9 replies to this topic

[jakkigers]

I am hoping that somebody here can put me straight as I seem to be getting mixed messages. I bought an apartment on the Bodrum peninsula in April 2008. We still remain very pleased with and have spent many happy months there already.

This year we were finally given our Tapu for the apartment - the Tapu Irtifaki that is. We know that we need the Tapu Mulkiyeti which will only be issued when the habitation certificate is issued.

This is where my confusion arises. I have read that a complex (ours is a small one of six apartments) cannot obtain municipal services (ie water and electricity) without having a habitation certificate issued. Our complex has both water and electricity supplies and this year we got both electric and water in our own name which means that we now pay our own bills (direct debit for the electric and at the belediye for the water). How can we have done this if a habitation certificate hasn't been issued?

We keep asking the developer for the habitation certificate - he assures that he is in talks with the belediye and is negotiating a satisfactory price for the habitation certificate.

Now if there is already a habitation certificate in place (which I am assuming there must be as we have municipal services in our names), is the developer lying to us - and for what reason?

Jak xx

[Abi]

Hi Jak, I have heard of complexes where people have their meters for electric and water in their name before they get their HC but they seem to pay a developers rate which is more expensive than what you would normally pay, after they get their HC and Tapu with the tick in the right box the rate they pay is then changed to the regular lower one. If you are paying at the regular rate then you are very lucky.

[jakkigers]

Well I've checked the bills and it says that we are paying domestic rate - so I am wondering if there is actually an HC for our complex but the builder isn't telling us.

[Abi]

Maybe it might be worth a visit to the Tapu office and make some inquiries they should check in the register as well as the computer.

[jakkigers]

Thanks - back out to Bodrum at the beginning of April and will do that.

Jak xx

[lawyernaz]

The electricity and the water can be provided and also returned to domestic form.
It is not a proof that the bills are on the domestic form.
You must ask to the municipality id there is a declared habitation certificate then title deed office.

I hope you can find it out.

[jakkigers]

Thank you all for your help.

Jak xx

[saffron]

In Turkey there are a couple - or more- ways to get the electricty and water services, though it is not supposed to be so, if the municipal rules are to be observed.Just to give an example: This is my forth year in Fethiye and the third house I lived. I dont have an officially recognazible address yet!!In the former house I lived, the power counter I used was registered as the counter for apartment building's lightning. As the house -the roof-was built without an official permission and naturally no habitation certificate it had..
In the new house there is a different story-trick that I couldnt have solved thus far.
Under normal circumstances, the constructor of the house must obtain a habitation certificate after all the work, including all kind of installations, is finished. And as far as I know, with that certificate one should go to the tapu office.

[Myfanwy]

Once you have a TAPU, you can apply for services in your own name.

Below I provide a "potted version" of my understanding of a Habitation Certificate -


Habitation Certificate (Iskan Belgesi) example

(the following must not be construed as legal advice – it is merely for information purposes only)

A builder submits plans to the Council for a new build, he also requests Planning and Building Permissions using an architect etc. The Council gives the go-ahead for the build and the builder prepares and builds the foundations. At this point, the Council will then attend the building site, examine the foundations and, provided they comply with all necessary Turkish building regulations, and comply with the measurements on the submitted plans, the Council again gives the go-ahead to proceed. The builder completes the building – perhaps initially just one block, or the whole Project.

Once, for example, a block has been completed, the builder can sell the completed apartments – and when he does, the TAPU (Title Deed) will show KAT IRTIFAKI (ownership not ready to use).

This is because no Habitation Certificate has yet been granted because the build – as a whole Project - has not been confirmed as completed by the Council.

However, once the build – as a whole Project - is complete, the builder then returns to the Council requesting that it attends the final build - (a) to confirm it complies with all the necessary building/planning permissions and ( to grant a Habitation Certificate.

1. The building must comply with the Planning Permissions etc which have been granted by the Council.

2. Additionally, and more importantly, the builder must at this stage pay all outstanding Government Taxes, National Insurance for his workers etc.

If (1) and (2) have been complied with, the Council will grant a Habitation Certificate. provided the builder pays the final various taxes due. The TAPU will then show KAT MULKIYETI (ownership ready to use).

However please note : -

A Habitation Certificate will NOT be granted by the Council if the final build does NOT conform to the submitted plans (e.g. the build has an extra floor OR the build is larger/wider than originally planned etc.) OR the builder does not pay his taxes/staff National Insurance etc.

Therefore, a Habitation Certificate is a Council document which they place on the building's file effectively closing the file having confirmed for its own purposes that the building conforms with all necessary regulations, permissions and that all taxes have been paid.

Generally

Therefore it may be that some builds do not have a Habitation Certificate because they do not conform with the original plans. Alternatively, some builds do not have a Habitation Certificate because the builder has not paid the final taxes/National Insurance due.

In either case, realistically it is down to the builder to resolve the matter but if he does not have the available finances to do so, then the Habitation Certificate will remain outstanding.

[jakkigers]

Thanks for that. What I really need to know are what are the ramifications if the builder does not apply for the habitation certificate. I will try and explain the situation a little.

We bought an apartment on a small complex of six apartments. We have the Tapu in our name - the Tapu is Kat Irtifaki. It is dated 26/02/2010. Also on the Tapu is the date 27/06/2007 against the words Yonetim Plani - this, we assume, is when planning permission was granted. I read somewhere that a builder has 5 years in which to apply for the HC from the date of the planning permission granted.

We have both electric and water meters in our own names - electricity is paid through direct debit from the bank and we pay the water at the belediye.

What I really need to know is what could happen to us if the builder does not apply for the habitation certificate? At the moment, we are happy in our little house in Turkey with Tapu Kat Irtifaki, paying the electric and water to the relevant companies.

Could anything come along and "bite us on the bum" with none of the apartments on the site having an HC?

Jak xx