granted at the end of the period for the building or completed part covered by the application.

This rule should not be used casually in a purchase. A buyer relying on deemed permission should verify that a proper application was actually filed, when it was filed, what part of the building it covered and whether the factual prerequisites existed. An undocumented statement that “the municipality never replied” is not enough.

Where an express occupancy document exists, obtain a current official copy. Where the legal position depends on Article 30’s deemed-permission mechanism, the application file and municipal record should be reviewed directly.

4. Deemed permission does not eliminate responsibility for unlawful construction

Article 30 expressly preserves responsibility for acts contrary to the law. The thirty-day deemed-permission mechanism therefore does not legalise a building that was constructed in violation of its permit or approved project.

This distinction is critical for due diligence. Even if use is treated as permitted because the administration failed to act in time, municipal enforcement, correction or liability can still arise from unlawful construction.

Foreign buyers should therefore avoid relying on a single occupancy statement without checking the project and municipal compliance history.

5. Occupancy status is central to the kat irtifakı–kat mülkiyeti transition

Condominium Ownership Law No. 634 connects completed construction and the building-use permit with establishment or conversion to condominium ownership. TKGM procedures use the approved project and occupancy information in converting construction-servitude records to full condominium ownership where the statutory requirements are met.

A physically finished apartment can therefore remain under kat irtifakı because the occupancy/conversion process is incomplete. That status is not automatically invalid, but it requires an explanation supported by official records.

For the title-status distinction, see Condominium Ownership vs Construction Servitude in Turkey.

6. The title deed alone may not answer the occupancy question

A title identifies the registered proprietary right, independent unit, land share and encumbrances. It does not necessarily reproduce the full municipal occupancy file. A unit registered under construction servitude is an obvious signal to review completion status, but even a condominium unit should be checked against municipal records where the transaction raises concerns.

The buyer should request the approved architectural project, building permit and occupancy record in addition to the current title. For older buildings, archival records may need to be obtained from the municipality or relevant authority.

The physical address and independent-unit number should match the registered and project documents. Differences should be resolved before transfer.

7. Electricity and water connections do not conclusively prove legal occupancy status

A building can have utility connections under historical, temporary or administrative arrangements. The fact that residents have electricity, water and internet does not by itself prove that an express occupancy permit exists or that the building fully complies with its approved project.

Conversely, current utility procedures can require building-status evidence. A buyer should determine whether the unit has individual subscriptions, whether any temporary/common construction subscription remains and whether there are outstanding debts or infrastructure issues.

Utility functionality is a practical check, not a substitute for official zoning and Land Registry due diligence.

8. Unauthorised project deviations are the main technical risk

The most significant occupancy problems often arise when the as-built structure differs from the approved project. A roof space may have been converted to a flat, common areas enclosed, balconies expanded, or two units combined without the necessary approvals.

Such deviations can affect not only the individual unit but the entire building’s occupancy or condominium process. A buyer should therefore review both the independent apartment and project-level common areas where the risk is material.

Technical review should be performed by an architect or engineer who can compare the current condition with the approved plans. A lawyer can then assess the legal consequences of any discrepancy.

9. Missing or uncertain occupancy status can affect mortgage financing and valuation

Turkish banks conduct property valuation and legal review before accepting residential real estate as collateral. Missing occupancy records, construction-servitude status or project deviations can reduce the valuation or cause the lender to reject the property.

Cash buyers should treat bankability as a resale indicator even when no mortgage is needed today. A future buyer may need financing, and a property that cannot pass a bank’s technical/legal review can have a smaller market.

Foreign investors should therefore ask not only “can I buy it?” but also “can a later buyer finance and resell it without curing this issue?”

10. Occupancy problems can lower resale liquidity and increase dispute risk

A future buyer will repeat the same due diligence. If the current owner cannot produce an occupancy record or explain why the building never converted to condominium ownership, the sale can be delayed or repriced.

Disputes can also arise among owners over who must pay for project corrections, common-area works or the administrative steps needed to obtain final status. Those costs can become substantial in an older non-compliant building.

Foreign buyers seeking investment property should factor these exit costs into the purchase price rather than treating occupancy as a purely administrative detail.

11. Developer promises about iskân should be converted into enforceable obligations

In off-plan or new-build sales, developers frequently undertake to obtain the occupancy permit and complete condominium conversion. The contract should identify that obligation clearly, set a deadline and state what happens if the developer fails.

Final payment can be linked to objective completion events such as delivery of the occupancy document, condominium conversion or removal of specified project-level encumbrances. A general marketing statement that “iskân will be obtained” provides weaker protection.

The buyer should also check whether municipal charges, social-security construction clearance or other project obligations remain outstanding and whether they can delay the occupancy process.

12. Request the full completion file before buying a finished unit

For a finished property, request the current title, approved architectural project, building permit, occupancy permit or the complete Article 30 application record if deemed permission is relied on, condominium/construction-servitude information and relevant municipal compliance records.

For a new development, review the developer’s authority, land ownership, project encumbrances, construction permit and contractual completion obligations. For a resale unit, confirm whether later owner alterations differ from the original approved plan.

Do not accept a photograph of an old document where a current municipal or Land Registry record can be obtained.

13. Make occupancy status an express closing condition where it matters

If the buyer requires an express occupancy permit or full condominium ownership, state that requirement in the purchase contract and condition final payment on documentary evidence. If the buyer knowingly accepts a property without express occupancy status, the contract should accurately disclose the condition and allocate responsibility for the remaining legal steps.

The buyer’s legal and technical advisers should communicate directly. A technical deviation can have a legal effect, and a legal title issue can require technical verification.

For the Land Registry closing process, see Title Deed Transfer in Turkey for Foreigners 2026.

Conclusion

An occupancy permit (iskân) in Turkey is governed principally by Zoning Law No. 3194 Article 30. It addresses whether a completed building or usable part can be lawfully used after review of permit/project compliance and technical suitability. Article 30’s 30-day rule does not legalise unlawful construction. For a foreign buyer, occupancy status should be checked together with the approved project, title, construction-servitude/condominium status, utilities, bankability and municipal records before full payment.