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Tapu And Habitation Certificate

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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

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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. :)

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In Turkey there are a couple - or more- ways to get the electricity 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 don't have an officially recognizable 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 couldn't 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.

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  • 1 month later...

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

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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

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