Is my property kat irtifaki of kat mulkiyeti? What does my tapu say? This is a question often asked by foreign property owners in Turkey. Why? The reason is because a kat mulkiyeti tapu shows a property has received a Building Utilisation Permit and is thus licensed for use as a residential dwelling. And the term ‘Habitation Certificate’ pertains specifically to this aspect of the tapu. For a property to pass from a kat irtifaki state, to become kat mulkiyeti, the Building Utilisation Permit license is required the - Kat Mulkiyeti izin Belgesi, or ‘iskan’, for short. This is what is often referred to as the ‘habitation certificate’.
Technically speaking, when a developer receives construction permits, a land parcel has been divided into subsections or plots, and each unit of the development on each of these plots is constructed according to plan. At this stage each plot is designated kat irtifaki. When construction is complete and the units are ready for sale to home buyers, the developer will apply to have each unit on each plot upgraded to receive the full rights for each unit as a residential dwelling. Once the iskan is applied for and received, the units on the plots may be upgraded to residential dwellings, kat mulkiyeti, with full condominium equivalent rights transferred to the property purchaser. This is what is known in English as the ‘granting of the easement rights’.
In recent years, the law against selling kat irtifaki properties, to a home owner for use as residential dwelling, has been tightened gradually and progressively, as have the enforcement measures. One aspect of this relates to tax collection – before an iskan may be issued, all the required taxes must have been paid – the taxes related to planning, construction, and licensing- and the taxes on the building site labourers’ wages. These can be significant expense as a proportion of the total development and construction cost.
In addition, many mortgage lenders will not provide finance for properties unless they are kat mulkiyeti. In some cases, some lenders may accept a kat irtifaki property as mortgage collateral, but only at a higher interest rate- and the interest rate is significantly higher, perhaps considered punitive. In other words, a kat irtifaki property may be ineligible for mortgage finance, thus restricting the number of buyers that could potentially purchase it, thereby affecting its valuation, and price.
Regrettably, many, many foreign buyers of property in Turkey were sold kat irtifaki properties, without their knowledge of these important facts. We at mytapu.com know this because our mortgage experts processed thousands of mortgage applications for foreigners that were being sold kat irtifaki properties. The reasons described above are why property sellers and agents make it so difficult for a foreign buyer to obtain information about permits on properties, and often demand ‘reservation deposits’ in advance. And these are also the reasons why local Turks, buy property in Turkey the smart way, without reservation deposits, and with sight of an Eksper Appraisal Rapor, first.
How does a property owner upgrade a property that is kat irtifaki, to kat mulkiyeti, and rectify the situation? The answer is… with great difficulty, if at all. A considerable amount of time and effort is required running around between local municipality or local council offices (the belediye) and other official government agency offices, to process documentation. If an iskan is available, the process is simpler, but if no iskan has ever been granted, then providing proof of payment of taxes is something that effectively only the constructor or developer can do, to obtain the iskan. If the property was sold to you for your personal use as a home or holiday home, you may have legal recourse. Visit the Legal Services page at mytapu.com and submit the form there to begin evaluating your alternatives, if you are a property owner in this position with a kat irtifaki tapu.
Is your villa kat mulkiyeti? This is a little more complicated- but not vastly so- if the villa was built on a a subdivided parcel developed as kat irtifaki, then yes, it needs to have a kat mulkiyeti tapu. If it was built on a single plot of land by itself (mustakli), then it doesn’t need a kat mulkiyeti tapu, but of course it needs to have had an iskan granted. Visit the Tapu Advice page at mytapu.com and use the form there to request clarification.
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.
Legal Work on Property Matters
Property Selller’s Tool-Kit for Turkey
Digital On-Line Sales Distribution
Peer-to-Peer On-Line Exchanges
Conveyancing & Completion
Advice for Property Matters in Turkey
Building Trusted Relationships is Building Our Business...!
See What Our Clients Say About Us...