Calis Beach and Fethiye Turkey Discussion Forum
Calis Beach Forum => Expat & Property Owners Q and A Forum => Topic started by: tonk on July 28, 2013, 10:23:59 AM
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Hi Folks,
We purchased our apartment on a small complex last year with the tapu and insurance all sorted in less than 8 weeks. Recently we have been informed that the builder Hanel Homes had not submitted documentation to the belediye to change the construction from hotel complex to individual addresses and the belediye are now saying it is too late as there was a time limit in place and this has now expired. Due to a new insurance database for DASK that insurers hook into to get your address details it is now not possible to get DASK because we don't have an official address. Our current DASK runs out in October so any advice on how we might sort this would be greatly appreciated.
NB
We are told that one insurer will do DASK based on the tapu parcel but they may then not pay out in the event of earthquake damage
Any ideas perhaps contacts in the belediyewho might be able to help?
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Sorry to read about your problems Tonk :(
There have been numerous problems with 'Hanel' properties unfortunately. It sounds like you're saying that your complex doesn't have it's Iskan (Habitation) certificate?
Who was responsible for checking all the paperwork when you purchased? Did you have a lawyer and/ or an agent when you purchased?
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What about all the others on the complex . How do they stand wıth Dask?
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It sounds as if from the info that Tonk has posted that this is the same complex that as ours.
To clarify matters we are being told that the land was registered for tourist use (hotel etc), and in this case apartments where built on tourist registered land and this use had not been changed with the Belediye.
I certainly have a Tapu which has the KAT MULKILETI boxed ticked and it has always been my understanding that this gives individual ownership of that property and also that it is stand alone from any others on the site.
The issue here I believe is that although properties have been built and sold with full Tapu with what is known as living permission the land was still registered for tourism use.
According to the Belediye the time frame for changing this use has passed.
With little additional information at present I am unsure what action can be taken to resolve this, but I am confused as to how these apartments, some as recently as last year could have been sold without the lawyers dealing with the purchase noticing the registered use of the land.
I am fully aware that in Turkey things are somewhat different to the UK and I know I shouldn't assume but does anyone know if the registered use of the land is noted when a property is purchased? >:(
Your thoughts as always are welcome :)
Ps It is also my understanding that is an issue for all owners on the site and not individuals.
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I'm not aware of any residential complex built on tourism land that has changed the land type. Buildings on tourism land are just that, according to the original plan.
Sent from my iPhone using Tapatalk 2
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It sounds as if from the info that Tonk has posted that this is the same complex that as ours.
To clarify matters we are being told that the land was registered for tourist use (hotel etc), and in this case apartments where built on tourist registered land and this use had not been changed with the Belediye.
I certainly have a Tapu which has the KAT MULKILETI boxed ticked and it has always been my understanding that this gives individual ownership of that property and also that it is stand alone from any others on the site.
The issue here I believe is that although properties have been built and sold with full Tapu with what is known as living permission the land was still registered for tourism use.
According to the Belediye the time frame for changing this use has passed.
With little additional information at present I am unsure what action can be taken to resolve this, but I am confused as to how these apartments, some as recently as last year could have been sold without the lawyers dealing with the purchase noticing the registered use of the land.
I am fully aware that in Turkey things are somewhat different to the UK and I know I shouldn't assume but does anyone know if the registered use of the land is noted when a property is purchased? >:(
Your thoughts as always are welcome :)
Ps It is also my understanding that is an issue for all owners on the site and not individuals.
Hi Teetee & Tonk
I found this link quite useful, hope it will help clarify some things for you, good luck.
http://www.affidata.co.uk/sh/property-for-sale/turkish-title-deed-tapu
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Sorry for the bac-2-bac posts.
I just wanted to add that I remember seeing a thread not so long ago about other's who couldn't get DASK & were told 'their address' didn't exist... I think, they found out that a new (maybe computerised) system had been introduced which had not yet caught up with everything. They got it fixed & got their DASK ok in the end, I hope this is the case for you guys :)
A search for 'DASK' might be helpful to you.
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Cef thanks for the information I was reasonably clear on the Tapu side of things but this issue does appear to have come about by the linking of a new computer system for the registration of DASK.
I have been informed that the dodgy builder Hanel had applied to have the land changed from what we have been told is tourist land, although I am always sceptical of what I am told has come from Hanel but they have been told time has run out.
We have been informed that individual address cannot be obtained to allow the individual purchase of DASK, which quite frankly I cannot of the life of me see why as we all have individual electric, water and council tax numbers we cannot get individual DASK.
