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Go Back   Turkish Living Forums > Turkish Property Forum > Buying property in Turkey & North Cyprus > Tapu/Dask/habitation certificates
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Old 9th December 2005, 14:29   #1
lorraine
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Habitation certificates houses/aprts

This article was taken from the Land of lights, it is written by Mak Hammami of legal services in Fethiye, He has consented to his articles appearing on the TLF forum and is now a new member of the forum.

Quote:

As you are all aware, there is a new law coming out soon (supposed to be the end of December!!). Along with this law they are now making it compulsory to have a resident permit (isken/oturma rusat) for your flat /house or villa. So, if you are not sure whether you have this permit, get yourselves down to your local council or contact us a legal services & solutions and find out.

I have come to realise that all legal matters to do with buying property here are a real pain in the proverbial. I have just spent the last month or so trying to get the residential permits and land divisional permits sorted out and at great expense, why?? Well, because if I hadn't I would not be able to apply for my subscription of electricity water or telephone and I would have to keep paying "construction rates" at 20% more than the going rates. Also by not getting the required documents I would be subject to a whacking fine and last but not least. I would not be able to sell my property in the future.

If you are in the unfortunate situation of not having your residential living permits as I was, then you need to either get someone to sort it out for you or.....Get ready for this....(And this is the summary) ...
1. Make sure all insurance has been paid (if need be, go to Mugla).
2. Get all the engineers that worked on your property to sign the right documents.
3. Apply in writing to the council and get them to check out your property and see if it was built to spec.
4. Pay any taxes due at the Tax Office.
5. Get all the engineers that worked on your property to sign the right documents for the second time.
6. Get signatures from the head of the health department, assistant mayor, head of the planning manager's office, and more signatures from every single department the council has!!...Where was I 7....8....9...the list goes on. I know what you are all thinking.... OH MY GOD!! Why the hell should I bother? Well to tell you the truth, I 've finally sorted it all out and tonight I shall be opening a bottle of Bollinger and will be enjoying a celebratory drink in my own completely law abiding home. Cheers!!
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Old 9th December 2005, 15:06   #2
gipsybabe
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Re: Living permits on houses/aprts

I am confused. Is this law just for Fethiye or will be be for all of Turkey. As how can one get a resident permit if you are only using for a holiday home, does that mean we have to keep paying the 'construction' rates for elec and water if we are not resident?
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Old 9th December 2005, 15:11   #3
lorraine
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Re: Living permits on houses/aprts

It is a little confusing, but not to get mixed up with the residency permits for living in Turkey, this is the living permit on the property, (I am sure someone will be along to explain it better) but on my tapu there is a tick in a box showing that I have this permit, and that all registraions and taxes were paid by the builder and permssions granted. have a look at the thread in "How to read your Tapu" http://www.turkishliving.com/forums...read.php?t=2936
This might help.


I dont think it would be just for the Fethiye region, this is what i gather from reading all the gumpf on the web.
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Old 9th December 2005, 15:14   #4
tonytg
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Re: Living permits on houses/aprts

I think that Mak Hammami is referring to the Habitation Certificate which you will require to get electric from tedas (rather than the constructor's inflated price) and your water. You will need this to sell your property legally and it certainly is very tedious to obtain unless your builder/developer has consented to obtain for you (on payment or otherwise). Mine cost me £400 to get in the end which I don't know if its a good price or not (for me or him ?) but I certainly did not want to go through that hassle. You would expect your builder/developer to provide you with one after your home is ready but the only way to gaurantee it is if its in the contract drafted with your lawyer, and some still get out of that......
Habitation Certificates are required for all new legal properties - don't know about old ones.

Last edited by tonytg : 9th December 2005 at 15:16. Reason: correction
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Old 9th December 2005, 15:57   #5
bryn
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Talking Re: Habitation certificates houses/aprts

Habitation certificates have been a legal requirement for some years however some 80% of properties dont have them. The price is about 400GBP and once obtained its for life of the property. I can understand the govt craking down on this as its a big tax income. My house when İ went to buy it didnt have one and as it was 7 years old I insisted the seller get it before I bought, he then tried telling me he done it in the hope I wouldnt check with the belediye, he wasnt a happy chappy about it but had no choice as I was a sitting tenant and he was desperate to sell the house, thus the only person who could buy it was me which made it easy for me to dictate terms including making sure all the paperwork was correct and knocking him down substantially in price.
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Old 9th December 2005, 16:07   #6
lolly
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Re: Habitation certificates houses/aprts

Hi,
I paid a hell of a lot more in October. The fees have all gone up in Kusadasi (so i was told) and ending up paying quite a bit more than £400 and ended up with an awful lot of paperwork!
I have been told that once you receive this paperwork that you have to take it to the Belediye for cheaper bills/taxes. I shall pop along when over next year to check everything.
Cheers
Lorraine
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Old 9th December 2005, 16:11   #7
lolly
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Re: Living permits on houses/aprts

Quote:
Originally Posted by lorraine
It is a little confusing, but not to get mixed up with the residency permits for living in Turkey, this is the living permit on the property, (I am sure someone will be along to explain it better) but on my tapu there is a tick in a box showing that I have this permit, and that all registraions and taxes were paid by the builder and permssions granted. have a look at the thread in "How to read your Tapu" http://www.turkishliving.com/forums...read.php?t=2936
This might help.


I dont think it would be just for the Fethiye region, this is what i gather from reading all the gumpf on the web.

Hi Lorraine,
What about if you obtain the living permit AFTER the issue of the TAPU.
I received my Tapu back in July 2004 and got my habitation September 2005.
I was also told that the certificate on a new house has to be taken withing 2 years. It is all so confusing!
Cheers
Lorraine 2
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Old 10th December 2005, 06:35   #8
Susan
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Re: Habitation certificates houses/aprts

Our contract states that we pay the final money when the Tapu, Living Licence is obtained and all snags are done on the house.

That is what we stated we wanted put in it before we would sign.

Susan
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Old 10th December 2005, 08:56   #9
lolly
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Re: Habitation certificates houses/aprts

Susan,
Yes, that was a very good idea. When we bought our villa, the living permit was not mentioned so we didnt know there was anything more to pay. We were told by our Emlak that there would be nothing more to pay once we completed. How stupid were we! Still, i know of plenty of others that have had the same thing happen. Next time round we should get everything right....hopefull...if the laws don't change too much.
Cheers
Lorraine
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Old 10th December 2005, 11:50   #10
parrot
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Re: Habitation certificates houses/aprts

Bryn,we have been in touch before on this subject,June/July,when I was having problems with my Hab.Cert.by the way still waiting for it,like Tony have to pay £400 for it,we have been told it should be ready after December,but Nokta didn't say which December.You state that about 80% of owners don't have it,I was told that owners MUST have it to connect to utilities,so how have they got electricity and water supplies,if the companies don't supply without a Hab.Cert.
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