FORUM
  Home
  Forums
  Photo Gallery
  TLF Donations
  Forum Rules
  Register
  LINKS
  Property Buying Guide
  Didim Google Map
  Weather Station
  FUN
  Arcade Games
  Daily Crossword
  Jen's Chat Room
  Lira Exchange Rates
Old 13th February 2018, 09:51   #1 (permalink)
New Member
 

Thanks: 0
Thanked 1 Time in 1 Post
loops748 is on a distinguished road
Habitation Cert

How long am I supposed to wait for my Habitation cert - it's been 6yrs now and still no sign - the Building/Maint company just keep saying next year, next year - am I entitled to sue them for breach of Contract?

I would like to sell my Turkish property but potential buyers are put off because I only have the Tapu
loops748 is offline send PM Reply With Quote Share on facebook
Old 13th February 2018, 10:52   #2 (permalink)
Senior Member
 
Rose Cole's Avatar
 

Thanks: 348
Thanked 469 Times in 202 Posts
Rose Cole is a glorious beacon of light Rose Cole is a glorious beacon of light Rose Cole is a glorious beacon of light Rose Cole is a glorious beacon of light Rose Cole is a glorious beacon of light
Re: Habitation Cert

Hi there- I am new to the forum as well and just posted an introduction, so I hope I can help.

Do you know for certain that the habitation certificate (Iskan) has ever been issued?
Is it the case that builder has it in his possession but for reasons unknown, not giving it to you?
Rose Cole is offline send PM Reply With Quote
The Following User Says Thank You to Rose Cole For This Useful Post:
IbrahimAbi (13th February 2018)
Old 13th February 2018, 11:13   #3 (permalink)
Senior Member
 
35pluschips's Avatar
 

Thanks: 909
Thanked 1,963 Times in 1,247 Posts
35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future
Re: Habitation Cert

Quote:
Originally Posted by loops748 View Post
How long am I supposed to wait for my Habitation cert - it's been 6yrs now and still no sign - the Building/Maint company just keep saying next year, next year - am I entitled to sue them for breach of Contract?

I would like to sell my Turkish property but potential buyers are put off because I only have the Tapu
If you have waited 6 years then you have a problem. There's a time limit for the builders to put a Hab Cert on a property, not sure what that time limit is now but no way is it 6 years. Are you sure that there is not one on it because in many cases property owners never even see the Hab Cert even though its actually been done.
A Hab Cert is logged at your local Belidye Office........have you checked?

Last edited by 35pluschips; 13th February 2018 at 11:15..
35pluschips is offline send PM Reply With Quote
Old 13th February 2018, 11:59   #4 (permalink)
Grey wisdom
 
IbrahimAbi's Avatar
 

Thanks: 5,226
Thanked 6,597 Times in 3,056 Posts
IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute IbrahimAbi has a reputation beyond repute
Re: Habitation Cert

Isn't there some indication on the Tapu if the habitation cert has been issued?
__________________
Cannot Save The World, Not Enough Disc Space
IbrahimAbi is offline send PM Reply With Quote
Old 13th February 2018, 12:24   #5 (permalink)
Senior Member
 
35pluschips's Avatar
 

Thanks: 909
Thanked 1,963 Times in 1,247 Posts
35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future
Re: Habitation Cert

Quote:
Originally Posted by IbrahimAbi View Post
Isn't there some indication on the Tapu if the habitation cert has been issued?
Not always, the Hab Cert itself is nothing to do with the Tapu. The Tapu shows who the owner is, the issuing of the Hab Cert shows that the building has been done to spec & the workers NI has been paid.

The problem with checking at the Belidye Office is.............you can open a can of worms for yourself if the Hab Cert hasn't been done.
35pluschips is offline send PM Reply With Quote
Old 13th February 2018, 13:47   #6 (permalink)
Senior Member
 

Thanks: 326
Thanked 228 Times in 124 Posts
jearden is a jewel in the rough jearden is a jewel in the rough jearden is a jewel in the rough
Re: Habitation Cert

Quote:
Originally Posted by loops748 View Post
How long am I supposed to wait for my Habitation cert - it's been 6yrs now and still no sign - the Building/Maint company just keep saying next year, next year - am I entitled to sue them for breach of Contract?

I would like to sell my Turkish property but potential buyers are put off because I only have the Tapu
This is my experience dealing with Milas Council.
After 6 years itís pointless asking the builder for an honest answer so you need a statement from the council. This is best done in writing via a solicitor. The cost of suing the developer will almost certainly be greater than your loss in selling without a HC.

The building construction licence lasts 5 years and the Habitation application to the council must be within that period. The application would be rejected if the builder had debts to the council, typically SGK payments for construction workers. If rejected the debts have to be paid and a new application made but still within the 5 year timeframe. To apply beyond the 5 years requires the builder to renew the Construction licence.