I feel another long drawn out sage like we had to separate the electricity to individual meters instead of a whole site one.
Once again the full force of incompetence from Hanel Houses prevails which some of us have endured for years.
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Hi Teetee, what the council are saying doesn't make any sense! You have your Tapu & Habitation Cert which means that they 'inspected & verified that the building complied with the planning permission they granted & that all outstanding Taxes & SKG was paid!, otherwise they wouldn't have issued the Hab cert.....?
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Hi Cef I know but I am only going on the info received and as I have also said this does not make sense.
I will wait to see what our site representative finds out.
Watch this space!!!
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Good luck Teetee, look forward to hearing they found your properties & it was all just another administrative b&lls up :)
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Good luck Teetee, look forward to hearing they found your properties & it was all just another administrative b&lls up :)
Sorry for the lack of input here chaps but my dongle was playing up. Many thanks to all for their posts so far and hello to my neighbour teetee. I can also confirm we have a tapu with habitation and we have friends at the coucil who are trying to see what can be done to sort this situation plus our lawyer is ready to progress this if needed. I'm on a notepad so going into great detail is painful so i'll cut short for now and lets see what transpires
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Can I ask, what does it say on your tapus where this one says "Mesken"?
(http://www.calis-beach.co.uk/hc.jpg)
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Scunner ours is as the picture below, although it does not line up in the boxes as well as the example you have added and having gone through what the boxes mean from details given by cef it was my understanding that the Tapu said under Niteligi was dwelling.
Currently one of the owners who is over is dealing with the Belediye to see if this can be resolved, which indications at the moment are that this may well be possible.
It is still my assumption that there has been a data input issue somewhere that needs to be corrected, how easy this is remains to be seen!!!
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Hiya, I've just found this link to the change in the Iskan law 2009. All in Turkish I'm afraid, you'll need the help of a friendly local to translate :)
My understanding is that the Developer/Builder is now being chased & made to pay for the Iskan/Hab certs, payments due & issue of, not the buyer - who has already paid their share by paying for the property in the first place :)
(ref: Law No. 5543/2006 Settlement Act)
http://eudo-citizenship.eu/databases/national-citizenship-laws/?search=1&country=Turkey
http://www.resmigazete.gov.tr/eskiler/2006/09/20060926-1.htm
This info may also be of use to Savoyboy, if anyone is in contact with him at the mo.
Good luck
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cef thanks for this additional information. I have had a brief look at the document you refer to and I am not able to see where this relates to our situation, although I am in no way saying that there maybe something in there that relates to this situation.
Depending on what additional feed back the owners get back from the Belediye I will ask them to see if this document/law has any relavents.
The saga continues...........
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No probs teetee, to be honest I wasn't sure 'if' the new law will help you or not, rather depends on what your problem turns out to be :)
I 'plonked' the link here as it's entitled DASK & thought the info may help other's searching for info on Iskan/DASK :)
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It doesn't make sense though.
Properties aren't be sold without Dask so when you got the Tapu last year, there must have been a Dask insurance.
Have you checked this?
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Duchie, in the past we have had DASK but on looking to renew this year and as the system has now become computerised this is saying our complex is registered as a hotel/tourist property.
If all other owners are like us we have a proper Tapu with living permission and all the correct boxes ticked. We have our own council tax number, water and electric accounts and have had DASK in the past as well as contents insurance.
My thoughts are that someone somewhere just needs to amend the infomation on this wonderful computer to say that instead of one property listed as a hotel there are a number of individual properties...........simples ;)
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I understand and fully agree with you.
If only it was that simple :o
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We are told that one insurer will do DASK based on the tapu parcel but they may then not pay out in the event of earthquake damage
Not surprised as all DASK insurance is issued by the Government "Quango" TCIP and not private insurers . Its the reason that our new insurers wanted full details of the existing DASK so they could continue the policy and issue the DASK cover note on behalf of the Quango. In the event of a claim your top up insurers will deduct the value that the DASK would /should have given from any payment so you cannot get round it that way.
http://www.tcip.gov.tr/ (http://www.tcip.gov.tr/)
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I understand and fully agree with you.
If only it was that simple :o
Hi TT,
You probably got the email from my wife but just in case you didn't all you need do is go Hallil at the Belediye with your tapu. He'll arrange a visit to Thera to map your tapu parcel to an official address then input this onto the DASK database. When you need DASK the insurer will then be able to find this address and give you a quote.
Tonk
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Tonk, just found the email in my junk mail but have responded to this but thanks for the update.