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.com, Chat 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… ‘.