What does my Tapu say? Habitation certificate?

Is my property legal? Do I have a habitation certificate? What is a habitation certificate?

These questions are frequently asked by foreign property owners in Turkey. And with some trepidation, fearing the answer will be for the worst.

To begin with, let’s clear up some common misconceptions….

First, to be perfectly correct, technically speaking, there is no such thing as a ‘habitation certificate’. The reason this term is so widely used is because in the early days of doing business for foreign property buyers in Turkey, someone adopted this term instead of the correct terminology- which is  ‘Building Utilisation Permit’, referring to the Turkish Yapi Kullanma Izin Belgesi. If the Building Utilisation Permit authorises the constructed premises for use as a residential dwelling, it is legally habitable. If there is no Yapi Kullanma Izin Belgesi issued, the property is not legally habitable.

Second, a Tapu does not show whether the Yapi Kullanma Izin Belgesi has been issued. What the tapu shows is whether the property has had the easements lifted, if it has been constructed on a land share parcel. If it has, the term ‘kat irtifaki’ will be replaced with kat mulkiyeti’, meaning the property development has passed through the stage of having the easements lifted and property ownership rights granted (the nearest equivalent is ‘condominium’ type rights-  not leasehold, not freehold, and not some other form of usufrucht). And this can not have occurred unless and until the Yapi Kullanma Izin Belgesi has been granted. If the property is a ‘stand alone’ villa, and is in the municipal zoning plan, or has received the construction permit ( yapi ruhsati),  the tapu will show a notation stating ‘Planindir’ or ‘Mustakli’, but these notations in themselves do not evidence a Yapi Kullanma Izin Belgesi... unless there is another notation on the tapu, only the Iskan will suffice as proof.

So, in summary, your tapu will not say where, when, or to whom the Building Utilisation Permit was granted, but it will reveal, by inference, what stage of the planning and permits process has been reached, or perhaps whether one has been granted, and thus whether the property is legally habitable.

Clear as mud? Contact us with the form on the 'ADVICE' page and upload a scan of your tapu, to find out more.