By: mytapu webmaster | September 27, 2018

23/08/2018 - Summary of Information about the ‘Iskan Amnesty’…

  • Eligible properties are those constructed prior to 31 / 10 / 2017.
  • Application deadline 31 / 12 / 2018
  • Fees payable by 31 / 12 / 2018...
  • Online applications accepted at e-Government, e-devlet login registration available at PTT
  • Forms & Fee pricing available from municipality.
  • New amnesty Permit: Yapı Kayıt Belgesi (Building Registration Certificate).
  • Existing Permit: Yapi Kulanma Izin Belgezi (Building Utilisation Permit Certificate) most commonly referred to in Turkish as an ‘ISKAN’ and in English, ‘HABITATION CERTIFICATE’.
  • ‘Catch-All’ applicable for illegal builds, depots (bodrum), swimming pools, un-approved extensions and modifications, etc
  • Owners assume liablility for sub-standard construction specifications.

Observations & Insights

Clarification required about the ‘Iskan Amnesty’? Welcome to the ‘twigh-light’ zone, where the mysteries lie behind the local belediye’s front door…… Yes it’s true, as the saying goes, ‘Burasi Turkiye, her sey olabelir…!’. Translated: This is Turkey, everything is possible..!

 

Information vs Insight - First, please understand… the difference between the information available in online publications and forums, and the knowledge provided by practitioners… specific factual insights can not be obtained by reading the information regurgitated from second hand sources, but instead, is knowledge obtained only by first hand experience of ‘doing’.

 

Regulations - The constructor is legally required to obtain an iskan (habitation certificate), and selling a residential property to a buyer intended for residential living without an iskan is illegal, or at least unlawful. And enforcement? De facto, this is with the belediye, not least as a collection agent. During the construction process, behind the front doors of the belediye, the two met, and do meet, often.

 

Who Pays? So why then is it the homeowners that are being penalised with fines, application fees, taxes (3%) and uplift fees (3%) for obtaining an Yapı Kayıt Belgesi (Building Registration Certificate), because their property was sold without a iskan ? Partly it is because of ‘common practices’ related to self-build ‘gece-kondos’ of a previous era, and partly  the reason is because this abuse was applied in a widespread manner to new-build properties recently, and so the present amnesty proposal is the most practical and cost effective solution for resolving this problem arising from widespread systemic abuse.  In other words, it is not a stated policy objective, but just the most practical solution. As a result, legal recourse is left for the homeowners to bring against the constructors, rather than the belediye to bring against the constructors. Yes, it may appear the perception of practicality brings its own privileges and prejudices.

 

What to do ? If you understood the relevance of none of the above, then your choices are to either continue browsing forums and webzines until attaining confusion ad infinitum, or if you are sensible, find a trusted practitioner to delegate the matter to. The other possible solution, of a thorough and comprehensive explanation, is itself a lengthy education, with too few people available to adequately provide.

 

Guidance and advice is available by completing the form here, or emailing Advice@mytapu.comChat Box below for more information...!

 

Why bother? For the simple reason that it is required by law, and is cheaper and easier to now obtain a habitation certificate, with the procedure under the Amnesty, then it was before the Amnesty. And for the additional reason, that warnings about enforcement have been gradually becoming stronger over recent years, and fines are now being imposed. It is not unreasonable to presume that ultimately enforcement will culminate in a prohibition on the transfer of property that does not have an iskan, enforced by Land Registries, and that fines in the future will escalate continuously.

 

D.I.Y. Job ? Yes, it can be. In other cases, it needn’t be DIY, it can be ‘Delegated’. The right answer depends on your personal situation, and circumstances relating to the property. And in many cases it can not be either DIY or Delegated, but requires a third approach, this being the most difficult, but fortunately, there are means for addressing those challenges. Avoid getting caught in the trap of trying with DIY and failing, and then having to Delegate, only to learn last that it is the third approach that is required…..Contact Advice@mytapu.com to have your case assessed today, no need to further delay.

 

 

What You Must Know

 

The insights above are relevant and essential background knowledge for navigating through the amnesty application procedure. Only a very small percentage of applications will be eligible for approval by way of the simple description offered in on-line publications. For the remainder, there will remain difficulties and obstacles that will be very difficult to overcome, but not impossible. The obvious solution for this vast majority of cases, is that the Amnesty is extended and modified, to accommodate yet greater ease and simplicity of application process. Unfortunately, it would be most unwise and negligent – foolish- for homeowners to pass up this Amnesty procedure, only to find out later that an extension and changes are not forthcoming.

 

Navigating successfully through the difficult aspects of the application procedure require things doing that are of course not mentioned in any official publications, or forums, or on-line guidance from official sources. This is where information alone is insufficient to help, and the insights of experienced practitioners are required.

 

Every property situation is different, every case is different, and that leads to many permutations; explanations of all being far too lengthy an undertaking for a short article such as this. Yes the generalisations about the application procedure are by now widely published, but are insufficient, because of the multitude of variations. Obtaining guidance from Advice@mytapu.com will provide an assessment covering the necessary detailed insights relevant to each specific property’s circumstances.

 

When is a Penny Worth More than a Pound?

 

How did this all begin? For the majority of foreign property owners, it began when they purchased a property without an iskan- without the necessary habitation permit. And this happened frequently in cases where the buyer did not receive Independent Professional Advice. Something  they would not do in their home country, but somehow they reasoned they could in Turkey…. Typically to ‘save money on fees’. And a great saving it was, too…  Instead, quite often they chose to listen to free advice, or mis-leading advice. Clearly this is a prime example of the old adage ‘you get what you pay for’. Free advice is usually worth very little, and quite often is damaging.  And may prove to be very damaging, because by now obtaining an iskan under the Amnesty, the homeowner (instead of the constructor) assumes liability for all sub-standard technical specifications. In other words, if the required quality cement or steel or foundations are not in place, the property may be subject to a demolition order. Yes, it could mean the loss of the original investment.  Clearly paying a little for professional advice is worth a great deal…like GrandMa always said...


