yapi-kullen

[kevin b]

Does the estate agent not check a property has the proper habitation/living permission when they deal with sale?

[lewis.wensley]

so let me get this right! If you have a tapu that states ARSA and not  EV then the building that is on the land is NOT legal? So there for does this mean that the LP then has to be obtained on the build to make it legal? And how do you know if you have an LP?
jo

[Nick]

I think that it is a case of yes the agent should check the existence of the living permit but that they don't necessarily have to for them to sell the property, and certainly (as in our case) it may not be mentioned at all to the purchaser (along with several other important matters!).

I have heard that the electricity and water accounts can only be transferred into the purchasers name if the LP exists but I do not know this for sure. The only way that I was confident that we had a LP was when I went to the Belediye and asked - even then at first they couldn't find it because it was files under the name of the person who originally owned the land - not the builder.

The moral of the story? Use a good agent.

Oh it's so easy with hindsight!

[phil1839]

The living permission form is an A4 piece of paper with Yapi Kullanma Izin Belgesi in the top right hand corner and a registration number in the rt. hand corner.It has got lots of squares on it containing details of the builder the size of the parcel and the size of the building on the parcel with dates that the build commenced. Because we live in Uzumlu ours is signed and stamped by the Mayor of the Belediyesi, it is also signed and stamped by a Doctor who I presume states that the villa is fit to live in. Our form was in the possession of the estate agent, it is now with us.

[smudge]

Get this one, we have living permission on a villa and are now being taken to court and fined because the builder changed the project and as our name is on the tapu we are being blamed even though its obvious the changes took place at the construction stage. We have even been told by the planning dept to return the building as to the plan which is impossible. Strange that there are three identical villas on the plot, one owned by the land owner the other by the builder and ours is the only one the dept is interested in.
I leave you to guess how the living permission was obtained ?.
Beware of this builder/estate agent its not the first property they have done this to and doubt it will be the last, cant name and shame yet as we have instructed our lawyer to commence court action against them for theft and a number of other things related to the property, but they are not a million miles from the Nil bar on the med....

[cef]

Although this is an old thread it seems a good place to post a couple of links about Construction Laws - Habitation Certs, from Todays Zaman columnist Berk Sektir.

http://www.todayszaman.com/columnist-324465-turkish-construction-law-habitation-certificate-1.html

http://www.todayszaman.com/columnist-324664-turkish-construction-law-habitation-certificate-2.html

[Menthol]

Thank you for bringing back this old thread, Cef.

The 2nd article from the lawyer in Todays Zaman refers to a 'petition' as the No. 1 thing to have in place when applying for an iskan or any other form of application.

What does he mean by 'petition' please?

[cef]

Hi Menthol, I think a 'Petition' is an application to the court ie: filing a case against another.......

Here's quite a useful link about the Turkish legal system in English  

http://www.hukukiyardim.gov.tr/legal_aid/sayfalar/1.htm

[Menthol]

Wow! That's a brilliant link!

Thank you, Cef!

[cef]

My pleasure Menthol  

Just wish this type of info had been around a few years ago, it would have helped me make wiser choices............... or perhaps I've just got better at surfing the net