By: mytapu webmaster | November 19, 2017


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.


No Habitation Certificate ?

Un-authorised additions and changes to your property ?

Fix it all with the ‘Iskan Amnesty’ ...               




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 : January 06, 2018

Hello Daffyd, some of these issues are quite lengthy and are better
covered by email... .<br />
<br />
Customers interested in finding out more about what their tapu says are
invited to have a free brief summary assessment... and then the specific
issues involved can be addressed... please go the ADVICE page under the
drop down menu &#39;MORE&#39; or copy and paste this link into your
browser to do so... <br />
<br />
http://www.mytapu.com/tapu-advice.html<br />


Daffyd

Posted on : November 21, 2017

Hi there, <br />
<br />
So, is it reasonable to assume that many residences for sale, due to
their age, will likely not have, what constitutes today a prerequisite
for modern buyers, a ‘Building Utilisation Permit’ ? (referring to the
&#39;Turkish Yapi Kullanma Izin Belgesi ?&#39;)<br />
<br />
Out of idle curiosity, when was this legal distinction first introduced
to Turkey?<br />
<br />
You say:- &quot;.. the tapu will show a notation stating ‘Planindir’ or ‘Mustakli’.&quot;<br />
These words meaning what, precisely ? And where/how do I locate the one
or the other on my Tapu? .. ( And can I have both? is it better? :)<br />
<br />
All &#39;mish&#39; to me ..;)<br />
Thanking you in advance,<br />
<br />
Globally warmest greetings, <br />
Daffyd <br />


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