Possession, the Title Allocation Certificate, and Informal Housing

Physically holding a property (possession, zilyetlik) is not the same as owning it. In particular, in the old informal-housing (gecekondu) areas of large cities, you will find structures that have no title deed but have been used for years, usually bought and sold through a 'title allocation certificate' or a 'shared plot.'

Possession

Possession is actual physical control over a thing. For registered real estate, ownership is acquired through registration; use alone does not confer ownership. Although the law does provide, under strict conditions, for acquiring ownership based on possession (extraordinary prescription), this requires a court ruling and is subject to tight requirements.

Title allocation certificate

This is a document issued, under the legislation regulating the informal-housing amnesty, for informal housing built before a certain date. A title allocation certificate is not a title deed; it is a right expected to convert into a deed once the zoning implementation (parcelation) is complete. Transfers made on the basis of this document are usually carried out through the notary or the municipality and offer far less protection than a deed.

Risks

• The structure's entitlement shrinking if the zoning plan places it on a road, green space or other public use.
• The certificate having already been transferred to other people (a double sale).
• Not being able to use a mortgage loan.
• The need to separately document entitlement in an urban transformation process.