Unauthorised Construction and Registration Through Compulsory Transfer

Real Estate and Property

Prepared by: Constantinople

Building on someone else's land does not automatically make the builder its owner. Claims for removal, compensation or, under certain conditions, transfer of ownership are assessed separately.

The Relationship Between Land and Buildings

As a rule, a building is an integral part of the land on which it stands. The landowner's consent, ownership of the materials, damage removal would cause and the parties' good faith matter. Any special arrangement, such as a building right or condominium ownership, is examined first. Actual construction and registered rights do not arise simultaneously and automatically.

Requirements for Registration Through Compulsory Transfer

Article 724 TMK provides an opportunity for the party acting in good faith to seek transfer of ownership for appropriate compensation where the building's value clearly exceeds the land's value. This is not an unlimited right available to every builder. Land and building values, good faith, appropriate compensation and the ability to separate a sufficient portion are examined specifically. Encroaching construction involves separate requirements under Article 725.

Technical Examination and Choice of Claim

The building's location, parcel boundary, construction date and permit file are compared with technical records. Compliance with planning legislation does not resolve the ownership dispute; availability of an ownership claim does not automatically legalise an unpermitted building. Claims for removal, compensation and registration must be related to each other appropriately for the case.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Land register and cadastral plan
• Records showing the building's date and location
• Consent or agreement documents
• Permit and project file
• Data on building and land values

Why Do the Particular Circumstances Matter?

For example, in construction based on a mistaken understanding of the parcel boundary, the technical location of the boundary and the circumstances of the builder's knowledge are investigated separately. A high construction cost alone does not establish every requirement for registration through compulsory transfer.