yapi-kullen

[lance]

does anyone know anything about the permission to live rules and can you contest them cheers.

[tinkerman]

Has you permission to live been revoked lance?

[loz]

Lance I have just learnt of this new(ish) ruling, we had the debacle over Habitation Certificates now the powers that be are asking for "living Permissions" and to think we say the UK has gone barking bloody mad!

Our house was built 4-5 years ago and now we have been told to go in search of our builder to obtain this small doc to declare, as far as I am concerned they can now go figure!!!!

Fed Up

[lance]

no tinks not yet but there is talk about it the site is nearly 5 years old and not finished yet can you help .i thought maybe members could help me do  they still have there weekly meeting in calis.


[/quote]

[Diverbaz 1]

Loz/Lance

Who is asking for said certificate?

Baz

[lance]

no one at the moment baz but there a few unhappy people talking about it .


Loz/Lance

Who is asking for said certificate?

Baz
[/quote]

[loz]

The Agent that asked for this info from us for selling our house is reputable, but the living permission subject has been bugging me, I wrote about this back in 2005  

quote:Dwelling Purchase

Check the Deeds (Tapu) before buying a house to see if the deed is a house (EV) or a land deed (ARSA). If the Deed shows a house then the living permission has been obtained and the building has been constructed within the regulations. However, if the Deed shows ARSA permission will not have been obtained so the property will not be legal. Why? If you buy a property without the correct deed you take a big risk. You have been warned! By the way you cannot be connected to domestic mains water and electricity without the building permission either.

It is wise to check that the land that surrounds a house is also included with the deed

So unless there has been an update and the lawyer is not aware then I will ignore this request as our Tapu clearly states not Arsa but a house on the land confirming that the property has living permission. I will stick with the lawyers reply.

[Diverbaz 1]

Just checked our Tapu and it does state ARSA and the amount of land area, this for an appartment in a block of 4, I do not know if that makes a difference. All utilities are in our name and the names of other owners of relevant appartments.
It was a new build and everything was cleared by the military check, there is also another British couple in the block, the other residents being Turkish.

Baz

[Phil]

I may be making a rod for my own back by contributing to this thread as I am not an
"expert" but I have just been through the process of getting this bit of paper.

My own experiences are that :

1. If you want to build a house you pay a fee and  apply for "Construction Permission"  
just like UK planning permission.

2. The Construction Permission is granted, subject to all the planning requirements
having been met.

3. The Construction permission is valid for 5 years.

4. Within the 5 years you have to construct the property.

5. Once it is completed the process of getting the bit of paper starts. I have heard this
called Habitation Licence and Living Permission. It's actually called a Yapi Kullanma
Izin Belgesi. It has nothing to do with residency,

6 To get this bit of paper requires a whole heap of bureaucratic procedures.

These include getting the original Architect to "sign off" the building (which might
involve a fee), getting the building inspected by the planning authorities to confirm
that it has been constructed in accordance with the original plans and you also have to
pay a buildings tax.

You can't do any of these things unless the building is finished and habitable (which I
understand needs bathrooms and kitchens fitted  to qualify ) and also the swimming
pool  and terrace if these were shown on the original plans.

You also have to prove that all the SSK payments have been made during the
construction. This is a sort of Insurance for the building site usually paid by the
builder.


7. Once you have the Yapi Kullanma Izin Belgesi you can then go to the Deeds Office
(pay more money) and get the building registered on the Land Deeds. This has to be
done within 6 months of obtaining the Yapi Kullanma Izin Belgesi. You can also get
the water and electric connected and changed to the domestic tariff.

The thing to bear in mind that all this has to be done within 5 years. If the process is
not completed you have to back to the beginning and start all over again. This
involves reapplying (and paying) for Construction Permission and paying some
penalties as you go.

This whole process does involve a lot of work and paying out money at every stage.
During my endeavours to get this all sorted out I did meet a (Turkish) Estate Agent
who said that he thought there could be a lot of people living in houses for which this
process had not been completed by the builder and the owners where living in blissful
ignorance. I can't see this being true myself.

The bureucracy all sounds a bit nightmarish but is really isn't much different from the processes we
have in the UK.

Please bear in mind that all this is my experience - it shouldn't be taken as a
definitive, legal answer.The experts will correct the errors. My experience was for a house,
I assume there will be differences for apartments.

All this proves that you should NEVER buy direct from ANY builder or developer
and you should ALWAYS buy through a reputable agent.

[Nick]

I've just noticed that Phil has responded in detail about this and what he has said is pretty much as how it was explained to me by a reputable agent in Kas.

Depite buying our place about four years ago we knew nothing about the living permit until a few months ago, the agent we bought through never mentioned it.  

The (reputable)agent I spoke to said that in the event that the builder hadn't sorted out the LP on completion it could be a very expensive process to get the building signed off and it was likely that the cost would have to be met by us.

Fortunately, in our case, a LP did exist and I was able to get a copy (free)from the Belediye(our original agent was most unhelpful despite owining an apartment in the same development).

The LP gives details of the size of the building (or each apartment) and the land that forms part of the same tapu and describes the building materials and services such as water etc. As Phil said, it is entirely seperate from the tapu.

I have also been told that the properties should not be sold without the LP, although obviously it does happen.