The Council send out a technical team to inspect the site and check that the construction is in accordance with the plans and applicable standards. If the report is satisfactory the habitation certificate will be issued. If there are failures identified the council will give the developer a time frame in which to rectify the defects. If the defect is a minor infringement the council may choose to wave it in favour of a fine. If the infringement is major then the builder is faced with huge potential costs at which point he may just walk away leaving the owners in limbo.

Just to add that habitation approval is for a whole building (apartment block) or collection of buildings for which the construction licence was issued.
__________________
John
jearden is online now send PM Reply With Quote
The Following 4 Users Say Thank You to jearden For This Useful Post:
35pluschips (13th February 2018), Akasya (13th February 2018), cork laurence (13th February 2018), IbrahimAbi (13th February 2018)
Old 13th February 2018, 13:53   #7 (permalink)
Bodrum buddy
 

Thanks: 1,272
Thanked 873 Times in 537 Posts
alva5763 is a splendid one to behold alva5763 is a splendid one to behold alva5763 is a splendid one to behold alva5763 is a splendid one to behold alva5763 is a splendid one to behold alva5763 is a splendid one to behold alva5763 is a splendid one to behold
Re: Habitation Cert

Do you have water and electric supplied. Think you need hab cert to have them so if you have then cert exists.
alva5763 is offline send PM Reply With Quote
Old 13th February 2018, 13:59   #8 (permalink)
Senior Member
 
35pluschips's Avatar
 

Thanks: 909
Thanked 1,963 Times in 1,247 Posts
35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future
Re: Habitation Cert

Quote:
Originally Posted by jearden View Post
This is my experience dealing with Milas Council.
After 6 years itís pointless asking the builder for an honest answer so you need a statement from the council. This is best done in writing via a solicitor. The cost of suing the developer will almost certainly be greater than your loss in selling without a HC.

The building construction licence lasts 5 years and the Habitation application to the council must be within that period. The application would be rejected if the builder had debts to the council, typically SGK payments for construction workers. If rejected the debts have to be paid and a new application made but still within the 5 year timeframe. To apply beyond the 5 years requires the builder to renew the Construction licence.

The Council send out a technical team to inspect the site and check that the construction is in accordance with the plans and applicable standards. If the report is satisfactory the habitation certificate will be issued. If there are failures identified the council will give the developer a time frame in which to rectify the defects. If the defect is a minor infringement the council may choose to wave it in favour of a fine. If the infringement is major then the builder is faced with huge potential costs at which point he may just walk away leaving the owners in limbo.

Just to add that habitation approval is for a whole building (apartment block) or collection of buildings for which the construction licence was issued.

A bang on post John, I personally have put Hab Certs on three properties (all individual villas). Went to Aydin with my builder, paid the taxes, went to the Belidye & booked the inspection, all went smoothly. The problem is the builders don't want to pay the taxes, mainly the workers NI. An individual property is not too expensive but when its a complex its a different ball game ie big money.

To put in in a nutshell for some its like this.
Car tax is nothing to do with an MOT but you need both to be legal.
35pluschips is offline send PM Reply With Quote
The Following User Says Thank You to 35pluschips For This Useful Post:
jearden (13th February 2018)
Old 13th February 2018, 18:24   #9 (permalink)
New Member
 

Thanks: 7
Thanked 28 Times in 13 Posts
Andybutt is on a distinguished road
Re: Habitation Cert

Don’t agree. If the correct box on the Tapu has a cross in it, then Iskan is ok
Andybutt is offline send PM Reply With Quote
The Following User Says Thank You to Andybutt For This Useful Post:
Leo (13th February 2018)
Old 13th February 2018, 19:36   #10 (permalink)
Senior Member
 
35pluschips's Avatar
 

Thanks: 909
Thanked 1,963 Times in 1,247 Posts
35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future 35pluschips has a brilliant future
Re: Habitation Cert

Quote:
Originally Posted by Andybutt View Post
Donít agree. If the correct box on the Tapu has a cross in it, then Iskan is ok
I'm not disagreeing with that but just because the x in not in the box on the Tapu does not mean that the Hab Cert has not been done. The Belidye Office does not put the x in the box the Tapu Office does that. Likewise the Tapu Office does not put the Hab Cert on a property, the Belidye Office does that.
The coming together of Tapu & Hab Cert is when the Tapu Office will issue a new (for a small fee) Tapu with the "x" in place. I never bothered at the time because I had the Hab Certs in my possession.
35pluschips is offline send PM Reply With Quote
Reply

Tags
cert , habitation


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
habitation cert dalyan wayne+nik Buying property in Turkey & North Cyprus 4 20th February 2013 12:40
Tapu and habitation cert advent Tapu/Dask/habitation certificates 19 4th September 2011 08:47
habitation cert littledave Izmir Forum 35 11th February 2009 23:16



All times are GMT +1. The time now is 15:45.
TurkishLiving.com tested by Norton Internet Security TurkishLiving.com tested by McAfee Internet Security
Powered by vBulletin® Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Style Provided By: Wrestling Clique - Wrestling Forums
TurkishLiving.com


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155