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Old 29th May 2008, 11:48   #1 (permalink)
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Cool The more I read the more I worry

What a brilliant web-site this is, just a pity I didn't join before I signed my contract.
Along with many others who engaged law firms to handle their purchase contracts I was required to pay the developer in full to get the keys to my new build property. As a result I now have no leverage with the developer over his cavalier approach to issues such as the Tapu, Habitation certificate, promised communal facilities, site charges etc.
Having read the apparently knowledgeable threads from the various forums I now feel let down by the Turkish legal profession, vulnerable, and in retrospect naive. Howecer, the problem I have with the forums comments on legal matters is sorting the facts from the well intended.

So, can legal eagle Merv or whoever, please tell me if I've got my facts straight.

- Until I get my Tapu, the property belongs to the developer.
- He could raise funds using 'my' property as security.
- If the developer goes bust I could lose everything.
- Unless there is a habitation certificate the Tapu will be marked to show 'not approved for habitation' and therefore at that stage an unsaleable asset.
- The builder can't get a habitation certificate until the site is passed as complete and meeting the standards.
- You need a habitation certificate to get services directly from the electricity and water suppliers
- There is no incentive for the builder to apply for the habitation certificate.
- If he eventually does get one, then you have to apply to have the Tapu amended to show its approved for habitation.

Thanks in anticipation
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Old 29th May 2008, 11:59   #2 (permalink)
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Re: The more I read the more I worry

Quote:
Originally Posted by jearden
- Until I get my Tapu, the property belongs to the developer.
- He could raise funds using 'my' property as security.
- If the developer goes bust I could lose everything.
- Unless there is a habitation certificate the Tapu will be marked to show 'not approved for habitation' and therefore at that stage an unsaleable asset.
- The builder can't get a habitation certificate until the site is passed as complete and meeting the standards.
- You need a habitation certificate to get services directly from the electricity and water suppliers
- There is no incentive for the builder to apply for the habitation certificate.
- If he eventually does get one, then you have to apply to have the Tapu amended to show its approved for habitation.

Thanks in anticipation
John, You are absolutely right in all of the above statements. The one I have highlighted will continue to cause no end on problems unless the Government see fit to alter the system and ensure that there is some kind of incentive.
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Old 29th May 2008, 12:25   #3 (permalink)
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Re: The more I read the more I worry

Gosh I had no idea you needed 2 Tapus!!!!!

Still waiting for our first which we were told was ready in Nov. Fingers crossed for next trip.


cheers jearden for such a concise summary.
cheers Ruth for your knowledge and confirmation.
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Old 29th May 2008, 12:28   #4 (permalink)
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Re: The more I read the more I worry

G&D,

You don't need two tapus.
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Old 29th May 2008, 12:34   #5 (permalink)
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Re: The more I read the more I worry

So once you have your hab cert you have to get your original tapu updated is this right? if so is this a simple procedure and is it free.

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Old 29th May 2008, 12:34   #6 (permalink)
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Re: The more I read the more I worry

Hi Maria,

But the post said the initial must be changed to the amended for habitiation?

Okay get it now cheers Maria and Jane

Debbie

Last edited by GnD; 29th May 2008 at 12:39..
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Old 30th May 2008, 12:09   #7 (permalink)
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Re: The more I read the more I worry

Many thanks for your response Dalaman Deli.
I'm finally beginning to see the wood from the trees.
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Old 31st May 2008, 08:00   #8 (permalink)
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Re: The more I read the more I worry

I've recently sold my apartment, and my Tapu hadn't been updated to show it as residential. All I did was show my Tapu and Habitation certificate, and this was acceptable.
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Old 31st May 2008, 16:20   #9 (permalink)
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Re: The more I read the more I worry

And word on the street is that the Tapu suspension has been lifted but haven't found any official data to back this statement.............................

Anyone else heard anything?
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Old 31st May 2008, 18:57   #10 (permalink)
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Re: The more I read the more I worry

If you have your own electricity meter and you own water connection with a number on it, then your property has been issued with a habitation cert. If you have a TAPU go to your local council and ask for a copy of "Ferdi Iskan" (I hope my spelling is correct) anyway you will see a signpost in the council office for this item. It turns out that my estate agent had the original of this all the time and when we went to set up our company he did not realise that it was needed to tick the appropriate box. So now I have a copy of this which I keep with my TAPU. He said I could get the TAPU re-done with the other box ticked, but this would cost about E700 and is not really necessary. He is keeping the original as one of our neighbours is selling and he will need to show it as if a Turkish person is buying and getting a mortgage, their bank will ask for the Habitation Cert. As more and more Turkish people will now be in a position to buy because, like us they can get a mortage, the Hab. Cert issue will get more attention. This will be good for expats in the future.
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