Has your apartment in the new building shrunk or did your share fall below your expectations? This is often rooted in erroneous land shares. We discuss in detail the two main legal avenues for top-floor owners —  land share correction and goodwill/equalization — and critical timing.

Top-floor and duplex owners often encounter the following scenario in urban transformation: my apartment in the new building has shrunk, my neighbor’s has grown, or my allocated share is much lower than my expectations. This is often fundamentally due to incorrectly determined land shares. This article details why a top-floor owner might be at a disadvantage and the two main legal avenues available to them — correction of land share and goodwill/equalization.

Why a Small Share? The Land Share Principle

In urban transformation, the distribution in the new building is, as a rule, made according to the land share ratio in the old title deed 6306 art.6/1. The problem is that in many buildings in our country, land shares are not proportional to the actual value of the apartments; they are often distributed equally among all apartments or solely based on square meters. However, the land share of a spacious or terraced apartment on an upper floor should be higher than that of a small apartment on the ground floor. A top-floor owner with a low determined land share receives less than they are entitled to after the transformation.

First Avenue: Land Share Correction Lawsuit

If land shares have been determined unfairly in a way that does not correspond to the value of the independent sections, the owners can file a lawsuit for the correction of the land share (correction) according to KMK m.3. The vital subtlety of this lawsuit in urban transformation is as follows: the lawsuit must be filed and surveyed only as long as the immovable property maintains its floor easement/condominium ownership status, meaning before the building is demolished. When the building is demolished and the immovable property reverts to shared ownership, this lawsuit loses its function because independent sections can no longer be mentioned; everyone will only have rights equivalent to their former land share.

According to the decision of the 18th Civil Chamber of the Court of Cassation, 2007/9977 E., 2008/2372 K. (3.3.2008) reflected in open sources; a lawsuit for the re-determination of land shares cannot be filed after the main building is demolished because independent sections with floor easement/condominium ownership can no longer be mentioned; these lawsuits can only be filed as long as the main building maintains its floor easement/condominium ownership status.

Another condition in the lawsuit is that the plaintiff must be acting in good faith and have a legitimate legal interest worthy of protection; a request for correction by a person who personally arranged the land shares during the establishment of the floor easement is evaluated from this perspective.

Saying “I’m Actually Using a Larger Area” Is Not Enough

This is the most common point of misconception in practice. Actually using a wider independent section, having used more area for a long time, or paying extra property tax is not sufficient on its own for the land share to be increased. A correction lawsuit is based not on usage habits, but on the disproportion of land shares to value and their unfairness.

In the decision of the 5th Civil Chamber of the Supreme Court, reflected in public sources, numbered 2025/4788 E., 2025/9964 K. (Basis No., Decision No.), it was stated that actual use exceeding the land share does not, by itself, necessitate giving a larger share; rather, the land share in the title deed is taken as the basis for distribution. 

Second Way: Goodwill / Equalization (Unjust Enrichment)

Goodwill (Şerefiye) refers to independent sections within the same building having different values based on factors such as location, floor, view, and size. During urban transformation, while some apartments may gain value by becoming duplexes, the area of others might shrink. In such cases, the owner who gains value may be required to pay a sum (goodwill) to the aggrieved owners in accordance with the provisions of unjust enrichment. 

In the case subject to the decision of the 3rd Civil Chamber of the Supreme Court, reflected in public sources, numbered 2022/5267 E., 2023/1448 K.; after urban transformation, while the area of some independent sections increased, the plaintiffs’ apartments shrank, and an expert examination determined an imbalance in the usable area. The Supreme Court ruled that, in cases of clear value/use imbalance, owners who gained an advantage may be required to pay compensation to the aggrieved owners under the scope of unjust enrichment.

Strategy: What to Do Before Transformation Begins

Have a land share analysis conducted. Is your current land share proportional to the true value of your apartment? If it is disproportionate, a rectification lawsuit may be initiated.

File the lawsuit before the building is demolished. A land share rectification lawsuit should be filed and an expert examination conducted while the floor easement/ownership is protected; this option closes after demolition.

Incorporate the premium (goodwill) analysis into the contract. Before signing the contract with the contractor, a value/premium analysis should be conducted based on the draft project, and a payment balance should be established.

Request a CMB-licensed valuation. The fair market value and distribution should be audited with an independent valuation report.

Do not fall into the ‘I allowed reduction’ trap. Your not having objected to the transformation does not mean you consented to the unfair reduction of your apartment; your right to demand compensation is reserved.

    Frequently Asked Questions

    Why does the penthouse owner receive fewer square meters in urban transformation?

    Because, as a rule, the distribution is made according to the land share ratio in the old title deed (6306 art.6/1). When land shares were disproportionately distributed in the past (equally or solely by square meter), the penthouse owner may receive less share than they are entitled to. The solution is to correct the land share before transformation.

    By when can I file a lawsuit for land share correction?

    This lawsuit should be filed and inspected as long as the immovable property maintains its floor easement/condominium ownership status, i.e., before the building is demolished. After demolition, since the property reverts to shared ownership, the lawsuit loses its function. In this regard, the decision of the Supreme Court 18th Civil Chamber, 2007/9977 E., 2008/2372 K., is cited;

    I am actually using the apartment as a larger unit; does this increase my land share?

    No. The actual use being larger than the land share is not sufficient alone to increase the share; the correction lawsuit is based on disproportionality with value and equity. The Supreme Court 5th Civil Chamber, 2025/4788 E., 2025/9964 K., is in this direction;

    My apartment in the new building became smaller, while my neighbor’s became larger. Can I claim compensation?

    If there is a clear imbalance in value/use, compensation can be claimed from the benefiting owners under the scope of unjust enrichment (goodwill/equalization). The Supreme Court 3rd Civil Chamber’s decision 2022/5267 E., 2023/1448 K. is in this direction; please confirm it from UYAP. I did not object to the transformation; can I still claim rights?

    Yes. The fact that you implicitly permitted the transformation does not mean you consented to your apartment being unfairly reduced in size. In case of a value imbalance, your claim for equalization/goodwill is reserved.

    Why 2M Hukuk? Expert Support for Attic and Duplex Files

    Apartments with attic floors (duplexes) are the type of independent section that causes the most loss of rights and disputes in urban transformation: land share-value mismatch, de facto division, goodwill difference, and zoning violations are intertwined in a single file. As 2M Hukuk Law Office, we manage the process end-to-end, from title deed-project analysis to sharing protocols, from land share adjustment and goodwill lawsuits to the legalization of zoning violations.

    Tuzla Pendik Kartal Maltepe Gebze Darıca Çayırova Kocaeli

    Before a transformation decision is made, that is, before the most critical stage to protect your rights is passed, you can reach us through our urban transformation consultancy page.

    Resources and Related Content

    Official / Primary Resources

    Law No. 6306 and its Implementation Regulation (current text, 04.02.2026) — mevzuat.gov.tr

    Condominium Law No. 634; Zoning Law No. 3194; Turkish Civil Code No. 4721 — mevzuat.gov.tr

    Regulation on Zoning for Planned Areas (Art. 40 Roofs; definitions) — mevzuat.gov.tr / resmigazete.gov.tr

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