 ‘A Penny of Prevention, is Indeed Worth more than a Pound of Cure… ‘.

 

More questions or clarification needed ? Find out more here…



Stay informed about property matters in Turkey, with articles like this one…sign-up for our periodic Newsletter here…or here…

 

At mytapu.com our policy is to ensure our clients are fully informed, so that they may make fully informed decisions- this helps to ensure better outcomes all around. 

 

Additional Reading:

Legal Work on Property Matters

Property Selller’s  Tool-Kit for Turkey

ShowCase Solutions

Digital On-Line Sales Distribution

Peer-to-Peer On-Line Exchanges

Conveyancing & Completion

Advice for Property Matters in Turkey

All Articles

 

 

 

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Comments:

Melis

Posted on : October 29, 2018

If YOU also found out late about the Iskan Amnesty, next time stay
up-to-date with property matters in Turkey, by signing-up for our
NEWSLETTER... please complete the form here....cut and paste this into
your browser; http://www.mytapu.com/how-to-sell-property-Turkey.html#contact<br />
<br />


Melis

Posted on : October 28, 2018

Hello Alan, Thanks for posting ! To help you we need more information.
As the first step, Please email a scan of your Tapu to
advice@mytapu.com. If email isnt convenient for you to SEND right now,
you can describe and provide more information by leaving a message on
the chat box- but also please leave your email address so we can reply
(and check your junk mail filter). :) But don&#39;t wait- you have
until Wednesday so there isn&#39;t time to spare.... !


Alan

Posted on : October 28, 2018

Completely confused, bought a Nicholas Homes apartment 2007. Got Tapu
same year, just heard about this.<br />
Do I need to apply or have the builder who is now defunct already done it?


Melis

Posted on : October 14, 2018

For the Amnesty procedure:<br />
<br />
The first question that needs answering is the one that is often not
asked- does the amnesty application procedure apply to my case? The
procedure was designed basically for two types of cases- if your case is
different, you can still benefit, but there will be variations on the
fees payable...and you certainly want to avoid over paying... which is
possible in the e-devlet system.. and obtaining a refund is one more
un-necessary headache, even if you manage that application procedure. So
next step- have your case assessed. We can do this by following a Fact
Finding procedure-and are happy to begin by requesting additional
information from you. Please reply by email to Advice@mytapu.com and say
you would like to begin the Assessment and we can then follow up with
that procedure and those Fact Finding questions.<br />
<br />
The second question relates to the cadastral metics and fee calcualtion.
No matter which type of case yours is, there is a two step procedure
that is the cheapest, fastest, and only sure way to deal with these two
issues combined. The first solves the land mapping issue, the second
solves the fee calculation issue. In terms of time, aggravation, and
costs, it is much smarter to pursue these two first, and resolve them in
this way. I am happy to provide this advice for you, if you please
request Guidance by reply email, to Advice@mytapu.com, but you should
still first clarify which type of case yours is, to understand if the
fee schedule will be the standard calculation, or some variation.


Melis

Posted on : October 14, 2018

Hello Everyone, We are receiving many questions about how the fee is
calculated.... But there is a more important question to answer first !
The amnesty procedure was designed primarily for two types of cases.
However, there are now many many vairations and diiferent types of cases
coming forward- and many of these will not have the same fees payable !
So if you are not careful you can end up paying more than you should.
First step is to clarify your case type- email Advice@mytapu.com and
request an assessment. After your case type is known, it will then be
possible to know if you will have to pay the standard fee schedule, or
some variation...


Melis

Posted on : October 13, 2018

Hello Anne! Thanks for posting and sending an email... A reply by email
has been sent to your email with more details and information... Kind regards...Melis


Anne baxter

Posted on : October 12, 2018

Enclosed 2 balconies and want to make them legal under the amnesty.<br />
Registered on e devlet site.<br />
Can you advise on how they measure villa to calculate cost of getting habitation?<br />
Not sure if I&#39;m being given correct information or if they have
measured correctly. Due to be given two different prices.<br />
<br />


Melis

Posted on : October 02, 2018

John, Your kind thanks are really welcome ! If you own a apartment or
villa on a site or sitesi with many other apartments/villas, and your
tapu only says &#39;kat irtifaki&#39; because you don&#39;t have an
&#39;iskan&#39;, then there is a way to go about the process that you
should consider and should try, because it can save you a lot of money
and aggravation. So before you speak to the other owners you should find
out about this... again by email to Advice@mytapu.com


JOHN ARDEN

Posted on : October 01, 2018

Thanks for your emails answering my questions. There will be a few
moans from owners on our site when I tell them its going to cost 6% but
it&#39;s still the cheapest and quickest solution to a long standing
problem so I&#39;m hoping to sway them.<br />
My thanks to your team


ST

Posted on : October 01, 2018

Thanks for your reply- very helpful!


ST

Posted on : October 01, 2018

Have just now completed the form, waiting for your reply, thanks!


Melis

Posted on : September 30, 2018

Hello John, The uplift happens when the property becomes an apartment or
a villa, instead of a construction. An expert at Advice@mytapu.com will
be happy to provide a more technical and detailed explanation. Thanks
for posting... ! Melis


JOHN ARDEN

Posted on : September 29, 2018

Thanks for an interesting article. <br />
On the subject of who pays for the Building Registration Certificate you
mention application fees, taxes (3%) and uplift fees (3%). What do
you mean by uplift fees?


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