Author Topic: Living Permission  (Read 2117 times)

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Offline pigeon

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Living Permission
« on: June 10, 2012, 11:42:43 AM »
If you buy a property with out living permision, how do go about obtaining it. ???



Offline Eric

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Re: Living Permission
« Reply #1 on: June 10, 2012, 19:59:42 PM »
I would be VERY wary buying a property without living permission.  If it does not have that then there is no Tapu as you need LP to get the Tapu.  If there is no Tapu I am at a loss asto how you can actually buy it.  In my opinion, no LP = no Tapu = building is potentially illegal!

Offline Firo

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Re: Living Permission
« Reply #2 on: June 10, 2012, 20:10:20 PM »
Surely it's up to the seller to get the Living Permission for any potential buyer? The old caveat comes to mind...buyer beware!

Offline mac2010

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Re: Living Permission
« Reply #3 on: June 11, 2012, 07:53:53 AM »
I think eric has it slightly wrong. Living permission DOES NOT mean no Tapu it means that after a Tapu has been issued a second box needs to be ticked which envolves it being signed off by the council when eveything has been checked to be correct ie Electrics,water, sewage,building specs..Even with no living permission a Tapu is still a legal document showing the owners details and that can not be easerly dismissed.I hope this helps.

Offline Scunner

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Re: Living Permission
« Reply #4 on: June 11, 2012, 20:34:06 PM »
Many properties in the area have tapu but no living permission - at one time it was not really that important because you can live in the property etc - but in more recent times it has tightened up considerably and it is very difficult to sell (or in precise terms find someone who will sell) the property - as ultimately it will need to be done. Another reason that a large number of properties don't have it is that it is not cheap and builders don't do it. The buyers get a tapu but not the "final tapu" with living permission/habitation licence. Sadly, that means that something you paid for hasn't been delivered and it is most likely that you will have to find the money to get it -and we are not talking small money - we are potentially talking thousands of pounds.

I started a topic on the old board saying that the one most important thing in buying an apartment these days, and that is the cross in the kat mulkiyeti box (showing full permission to occupy the building). I should also say that sometimes the box isn't crossed but the kat mulkiyeti can appear in the typed text on the tapu. If it has neither, it doesn't have living permission. To be clear, it doesn't follow a property without living permission was illegally built.

To answer the question - I think it would be extremely difficult for a non-Turkish speaking Brit to achieve. I'd recommend using a solicitor - contact me if you want a specific recommendation.

Offline padraig

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Re: Living Permission
« Reply #5 on: June 13, 2012, 20:40:14 PM »
As someone who is currently waiting for a series of events to fall into place in order to complete the LP process I can say it is very frustrating and can take a long time. Scunners point on not being a fluent speaker in turkish is a problem and i am lucky as my partner is Turkish and without her I would be a few stages back down the road. The only advice based on my own experience is that take a visit to the Belediye office and try and find out the reason your property does not have living permission. Then you can start to do the leg work which could involve going to see the architect if he is the root of your problem or it could be the developer/builder has unpaid sigorta outstanding to the SGK. It might be that if
you have no native speaker you can lean on then a Turkish lawyer might be the best option although once again the costs will start to mount. The process will be lengthy and very frustrating and if you live in an apartment the problem can be even more difficult. Good luck.

Offline cef

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Re: Living Permission
« Reply #6 on: June 17, 2012, 11:15:33 AM »
Why not ask Mustafa Ergur, Ken?




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