Guz1

Mariaca,

Rather than using English translations that could be blamed later for causing confusion, it may be better if you stick to the Turkish names for the documents as given by Peter the Postie. The link to the document on the forum will bring you to a copy of the Yapi Kulanma Izni which is the Building Use Permit. I believe that the magic Habitation Certificate may be the Oturma Izni/Ruhsati which must be issued before a property qualifies for a Kat Mulkiyeti tapu.

mariaca

Thank you all. I have sent a new e-mail, with the Turkish names as well. Hopefully it was just a misunderstanding - will see tomorrow.

So Habitation Certificate and Building Use Permit is not the same?

Guz1

Can't get a definitive answer on that, Mariaca, but it seems that there are two separate documents required. I do know that the Building Use Permit is not sufficient to get a Kat Mulkiyeti Tapu because we have the permit but our Tapu is Kat Irtifaki until the the final permit (I believe this is the Oturma Izni/Ruhsat) is issued by the authorities.

I have posted questions about this on the forum numerous times but nobody knows (or is willing to divulge) the answer. As far as I can find out, the Building Use Permit (or Yapi Kulanma Izni) applies to an individual property whereas the Otruma Izni/Ruhsati is issued when the entire site, or apartment complex, has been inspected and approved by the Belediye as having been completed in line with the planning permission and to the standards required by the Belediye. I understand, also, that the final certificate will not be issued if there are any outstanding charges/taxes due to the Belediye.

Guz1

Mariaca,

I'm sure that, on one of the other threads, Darren give quite a comprehensive answer about the final Certificate as it applies to new builds. I didn't take a note of it because it didn't cover my question which applies to properties where the builder has moved off the site, but it may well be the information you require.

(Apologies to moderators for back-to-back posts).

g&t

Maria,
we recently received our habitation certificate in the past month and its headed, YAPI KULLANMA IZIN BELGESI, hope this is of some help

Guz1

G&T,

Thank you. That's the document I received from the Emlak in response to my request for a Habitation Certificate.........it is the Building Use Permit which on its own is not sufficient for a Kat Mulkiyeti tapu. Does your tapu have a cross in the Kat Mulkiyeti box?

Everyone talks about the importance of having a Habitation Certificate yet there doesn't seem to be any official document whose name translates to the precise term "Habitation Certificate". The real prize is a Kat Mulkiyeti tapu.

mariaca

Guz1, I think you are right.
Thank you so much, all of you.

Everything is now sorted out - it was a misunderstanding.

E-mail from the agent:
Sorry, that is right, I misunderstood.
Habitation certificate ( Yapi Kullanma Izni ) has already been sorted out by the builder.
You are right. When you get your tapu, kat mulkiyeti will be sorted out on the tapu.

Dalaman Deli

Hi Maria. Did you take the Yapi Kullanma İzni to the Tapu office to have your Tapu updated from Kat İrtifaki to Kat Mülkiyeti? If so what was their response?

Guz1

No, Dalaman Deli, I didn't take it to the Tapu office yet. I went to the local Belediye to make sure it was the correct document because I only had a photocopy and I asked them about it. They gave me another photocopy from their records and stamped it. They told me that the whole site must be finished before Kat Mulkiyeti applies. From what I can ascertain from other forum members' experiences I take it that the Ruhsat/Oturma Izni is the document required to qualify my house for a Mulkiyeti tapu. I assume, also, that the entire site must be passed by the Belediye before the Ruhsat/Oturma Izni is issued and the tapu's Kat Mulkiyeti box can be ticked.

We still (after 4 years) don't have our own electricity supply from Tedas, although we do have mains water and pay our water bills to the Belediye. Last time I was in Turkey the sitesi committee seemed to be making a big effort to put the finishing touches to the site. They had sunk a new artesian well for the garden water and laid new pipes. The last of the unfinished houses had been completed. They had also installed a new pump for the swimming pool and when I saw the Baskan he was swamped in huge maps of the site. A Belediye official had also been around looking at every house and told a few people who had completely enclosed their outside showers that they would be fined if they didn't open up the area between the walls of the shower and the overhanging balcony. (We were ok because we just have mosquito screens, allowing the air to circulate). I will find out more when I'm there in June and may go to the Tapu office to see if I can get the Tapu changed.

Can you tell me whether I am on the right track, or is my understanding of this Habitation/Kat Mulkiyeti business way off the mark?