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Old 14th July 2013, 11:50   #1 (permalink)
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Good News To The Iskan/Habitation Certificate Victims

Dear members,

As most of you know, there's a nonsense act in Turkish law that orders the condominium owners not to get their iskan/habitation certificates as long as their builders have debts to the tax and social security offices. Due to this act, many owners had to pay the debts of their builders to the state just in order to get their certificates, no matter Turkish or foreigner.

The good news is;

An action that we filed against the local municipality nearly 2 years ago, ended a few weeks ago in favour of our client. The court considered it an unfair approach to the owners and made a decision that condominium owners can get their certificates if the construction is completed with all facilities. This is a precedent decision and all cases shall be adapted to it.

If you have a 100% completed construction but unable to get the certificate due to your builder's debts to the state, you can start this action to the local municipality and get your certificates in max 1 or 2 years(could be in a shorter term as well).

Best wishes.
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Old 14th July 2013, 13:38   #2 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

WOW - that is a game changer!

Well done Cem.
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Old 17th July 2013, 09:43   #3 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

Great news!!!
What is involved in taking such an action?

Mary.
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Old 17th July 2013, 10:33   #4 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

Quote:
Originally Posted by culturevulture View Post
Great news!!!
What is involved in taking such an action?

Mary.
This court decision will probably mostly avail your situation, Mary.

From now on, no condominium owner will be obliged to pay the debt of his/her builder to the tax/social security offices. The munilipalities/local councils will have to issue the habitation certificates of the buildings provided that the construction is 100% completed.

What the good of the habitation certificate is;

Condominium owners with no habitation certificate still carry on using the water and electricity networks of the constructions, though it's over. Constructing water and electricity is much more expensive than ordinary services and this economically demages the owners. These buildings also have problems with pools, elevators, roofs and air conditioner systems. From the other hand, a property without habitation certificate is less priced than a normal one since no one wants to buy a house with such problems.
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Old 17th July 2013, 11:43   #5 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

I'm sure I read a thread about a successful 'Habitation' challenge in the courts by an individual some time ago, might have been Suzyq or maybe Teosgirl that posted a link?
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Old 18th July 2013, 09:25   #6 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

[quote]......An action that we filed against the local municipality nearly 2 years ago, ended a few weeks ago in favour of our client. The court considered it an unfair approach to the owners and made a decision that condominium owners can get their certificates if the construction is completed with all facilities. This is a precedent decision and all cases shall be adapted to it.[end quote]

[quote]From now on, no condominium owner will be obliged to pay the debt of his/her builder to the tax/social security offices. The municipalities/local councils will have to issue the habitation certificates of the buildings provided that the construction is 100% completed.[end quote]




Celtic, Was this just one particular court's/judge's decision or has there a law of some kind been passed now?
Other courts may not make the same decision.

Mary.

Last edited by culturevulture; 18th July 2013 at 09:29.. Reason: additional quote.
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Old 18th July 2013, 12:31   #7 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

CV - Celtic posted:

"This is a precedent decision and all cases shall be adapted to it."

So it will have to be adopted - no?
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Old 18th July 2013, 13:36   #8 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

Here's one of the threads I saw relating to 'Habitation' issues & costs;

"1st July 2009
panther
Hab. certs. new law obtain individually

-----------------------------------------------------------------------

I have just spoken with a solicitor who speaks perfect English in Yenhisar.

Concerned about the hab. cert. I haven't yet got.

I hope my interpretation is accurate from her explaining there is a new law in September where we can apply individually at a cost of 600-700tl for our hab. cert.

The tapu by all in block still would need to be updated after this to mulkiyeti.
panther isimli Üyemiz şuan sistemimize bağlı değildir."
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Old 18th July 2013, 14:39   #9 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

Quote:
Originally Posted by Jamster View Post
CV - Celtic posted:

"This is a precedent decision and all cases shall be adapted to it."

So it will have to be adopted - no?
Yes it will, Jamster.

As Tintagel posted above, the new law came into force in 2009. From that date, habitation certificate victims started to make applications to the local municipalities. However, municipalities still rejected the applications just in order to protect the interests of the state. This fascist aspect towards the owners surely was not acceptable. When an application is rejected from the state offices, the only way you can follow is starting an action in administrative court. And that was what we did.

The action that we based on the new law ended a few weeks ago in favour of our client. Our client with his 47 neighbours could take the certificate through this decision of the court.

What I need to reccomend is; be careful while negotiating with your builders and the municipality. Builders who have depts to the state are referring them to the owners as doing nothing when the habitation certificate is needed. From the other hand, municipalities still reject the applications just in order to make the owners to pay of the depts.

The only way that you can go is starting the action in administrative court. As I said before, you can get the affirmative result within a year as pointing to the such precedent high court decisions.

Best wishes.
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Old 18th July 2013, 15:02   #10 (permalink)
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Re: Good News To The Iskan/Habitation Certificate Victims

Well done this is fantastic
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