What Is a Superficies Title (Üst Hakkı)

Before You Buy: The Choice That Could Cost You Thousands

When exploring real estate investment opportunities in Turkey, foreign investors are often introduced to two different types of property titles: Full Ownership (Freehold) and the Right of Superficies (Üst Hakkı). While the former is straightforward and widely known, the latter is often misunderstood—sometimes even by local buyers.

This article aims to provide a clear legal breakdown of both concepts, highlight the structural differences, and guide investors through the advantages, limitations, and risks involved. Whether you are purchasing residential property, developing a hotel, or leasing public land for commercial purposes, understanding the legal nature of the title is essential.

Legal Definition of Full Ownership in Turkish Law

Full Ownership (Tam Mülkiyet) is defined under Article 683 of the Turkish Civil Code, which states:

“The owner of a property is entitled to use it, benefit from it, and dispose of it freely, within the limits of the law and rights of others.”

In practice, this means:

• The owner owns both the land and any structures built on it

• Ownership is perpetual and unrestricted, unless voluntarily transferred or restricted by law

• Owners have the right to sell, rent, mortgage, transfer, or inherit the property without external approvals

• Ownership is recorded with the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü) in an official document known as a “Tapu Senedi”

There are different stages or types of full ownership titles depending on the construction status of a property:

• Kat Mülkiyeti (Condominium Ownership) – Granted when a construction is fully completed and legally approved

• Kat İrtifakı (Construction Easement) – Granted when construction is planned or partially completed

• Arsa Tapusu (Land Title) – Indicates ownership of land only

These distinctions are crucial in evaluating the actual legal status of a property being offered.

What Is the Right of Superficies (Üst Hakkı)?

The Right of Superficies, regulated under Articles 826–836 of the Turkish Civil Code, is a type of real right that allows an individual or entity to build or own a structure on someone else’s land.

Key Characteristics:

• The right is independent and transferable

• The holder may construct, maintain, and operate a building

• Typically granted for a fixed period (30–99 years)

• At the end of the period, the right either expires or reverts depending on contractual terms

• The right is registered in the land registry and appears in the title records

In essence, the holder has rights similar to ownership over the structure, but does not own the land.

This arrangement is particularly common in:

• Government-leased projects

• Municipal or Treasury-owned land

• Large-scale commercial developments

The Legal Nature of Superficies: Real Right or Limited Ownership?

Although often marketed as a form of “ownership,” Üst Hakkı is not the same as Tam Mülkiyet. Instead, it is a limited real right in rem, akin to usufruct or leasehold in other jurisdictions.

According to Turkish jurisprudence and doctrine:

• It grants the right to use land for a specific purpose and duration

• It does not include absolute dominion over the land parcel

• The right can be mortgaged, leased, or transferred, but remains dependent on the terms of the original grant

This distinction is particularly important in assessing the true value and legal certainty of an investment.

Superficies in Practice: Where and Why It's Used

Common Scenarios:

1. Tourism Projects
   Resorts built on coastal or protected lands owned by the government often rely on superficies rights. The land remains public, but developers operate the hotel under a long-term usage right.

2. Energy Projects
   Solar and wind farms frequently use superficies rights to secure land access without outright purchase—especially in rural or strategic areas.

3. Logistics and Industry
   Industrial zones in major cities may lease land to investors via superficies for factories and depots.

4. Public-Private Partnerships (PPP)
   The government partners with private firms to build and operate facilities like marinas, hospitals, and cultural centers under long-term rights.

Comparative Analysis: Full Ownership vs. Superficies

Feature	Full Ownership	Superficies (Üst Hakkı)
Land Ownership	✔️ Yes	❌ No
Building Ownership	✔️ Yes	✔️ Yes
Duration	Unlimited / Perpetual	Limited (typically 30–99 years)
Transferable	✔️ Yes	✔️ Yes (subject to contract and law)
Inheritable	✔️ Yes	✔️ Yes (unless contractually restricted)
Subject to Expiration	❌ No	✔️ Yes
Needs Renewal?	❌ No	✔️ Yes (upon expiration)
Common Use	Residential, long-term investment	Commercial, renewable energy, public projects
Financing Options	Wide range of options available	Limited (varies by lender and project)
Legal Complexity	Low (standard property law)	Moderate to High (needs specialized review)

Investment Perspective: Which One Is Better?

