Kat mülkiyeti nedir?

Kat mülkiyeti nedir? Kat mülkiyetli daire nasıl olur? Kat mülkiyeti şart mı? işte bu soruların yanıtı…

Kat Mülkiyeti Kanunu’nda ifade edilen şekliyle kat mülkiyeti; tamamlanmış bir yapının kat, daire, iş bürosu, dükkan, mağaza, mahzen, depo gibi bölümlerinden ayrı ayrı ve başlı başına kullanılmaya elverişli olanları üzerinde, o gayrimenkulün maliki veya ortak malikleri tarafından, Kat Mülkiyeti Kanunu’nun hükümlerine göre, bağımsız mülkiyet hakları kurabilmelerini ifade eder.

Yani kat mülkiyeti nedir? sorusunun yanıtını en yalın hali ile açıkladığımızda; bağımsız bölüm üzerindeki mülkiyettir diyebiliriz.

Kat mülkiyeti kurulmasının şartları..

Kat mülkiyeti nedir? dedikten sonra kat mülkiyetinin nasıl kurulduğunu da açıklamak gerekir.  Kat Mülkiyeti’nin kurulabilmesi için bina inşaatının tamamlanmış ve iskan belgesinin alınmış olması şart. Bitmiş ve iskan belgesi alınmış bir binanın kat mülkiyetinin kurulması için; taşınmaz mal eğer bir kişinin ise onun ya da birden çok şahsın müşterek malı ise bütün paydaşların imzaladığı dilekçe ile tapuya müracaatı gerçekleştirilir.

Kat mülkiyeti ile kat irtifakı arasındaki fark ne?

Kat İrtifakı ise Kat Mülkiyeti Kanunu’na göre bir irtifak çeşidi olup,Kat Mülkiyeti Kanunundaki hükümlere uyularak müşterek hisselerine,inşaat yapma ve kat mülkiyeti tesisi borcu bağlanması anlamına geliyor.

Kat irtifaklı tapudan kat mülkiyetli tapuya nasıl geçirilir?

Bağımsız bölüm denilen konutun veya işyerinin üzerindeki bağımsız mülkiyet hakkınızı gösteren bir belge olan kat mülkiyetine geçiş için ise herşeyden önce binanın iskan belgesinin alınması gerekiyor. İskan belgesini almak için ise binanın yeterli şartlara uygun olması lazım. Başka bir ifadeyle binanın imar mevzuatına uygunluğu şart.

Kat mülkiyetine geçilmesi emlak vergisini artırır mı?

Kat irtifaklı tapudan kat mülkiyetli tapuya geçildiği takdirde emlak vergisinin ne olacağı da akıllarda soru işaretleri yaratan hususlardan biri. Kat irtifakı tapusu olanlar temelde arsa payını yani müşterek mülkiyet payını malik ediyorlar. Dolayısıyla ödeyecekleri emlak vergisi müşterek mülkiyet payı için oluyor. Oysa kat mülkiyetine geçildiği zaman bir bina için emlak vergisi ödeyecek duruma geçerler ve vergide kat kat artar.

KAT MÜLKİYETİ KANUNU
Kanun Numarası
: 634
Kabul Tarihi
: 23/6/1965
Yayımlandğı R. Gazete
: Tarih : 2/7/1965
Sayı : 12038
Yayımlandığı Düstur
: Tertip : 5
Cilt : 4
Sayfa : 2932
BİRİNCİ BÖLÜM
Genel
Hükümler
A) Kat mülkiyeti ve kat irtifakı:
I

Genel kural:
Madde 1

Tamamlanmış bir yapının kat, daire, iş bürosu, dükkan, mağaza, mahzen, depo gibi bölümlerinden ayrı
ayrı ve başlı başına kullanılmaya elverişli ola
nları üzerinde, o gayrimenkulün maliki veya ortak malikleri tarafından, bu
Kanun hükümlerine göre, bağımsız mülkiyet hakları kurulabilir.
Yapılmakta  veya  ileride  yapılacak  olan  bir  yapının,  birinci  fıkrada  yazılı  nitelikteki  bölümleri  üzerinde
,  yapı
tamamlandıktan sonra geçilecek kat mülkiyetine esas olmak üzere, arsa maliki veya arsanın ortak malikleri tarafından, bu
Kanun hükümlerine göre irtifak hakları kurulabilir.
II

Tarifler:
Madde 2

Bu Kanuna göre :
a)  Kat  mülkiyetine  konu  olan  gayrimenkulün bütününe  (Anagayrimenkul);  yalnız  esas  yapı  kısmına  (Anayapı)
anagayrimenkulün ayrı ayrı ve başlı başına kullanılmaya elverişli olup, bu Kanun hükümlerine göre bağımsız mülkiyete konu
olan bölümlerine (Bağıms
ız bölüm); bir bağımsız bölümün dışında olup, doğrudan doğruya o bölüme tahsis edilmiş olan
yerlere (Eklenti); bağımsız bölümler üzerinde kurulan mülkiyet hakkına (Kat mülkiyeti) ve bu hakka sahip olanlara (Kat
maliki);
b) Anagayrimenkulün bağ
ımsız bölümleri dışında kalıp, korunma ve ortaklaşa kullanma veya faydalanmaya yarıyan
yerlerine (Ortak yerler); kat maliklerinin ortak malik sıfatiyle paydaşı bulundukları bu yerler üzerindeki faydalanma hakları
na
(Kullanma hakkı);
c)
(Değişi
k:  13/4/1983

2814/1  md.)
Bir arsa üzerinde ileride kat mülkiyetine konu olmak üzere yapılacak veya
yapılmakta olan bir veya birden çok yapının bağımsız bölümleri için o arsanın maliki veya ortak malikleri tarafından bu
Kanun hükümlerine göre kurulan irti
fak hakkına (kat irtifakı); bu hakka sahip olanlara da (kat irtifak sahibi);

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