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Property in Turkey? Questions? Habitation Certificates, Yapi Kayit Belgesi, Iskan…. Answers & Advice….

Thu, 17 Jan 2019 02:12:59 +0300

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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Property in Turkey? Questions?

Thu, 10 Jan 2019 23:06:38 +0300

Habitation Iskan Amnesty…?

Thu, 27 Sep 2018 11:11:37 +0300

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.... >

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

Building Trusted Relationships is Building Our Business...!
See What Our Clients Say About Us...

What does mytapu say? Enforcement of Habitation Certificate...?

Wed, 28 Feb 2018 22:05:05 +0300

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…

No Habitation Certificate ?

Un-authorised additions and changes to your property ?

Fix it all with the ‘Iskan Amnesty’ ... Read more here….

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

Building Trusted Relationships is Building Our Business...!
See What Our Clients Say About Us...

What does my Tapu say? What is a Tapu?

Wed, 29 Nov 2017 18:29:01 +0300

What does my Tapu say? What is a Tapu?

A Tapu for Turkish property is often referred to in English as a title deed, but it is not a deed. The term ‘deed’ has a specific legal meaning in English, and the legal meaning of the term ‘deed’ does not apply to a Turkish Tapu. On the top of a Turkish property Tapu is the title 'Tapu Senedi'. The term 'Senedi' refers to a type of 'bond' or 'obligation' originating from Ottoman property administration regime and practices, which in simple generalisation, are associated with the Unique Authority of the Sultans, having a context and meaning for which there is no equivalent in the English language. The Turkish cadastral regime and Land Registry framework has other similarly unique aspects and dimensions, that were inherited from the Ottomans by the cadastral regimes with other legal practices, in present day countries which were formerly lands of the Ottoman Empire, including Cyprus, Greece, Bulgaria, North Makedonya, and Albania, etc. These aspects are without equivalence in other regions of the World.

A Tapu is a certificate from a Turkish Land Registry providing a record of all ownership and cadastral information held on file for a property at that Land Registry. Yes a recently issued Tapu certificate does provide evidence of ownership on the date upon which it was issued, but only an inspection of the Land Registry files can be used as evidence of the current ownership. This is because in modern times there are no title deeds issued to secure ownership in real estate in Turkey. All ownership is recorded in a registry, at the Land Registry. This is where a property owners proof of ownership rests, at the Land Registry. A property owner may go there at will and obtain a Tapu as a record evidencing ownership of his or her property.

An owner may always go and get a copy of the Tapu from the Land Registry if an older version is lost or damaged.

More questions and clarification needed ? Find out more here…

No Habitation Certificate ?

Un-authorised additions and changes to your property ?

Fix it all with the ‘Iskan Amnesty’ …. Read more here…

What does my Tapu say? Irtifaki or mulkiyeti

Thu, 23 Nov 2017 14:23:37 +0300

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.comand 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.

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

Building Trusted Relationships is Building Our Business...!

See What Our Clients Say About Us...

What does my Tapu say? Habitation certificate?

Sun, 19 Nov 2017 19:01:52 +0300

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’ ...