Full Ownership is Ideal When:

• You seek long-term stability

• You plan to reside or retire in the property

• You aim to sell at market value

• You want full control over land and improvements

Superficies May Be Advantageous If:

• You're a developer seeking public land access

• You want to minimize upfront costs (no land purchase)

• Your investment has a defined project lifespan

• You’re operating in regulated zones (tourism, energy)

Red Flags: High-Priced Superficies in Disguise

An increasingly common issue is developers marketing superficies-based properties at full ownership prices, especially in luxury residential or branded commercial projects.

Why It Happens:

• The location is prime (seafront, city center, forests)

• Branding and amenities distract from title scrutiny

• Buyers don’t check the type of title

• Brokers avoid explaining the legal limitations

💡 Tip: Always demand the official Tapu and confirm whether it is marked as “Kat Mülkiyeti” (Full Ownership) or “Üst Hakkı” (Superficies).

Even if the property is modern, well-designed, and high-end, its long-term investment value may be significantly affected by its non-ownership status.

Legal and Financial Risks of Superficies

1. Limited Term
   When the duration ends, you may lose all rights unless renewed.

2. Dependency on Landowner
   Any changes, transfers, or subleases may require consent.

3. Financing Limitations
   Banks may be reluctant to provide long-term mortgages.

4. Resale Challenges
   Buyers often hesitate when there is no land ownership.

5. Ambiguities in Inheritance
   Legal heirs may face difficulties in asserting rights after expiry.

Key Legal Documents and Due Diligence

Before signing a purchase or lease contract based on a superficies right, request and review:

• ✅ The original superficies agreement (contract)

• ✅ The land registry entry (Tapu Kayıtları)

• ✅ The expiration date and renewal terms

• ✅ Zoning and development permissions (İmar Planı)

• ✅ Any attached obligations or easements

A legal professional should interpret these in light of your goals.

Real Case Study: Industrial Superficies in Izmir

In 2022, a German logistics company entered a 49-year superficies agreement with the municipality of Izmir. They built a temperature-controlled storage facility worth over €12 million.

Benefits:

• Prime location without buying land

• Long-term operating rights

• Legal protection under registered right

Drawbacks:

• Limited resale market

• Future uncertainty after year 49

• Required annual payment to landowner

Frequently Asked Questions (FAQs)

• Can I get Turkish citizenship through a property with a Superficies Title?

  ✅ Yes, but only under strict conditions. If the superficies title is:

  • Independent (not shared or tied to another structure),

  • Permanent (not temporary - meaning more for 30+ years), and

  • Registered under a condominium title (Kat Mülkiyeti)

  then it may be eligible for Turkish citizenship by investment, provided the investment amount (USD 400,000+) and all other requirements are met.

  🔍 Important: Not all superficies rights qualify. The property must have its own condominium registration and meet the permanence and independence criteria. Always consult a legal professional before proceeding.

• Can the landowner revoke my right?

  Not during the agreed term, unless you breach the contract.

• Can I sell the building before the term ends?

  Yes, but the new buyer takes over your rights—subject to the same term.

• Will I get compensation for the building after expiry?

  Only if stated in the contract; otherwise, the structure may revert to the landowner without payment.

Conclusion: Know Your Ground

In the dynamic landscape of Turkish real estate, not all titles are created equal. While the Right of Superficies offers flexibility and access to strategic land, it comes with legal and financial limitations that must be carefully evaluated.

🛡️ Your investment should be built on solid legal ground—not on assumptions.

Contact Us for Legal Review or Investment Consultation

At Ensari Yigitcan Cakmak Law Office, we offer:

• Real estate title and tapu verification

• Superficies contract review and drafting

• Investor risk assessments

• Representation for foreign clients

📍 Office: Istanbul, Turkey
📞 Phone & WhatsApp: +90 533 194 52 14
📧 Email: hello@ensariyigitcancakmak.av.tr
🌐 Website: www.ensariyigitcancakmak.av.tr
🔗 Telegram Channel: @investinturkiye
🔗 WhatsApp Channel: Follow Here

Let’s protect your property. Let’s secure your future.