Habitation Certificate Registrations

 

Have you applied for the Iskan Amnesty and received the assurance of a ‘habitation certificate’ with the new ‘Yapi Kagit Belgesi’ ?

 

Perhaps you may like to register it on your tapu, and thus finally eliminate all questions about your tapu status, now and for the future?

 

Brief Clarification of Issues Related to 'Habitation Certificate Registration on a Tapu:

Costs, Actions, Budgeting:

As mentioned, registering the ‘habitation certificate’ onto the Tapu is something that can be done while the owner is not in Turkey. There are minor additional costs, primarily associated with the authorisations needed from the owner delegated to the representative dealing with the matter on the owner’s behalf.

 

These costs vary depending on the location of the owner, and relate to the paper work entailed executing the authorisation; if done from outside of Turkey, there is the cost of document legalisation:

• Drafting of authorisation; it may be a very limited Power of Attorney to deal with the specific issues, or it may be a simpler form of instruction;
• Notarisation, for authentication;
• Apostille, done by the Foreign Office in the UK for example, or equivalent in the country where the owner is located; the apostille is the legalisation of the notarisation for cross border recognition, as per international treaty, The Hague Convention.
• Courier.
• Translation into Turkish, and local Turkish notarisation of the translation for authentication.

 

If done from within Turkey, then a) and e) apply.

 

Procedures:

The process of registering the habitation certificate should normally be reasonably simple, by way of direct request for a new tapu at the land registry, and the costs involved relate to the attendance to the matter with perhaps 2-4 visits, the time involved, and the costs of document issuance by the specific land registry.

 

Prior Assessment:

Regrettably, matters do not always proceed as normally they should, in Turkey. And so before budgeting these costs, it is necessary to have the existing Tapu documents in Turkey briefly assessed for additional related issues. 

 

Not One Stanrdised Process

Unexpected issues arise that should not, as mentioned in my previous articles. In the case of multiple owners on one particular site / sitesi, as we are seeing presently, it appears various matters and costs that should normally have been dealt with and absorbed in the initial process of having the Yapi Kagit Belgesi issued, have instead been allocated for action and cost disbursement during the process of having the ‘habitation certificate’ registered upon the Tapus.  This is unexpected, and like other aspects of the amnesty procedures, without precedent.

Explanations

A possible explanation is this: the original purpose of the iskan amnesty was to solve two, perhaps three common problems with regard to ‘habitation certificates’. Instead, a plethora of variations arose, with cases having different types of problems, and so different procedures were applied to deal with the different problems, rather than the two or three standardised procedures anticipated for the two or three intended problems. In other words, if your case does not fall into one of the two or three anticipated categories, the process for registering the ' habatitation certificate' for the various other types of cases will not have been anticipated, and is thus not standardised, and so various ‘work-around’ solutions may have been applied. Every case is different.

 

Back Ground Clarification - 'Habitation Certificates'

In closing this brief summary description of the situation, it should be pointed out for clarity that there is no specific document or terminology of ‘habitation certificate’ in the Turkish procedures. This is a word erroneously adapted from the Spanish experience, by Turkish real estate agents and developers in the interests of satisfying British clients. This erroneous terminology continues to be used by for convenience sake, by Turkish solicitors having insufficient comprehension of the English language combined with inadequate knowledge of cadastral regimes in the Anglo-Saxon world, and elsewhere. Instead, there are several different documents serving different purposes in the Turkish procedures, which when finalised, have the effect of conveying the more comprehensive UK terminology, meaning a property ‘fit for purpose as a residential dwelling’.  Within this meaning the Turkish procedures provide for differences of stage progression and regulatory approval. This is important in the context of my preceding paragraph above, but there is little reason to belabour the point further with the technical details, for the purpose of this article.

As ever, an owner may upload a scan of their tapu on the following link to obtain a general status assessment of whether your tapu has the ‘habitation certificate’ registered. 

Tapu Iskan Amnesty for Habitation Certificates: How to Reduce Expenses and Costs ?

More questions or clarification needed ? Find out more here…

Read more here or please email to:info@MyTapu.com by clicking here....   

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