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Old 30th June 2015, 10:37   #1 (permalink)
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To Tapu or not Tapu

If a villa is being built at what point should one take the Tapu?.

If the villa is 80% complete and you've suspicion that the developer may have money problems, would you risk losing the villa should he made bankrupt and you haven't taken the tapu.
On the other hand, by taking the tapu would you then have full ownership and liability. Could the developer then say "Finish it yourself - it is yours - you have tapu".
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Old 30th June 2015, 10:46   #2 (permalink)
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Re: To Tapu or not Tapu

Before you depart with a single penny!

You'd need to check to see that he has the tapu for the land.
Not sure about the iskan, as he may have some outstanding fees to pay.
Probably a few more issues to check.
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Old 30th June 2015, 10:50   #3 (permalink)
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Re: To Tapu or not Tapu

You will not be able to get a full Tapu without a Habitation Certificate.
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Old 30th June 2015, 10:59   #4 (permalink)
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Re: To Tapu or not Tapu

but you can get Kat Irtifaki tapu (on a completed building but without Iskan/Habitation Certificate) and it is a lot better than nothing ..... but this building is not completed yet so possibly the only tapu/title deed that would be available at the present time would be the land tapu/title deed - i.e. Arsa tapu ......

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Old 30th June 2015, 11:00   #5 (permalink)
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Re: To Tapu or not Tapu

If the villa is 80% complete and you've suspicion that the developer may have money problems, would you risk losing the villa should he made bankrupt and you haven't taken the tapu. YES
On the other hand, by taking the tapu would you then have full ownership and liability. Could the developer then say "Finish it yourself - it is yours - you have tapu". EVEN IF YOU HAVE A NOTARISED CONTRACT SETTING OUT SCHEDULE OF WORKS - YES, IN TURKEY, MORE THAN LIKELY BUT YOU WOULD HAVE OWNERSHIP OF SOMETHING AT LEAST WHETHER THAT BE OF THE LAND OR THE LAND AND THE BUILDING (DEPENDING ON HOW CLOSE TO COMPLETION IT IS)

___________________________________________

UNLESS YOU HAVE PLACED AN IPOTEK/CHARGE ON THE PROPERTY OF COURSE - IN WHICH CASE YOUR MONEY IS PROTECTED - MAYBE THIS IS THE WAY TO GO IF THE BUILDER WILL AGREE?

Last edited by Helenm150; 30th June 2015 at 11:18.. Reason: adding info
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Old 30th June 2015, 11:02   #6 (permalink)
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Re: To Tapu or not Tapu

How much (%) have you paid so far?
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Old 30th June 2015, 11:18   #7 (permalink)
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Re: To Tapu or not Tapu

If you put a charge on the property ( with his permission / if he does not agree run a mile ) I believe it will cost you to put the charge on ,but at least then he cannot take out a loan against it and it safeguards you .
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Old 30th June 2015, 11:37   #8 (permalink)
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Re: To Tapu or not Tapu

about 80% of money. Rest to be paid when villa "finished" - whatever that means.

Who is responsible for habitation certificate?.
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Old 30th June 2015, 11:45   #9 (permalink)
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Re: To Tapu or not Tapu

normally the builder applies as he will have to show that the building complies to building regulations and complies with what he was actually given permission to build in the first place and that he has paid all wages, social security payments and taxes BUT as title deed/tapu holder if he didn't apply for or was unsuccessful in obtaining the habitation certificate you can apply but depending on the criteria of the above could cost you a little or a lot ......

Last edited by Helenm150; 30th June 2015 at 11:47.. Reason: adding info
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Old 30th June 2015, 11:48   #10 (permalink)
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Re: To Tapu or not Tapu

You can also go along to Belediye with your own interpreter and find out about your build .
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