Morning folks, Hope you are all well.
I am after some advise on behalf of the site comittee for the complex where we have our apartment. We are having a problem getting our builder to sort out the habitation certificate and are getting differing advise from local lawyers as to the course of action required.
So details of your knowledge and experience would be appreciated
Who is responsible for obtainging and paying for the Certificate, the owner or the builder.
Where do we get it from.
Is it necessary to use the services of a lawyer to send a letter to the builder
If so do we need to use a notary to enforce this
Have you any ideas of the costs involved in the process
Many thanks in advance. Take care
Habitation Certificate
Started by
mead0ws
, Feb 11 2010 12:44 PM
9 replies to this topic
#2
Abi
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Puppy Guardian
Posted 11 February 2010 - 01:01 PM
As far as I am aware the builder has to provide the Habitation certificate, but in order to do that he has to prove that he has paid all taxes, paid his staff and their taxes. If he is slow in obtaining the certificate this might be why you haven't got one yet.
I am sure that some one else will be along who can give you more information.
I am sure that some one else will be along who can give you more information.
#3
Birneyboy
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Posted 08 June 2010 - 09:21 PM
Morning folks, Hope you are all well.
I am after some advise on behalf of the site comittee for the complex where we have our apartment. We are having a problem getting our builder to sort out the habitation certificate and are getting differing advise from local lawyers as to the course of action required.
So details of your knowledge and experience would be appreciated
Who is responsible for obtainging and paying for the Certificate, the owner or the builder.
Where do we get it from.
Is it necessary to use the services of a lawyer to send a letter to the builder
If so do we need to use a notary to enforce this
Have you any ideas of the costs involved in the process
Many thanks in advance. Take care
Hi Meadows,
I was also needing advice on the Habitation certificate ? I never new anything about this when we bought our apt on the Viva Mar site. We are still awaiting out Tapu since aplying in March. Does anyone know how we can chase up about the Tapu, As I keeping emailing Viva Mar team but no joy.
Cheers Ian.
#4
Abi
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Puppy Guardian
Posted 08 June 2010 - 09:39 PM
Hi and welcome to the forum Ian. I understand that there is a group or page set up on Facebook called VIVA MAR it is just for people buying there, maybe it might be a good idea to join as you will be able to address your concern there and at the same get to know your new neighbours. 
#5
Birneyboy
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Posted 08 June 2010 - 09:44 PM
Hi Abi
Thanks for the info, I will set myself up & go onto the site.
Regards
Ian
Thanks for the info, I will set myself up & go onto the site.
Regards
Ian
#6
ozsubasi
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Posted 05 July 2012 - 02:43 PM
Another rather aged thread, but as this problem still exists for some (if maybe not for the the thread creator) I would like to add my comments.
The Habitation Certificate is issued to the builder to confirm that all taxes have been paid and that the building is in accordance withe the planning permissions given. If it hasn't been issued, it could be for non compliance with either or both of these factors.
It is important to note that it is for the building, i.e.there are not individual certificates for each apartment within a block, so that when it is issued every owner should receive a copy of the same document. It is quite possible that in a complex comprising of e.g. four blocks, that some blocks may have a Certificate and others not.
If anyone is unsure as to whether or not they have one, they need only take a copy of their tapu to the Belediye and request a copy of the Iskan (the Turkish name for it). If it exists, they will provide a copy for a few lira. If it doesn't, ask them if they can tell you why. As is often the case in Turkey, it depends on how helpful they want to be as to the response you get, but hopefully you will get the details without having to involve a solicitor to get them for you. It may help to have someone Turkish (who speaks English) with you.
If there are debts outstanding they are the responsibility of the builder, but if this is not recoverable then it falls on the present owners to settle it between them before a Certificate can be issued.
If there is a problem with compliance to planning, then that is also the responsibility of the builder and corrective action would be required so that it does comply.
However, as above, if he can't be made to pay then it will fall on the owners.
Writing to the builder is an option, and I would suggest that this would carry more weight coming from a solicitor. The basic job of a notary is to confirm the identities of those who are signing a document. If you are using a solicitor the letter would come from them. If you are doing it yourself then you could have it notarized, but the notary would not follow up in the event of non or unsatisfactory reply. Notaries do not enforce anything.
