23/08/2018 - Summary of Information about the Tapu ‘Iskan Amnesty’ for Habitation Certificates in Turkiye…

• 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 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… ‘.

 

More questions or clarification needed ? Find out more here…

Tapu Iskan Amnesty: How to Reduce Expenses and Costs ?

Obtaining the Tapu Amnesty involves both the Land Registry and the local municipality, and property owners must follow the procedures and provide the required documents. At the first step, applications are standardized, meaning the procedures and documents are the same for everyone. 

One of the requirements always poses a hurdle for applicants, without obvious solutions. The insights of the Advisor’s at My Tapu Associates play a key role in guiding the property owners how to overcome this hurdle, and reduce the expense for this one specific requirement, which typically ranges from several hundred to more than a thousand Euro (E 500- E 1,000+) depending on the property), to a nominal amount typically in the E 100 range, and if done correctly, can reduce it to nearly to nothing.  To obtain this key insight, please email to:info@MyTapu.com by clicking here....   >

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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

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Are the authories in Turkey introducing new measures to enforce the use of Habitation Certificates (Iskan / Building Utilisation Permit) ?

From our clients mytapu.com has learned that fines are now being levied by the local fiscal authorities upon owners of properties without an Iskan (Habitation Certificate).

How are the properties detected? When does this occur? How much are the fines?

This is quite likely the result of an introduction of new and tighter enforcement measures- and this does not need confirmation from official sources, as such enforcement measures have long been promised - but are these measures being applied in all locations uniformly and immediately, or gradually with local variations?

If you have been notified of receiving a fine, or advised that you will likely receive one, please share your experiences with other readers in the comments below, and we shall endeavor to provide feedback.

Update Sep 2018

More about Fines for not having a Habitation Certificate:

• Failure of constructors to pay the taxes and fees to obtain habitation certificates has deprived the Turkish Treasury of substantial sums over previous years.
• This year fines are being levied upon the filing of tax returns- typically of villa owners that are generating holiday rental income... as with many things in Turkey, this is not yet applied with uniform consistency in all locations.
• Fines are also levied as the result of court action, for example, where a complaint is filed concerning an illegal construction, extension etc.
• The amnesty procedure provides for a cost effective way to collect the unpaid revenues due the Treasury- not a fine strictly speaking, but the revenues are collected just the same...
• After the amnesty expires, one would expect the enforcement measures to be applied with another step up in severity and compliance. 
• A reasonable presumption would be that this will ultimately lead to a prohibition of transfer of title at Land Registries on properties without iskan- meaning before you sell, you have to get the iskan; and this will likely be more costly after the amnesty expires. Finding buyers prepared to wait is not a viable sales strategy - how many will?
• The amount of the amnesty application cost, and the amount of fines being levied now, is not 'unreasonable' in the context of the initial cost payable for the iskan at the time previously.
• There is no telling what the fine may be in the future; it may have a punitive element in it; it may have an alternative procedure (the conventional procedure is exceptionally complicated, relies on third parties and can not be done by the home owner easily); it may have an indexed value; and it may likely be subject to increase by multiple percentages over the years, not unlike changes in the tax rates; so these are headaches hanging over a property owners head.

For these reasons this issue is not to be ignored, because it definitely will effect you, or your widow or heirs, the only question is when...and  perhaps that will be when you least expect it or can least deal with it.

More questions or clarification needed ? Find out more here…