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Old 20th September 2018, 11:08   #1 (permalink)
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Building amnesty question

We have been going through the process with the intention of getting a basement apartment changed from a Depo to a Mesken. Originally the plans were for a penthouse on top of our block, but even though this was never built the bottom floor tapu says depo.
Having forked out for a POA to get someone to do this for us, understanding that it would give us a new Tapu with mesken and allow buyers to get a mortgage, we are now told that a new Tapu would only be supplied if all the owners on site agree, ( would not happen) and that the building permission would only be of any use if there was a legal dispute on site involving a court action and the court wanted to fine owners living in depos.

So now a bit confused by the whole thing. Is this a worthwhile process for us, not getting what we were expecting, but is what we would get of any real value. Have had the apartment for nearly 12 years without issue? Opinions please, this is in the Yalikavak area.
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Old 20th September 2018, 11:34   #2 (permalink)
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Re: Building amnesty question

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Originally Posted by martin s View Post
We have been going through the process with the intention of getting a basement apartment changed from a Depo to a Mesken. Originally the plans were for a penthouse on top of our block, but even though this was never built the bottom floor tapu says depo.
Having forked out for a POA to get someone to do this for us, understanding that it would give us a new Tapu with mesken and allow buyers to get a mortgage, we are now told that a new Tapu would only be supplied if all the owners on site agree, ( would not happen) and that the building permission would only be of any use if there was a legal dispute on site involving a court action and the court wanted to fine owners living in depos.

So now a bit confused by the whole thing. Is this a worthwhile process for us, not getting what we were expecting, but is what we would get of any real value. Have had the apartment for nearly 12 years without issue? Opinions please, this is in the Yalikavak area.
There was always going to be issues over this amnesty, especially when it came to apartment blocks AND "depo".
Youre quite correct when it comes to a mortgage, everything has to be spot on when a bank loans money. Cant help much Martin but I will say this, Turks in many cases will by properties with "depo" on the Tapu.
If your not considering selling then IMO, save your money & the hassle.
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Old 20th September 2018, 14:52   #3 (permalink)
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Re: Building amnesty question

I have followed this amnesty topic with interest coming from a property background.
This might be a silly question but do the authorities check to see that the building was constructed in accordance with Turkish building regulations?
I ask because I pushed and pushed for my habitation certificate and was successful. My neighbours finally got theirs last year but they had to have bores taken out of their walls in order to check the concrete used was up to specification presumably because the rules were being more strictly applied.
Surely the amnesty can't apply to sub standard construction can it?
Logically I can understand the reason for the amnesty if it is to simply rectify the fact that the original builders never bothered to obtain the certificate but surely it's not just open season is it?

Last edited by Bramidan; 20th September 2018 at 14:54.. Reason: Punctuatiop
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Old 20th September 2018, 16:54   #4 (permalink)
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Re: Building amnesty question

Quote:
Originally Posted by Bramidan View Post
I have followed this amnesty topic with interest coming from a property background.
This might be a silly question but do the authorities check to see that the building was constructed in accordance with Turkish building regulations?
I ask because I pushed and pushed for my habitation certificate and was successful. My neighbours finally got theirs last year but they had to have bores taken out of their walls in order to check the concrete used was up to specification presumably because the rules were being more strictly applied.
Surely the amnesty can't apply to sub standard construction can it?
Logically I can understand the reason for the amnesty if it is to simply rectify the fact that the original builders never bothered to obtain the certificate but surely it's not just open season is it?
This was brought up on another thread. The bore hole is more than a concrete test, they're also checking the steel inside the columns.
When I was out there, anything over five years build but no Hab Cert had to have bore holes.
Also, your "open season" comment was highlighted by a few of us who know the score. The standards surely must be met? An earthquake & an apartment block gets reduced to rubble, tests later show ????????
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Old 21st September 2018, 20:56   #5 (permalink)
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Re: Building amnesty question

Thanks 35pluschips, it seems as I feared, you just build it without having regard to the law and then sooner or later you pay a fine or wait for an amnesty.
I often wonder why I try and do things properly in accordance with the rules and regulations.
I suppose even if I am a mug at least I sleep at night!
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35pluschips (21st September 2018)
Old 21st September 2018, 21:10   #6 (permalink)
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Re: Building amnesty question

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Originally Posted by Bramidan View Post
Thanks 35pluschips, it seems as I feared, you just build it without having regard to the law and then sooner or later you pay a fine or wait for an amnesty.
I often wonder why I try and do things properly in accordance with the rules and regulations.
I suppose even if I am a mug at least I sleep at night!
You're spot on.

Example how it is.

Had our property built whilst actually living out there, daily visits on site. Looked the one day, pipework for a washing machine in the kitchen, pipework for a washing machine on the landing, pipework for a washing machine in the bathroom. The plumber said, this way you can choose where you put your washing machine..............he just never thought to ask me.
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Old 22nd September 2018, 06:21   #7 (permalink)
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Re: Building amnesty question

you need to get expert advice on proceedures for this type of subject preferably a lawyer who has been recommended...most of the advice you will get in forums and is speculation and bull****, bye the way there is a time limit on this window of oppertunity and its running out soon, I know this as I have two applications for properties being reviewed at the moment.
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Old 22nd September 2018, 07:28   #8 (permalink)
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Re: Building amnesty question

Good advice imho Stuart , what this board is all about .

Steve
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