The solicitor should be able to give you an idea of what their own and any court costs are likely to be.
However, bearing in mind that (in the case of outstanding debt) a government body has been unable to recover money from the builder, you may consider that your chances of getting him to settle are perhaps limited and you could incur additional costs and still have to settle the matter yourselves anyway. I would say that a solicitor should be able to look at the details and advise you of the likelihood of success, but as you have had conflicting advice, perhaps on one of the forums you could find someone who has used a solicitor before (successfully) in a property dispute who can make a recommendation.
The Habitation Certificate is issued to the builder to confirm that all taxes have been paid and that the building is in accordance withe the planning permissions given. If it hasn't been issued, it could be for non compliance with either or both of these factors.
It is important to note that it is for the building, i.e.there are not individual certificates for each apartment within a block, so that when it is issued every owner should receive a copy of the same document. It is quite possible that in a complex comprising of e.g. four blocks, that some blocks may have a Certificate and others not.
If anyone is unsure as to whether or not they have one, they need only take a copy of their tapu to the Belediye and request a copy of the Iskan (the Turkish name for it). If it exists, they will provide a copy for a few lira. If it doesn't, ask them if they can tell you why. As is often the case in Turkey, it depends on how helpful they want to be as to the response you get, but hopefully you will get the details without having to involve a solicitor to get them for you. It may help to have someone Turkish (who speaks English) with you.
If there are debts outstanding they are the responsibility of the builder, but if this is not recoverable then it falls on the present owners to settle it between them before a Certificate can be issued.
If there is a problem with compliance to planning, then that is also the responsibility of the builder and corrective action would be required so that it does comply.
However, as above, if he can't be made to pay then it will fall on the owners.
Writing to the builder is an option, and I would suggest that this would carry more weight coming from a solicitor. The basic job of a notary is to confirm the identities of those who are signing a document. If you are using a solicitor the letter would come from them. If you are doing it yourself then you could have it notarized, but the notary would not follow up in the event of non or unsatisfactory reply. Notaries do not enforce anything.
The solicitor should be able to give you an idea of what their own and any court costs are likely to be.
However, bearing in mind that (in the case of outstanding debt) a government body has been unable to recover money from the builder, you may consider that your chances of getting him to settle are perhaps limited and you could incur additional costs and still have to settle the matter yourselves anyway. I would say that a solicitor should be able to look at the details and advise you of the likelihood of success, but as you have had conflicting advice, perhaps on one of the forums you could find someone who has used a solicitor before (successfully) in a property dispute who can make a recommendation.
#7
Abi
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Puppy Guardian
Posted 05 July 2012 - 03:06 PM
Unfortunately I understand that the a number people on lost their properties on that site,.
Also just to add to your post Oz. Isn't there also be the case that if the planning permission has lapse, I think it's 5 years, if HC's haven't been given within that time that PP has to be applied for again before they can get a HC?
Also just to add to your post Oz. Isn't there also be the case that if the planning permission has lapse, I think it's 5 years, if HC's haven't been given within that time that PP has to be applied for again before they can get a HC?
#8
ozsubasi
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Posted 05 July 2012 - 05:10 PM
Yes the PP does lapse after 5 years and my understanding is that if the HC has not been issued by then it would have to be applied for again. Strangely though I've not heard of any instances of it actually happening. Perhaps it doesn't usually get that far before either it is resolved or action is taken such as you describe against the unfortunate people concerned.
#9
Abi
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Puppy Guardian
Posted 05 July 2012 - 05:24 PM
Unfortunately I have read about that happening on other forums. So anyone buying a building that has not been completed or even started should check when the planning permission was granted.
#10
ozsubasi
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Posted 06 July 2012 - 09:29 AM
Good advice. For a newly completed building, there should be no reason why the habitation certificate is not already in place, so prospective buyers should be wary of promises that it is in the pipeline. A builder who operates within the planning permissions and who is not dependent on sales to complete a development will have no problems in obtaining it.
