Calis Beach and Fethiye Turkey Discussion Forum
Other Local Resorts & Areas => Uzumlu Discussion Forum => Topic started by: C-E on February 09, 2010, 11:30:11 AM
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We have a problem obtaining our Tapu in our name as we are British.
We bought a plot of land in Oct 2007 through Decor Emlak & had a bungalow built. Started 24.12.07 and completed 24.06.08
The land that we bought was Arsa (as shown on the owners Tapu and on the Tapu obtain by the builder for us in his company name).
The local council passed plans to build (permit given) and they have also given living permission.
But we are still not able to get the Tapu in our name.
Can anyone shed any light on what we can do to obtain the tapu in our name.
We are aware that this issue has been raised before.
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I would go and see a solicitor...
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I think possibly this situation rectified itself at the end of last year. There were problems which I heard were resolved. One guy worth a chat with would be Ronnie at the Irish Bar in Fethiye, he was involved in this subject and posted that he got a positive outcome.
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We have seen a solicitor Nichola. She spoke to the builder that is all. (Sol Gul Tannal) She did not even do any investigation herself.
Baris at Baris consultancy has been more helpful and sow has Andrew & Sharron Brookes.
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Scunner: can you pass our details on to Ronnie and ask him to contact us pls.
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Why was the Tapu put in the builders name at the beginning?
The only reason I can think of, that would cause a problem, is if it was agricultural land which can only be owned by Turks.
If that is the case the only thing I think you can do is to start a Turkish company and have the Tapu in that name with you as directors.
Just a thought....
Fi
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CE as far as I am aware the living permission is not given until the house tapu is issued. Have you been paying Council tax etc? If so, I would think the tapu has been issued in the builders name and, in theory, he owns the house.
If that IS the case you might have a serious legal problem.
No doubt someone will correct me if I am wrong, KKOB or Scunner will know.
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for the good order: the tapu of the land could be transferrd at any time. Povided it is ARSA and it has passed the Militay Approval from Izmir (for Tarla it is somehow different, involving Turkish Ltd,...)
As soon as the building is finished (the owner of the tapu is also the owner of the house on it) the constructor has to prove to the belediye that he has paid all his social securities for his workers and his mandatory insurances during construction works.
This proof is issued by Mugla, and based on that paper, the belediye will give the iskan (living permission) and then you (actually the owner of the land) have to go to the tapu office, show the iskan ( which proves that everything is okay and done according to the building regulations) to have the house registered on the land.
Somebody will come to the plot and make a statement about that.
Afterwards you (again the owner) has to go to the belediye again to register (with your newly issued tapu)the house there as well, and that is when the belediye calculates the value of your house (based on the iskan) for tax purposes (your annual property tax).
If you did not transfer the arsa at any point during the construction, and it has not been done yet, that means that you now have to transfer a house to your name, which could mean that some of the steps I mentioned before will not be applicable to/done by you, but also by the constructor, if he is still the owner.
Still no reason to worry, because so far he has been paying for all the registration costs then.
The catch will depend on your contract: does it stipulate that you buy a house of him, or that he builds FOR you.
Probably, your contract will say that you buy a house from him, for the very simple reason, that there is money to be saved by the constructor, if he -in some way can declare- that the house is not bigger than 150 M2. Let me explain: if the house is not bigger than 150 M2, only 1% KDV is payable.... Maybe all of this is getting far too complicated. But if the constructor can get 18% KDV from you in the price offer he gave, and only declare 1% because of size, he stands to pocket the remainer 17%....
So, that is why most of the time, you will buy a house instead of building yourself, and that is why the constructor will go thru all the strouble of registering himself.
If you are still not clear about some things, feel free to ask. Sorry for this long comment, but this is Turkey, and nothing is explained easily (nor is it easy!!!)
One last thing: the ministry of forest and agriculture is working hard (especially in agricultural areas as also Üzümlü is, to prevent building on Tarla... But, as I read from your first post, you declare that it stipulated ARSA on the TAPU (did you see the original Tapu, and if so, what colour was it?)
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Thanks ilrifugio for all that & it infact did make sense & yes we did understand it.
We only saw a copies of the tapu's. (Black & White)
Living permission has been granted, as far as we understand the military search has been done but a problem has arisen (what we dont know as yet)
During construction the land classification has changed.
For the build it was classed as Arsa (shown on Tapu in builder's name) and from what we have been advised the goverment have now reclassed the land as PLANTING LAND (if this makes any sense)
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Christine, Get in touch with UzumluH2O (Phil) via this site. It seems you now have the same problem he has.
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Thanks Eric I have just sent him a message to contact us.
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Chris he's on his way driving here so it may be a while before he answers.
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Hi Christine not sure if it is the same problem you are having but you may want to speak to Mustafa the local builder in Uzumlu, he has a office near The Grapes, who has in the last few weeks dealt direct with the Izmir planning office to get Tarla to Arsa land Tapu's finished and transfered to 2 seperate British owners here, this was despite the local Uzumlu office saying it was not possible to do this for foreigners!
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Thanks corbindallas I think our Builder is talking to him. But we will call in on him and have a chat too.
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The agent we are buying our villa from as agreed that, in the contact, they will deliver the TAPU with living permission on completion. Is this the best way to secure the living permission?
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If it involves money it is. In other words, don't just have the contract say it, have the contract say you will pay the final [insert huge figure] on delivery of tapu + habitation certificate. If you just state it in the contract, you might just end up with a "take it or leave it" conclusion to your purchase, where "leave it" involves the builder having loads of your money previously and you needing to get that back.