RESPONSE FROM ROKA RESTORANT OWNER
1. Let me introduce myself and why I have taken this action.
I was an officer for 27 years in the Turkish Air Force. My last 7 years in the Air Force I was a trainer who trained hundreds of young officers. I was a Colonel and with this rank I did my Masters degree in Izmir, Dokuz Eylul University.
The reason for this explanation of myself is that I have had a great education. I know the law and always uphold Turkish laws. It is always my mission to protect all the people in my Country. My father was also a soldier and my family always taught us to act within the law.
Now, I am the only person who lives in Mizaj site thinking about how to get the Habitation Certificate and nothing else. But some people, have tried to stop the working of the law in my country and these people continue to move on without any thought (like me who trust in the law; my Turkish and English neighbours are the same)
According to the laws of the Republic of Turkey, The Manzara Construction, without requesting any money must get the Habitation Certificates. This is its legal responsibility and VERY IMPORTANT.
The Republic of Turkey is a country with law and this law must be followed. You all, as foreigners living in Turkey are protected by these laws and have rights protected by these laws, just as you are expected to follow these laws.
In reality, the people who pay Manzara construction extra money are preventing the law from working and they become complicit with the defrauding of other foreigners.
Even though Manzara has the means to pay, they choose the easy way and are benefitting from the fears of foreigners
2. You all, have not taken a decision to join together to fight this illegal situation, which means you have all also chosen the easy way. Later you all paid this money to Manzara even though they had no legal right to ask for this. Further, you all tried to show this behaviour as being legal. This is very sad.
The saddest thing is, is you all blackened me and my business. You should have all shown your determination to follow the law to Manzara. That is also why, many English people over and over again are abused and they will pay money. They will get ripped off. I will also do my best, before the Turkish law, because of the accusations of my English neighbours.
People should know the reality, those who are making my name and my business bad and those pressing me to pay this money, the authorities will find those responsible for making this bad propaganda against me.
For me, the important part is keeping my honour, not the 2,000 or 4,000 TL.
Those who follow the law must be together against those who do not follow the law. Not spending 2,000 TL against these people is real honour.
Our English friends, who believe in the importance of Turkish law, always trust and believe us.
As you all know, Manzara Ltd. sold the property and to enable them to get the Habitation Certificates, Manzara wanted 2,000TL per property from the individual property owners to obtain these certificates, although we bought the properties from Manzara, they should have obtained the Habitation Certificates with the certified projects construction licenses. This is totally the legal responsibility of Manzara.
We didn’t have any commitment to obtain the Habitation Certificates. The Habitation Certificate fee is 110 TL and per individual property should pay 274 TL to the Tax Office. In total they should collect 374 TL per property, but they wanted 2,000 TL and I reacted against this 2,000 TL. This is not right to want this money. One month ago, myself and my neighbours, wanted their Habitation Certificates. Asking for this sum of 2000 TL amounts, legally to Unjust Enrichment, and this has disturbed me enormously.
The No. 3194 Law. LAW ON LAND DEVELOPMENT PLANNING AND CONTROL, Article 30; states it is the builders responsibility
(Occupancy permit: Article 30- It is mandatory to obtain occupancy permits from the municipality or governorship (…)1 offices which issued the building permit in order to use the entire structure
if the construction is completed fully, or part of the structure in case of partial completion; or
from the relevant municipality or governorship for the complete or partial use of structures
not subject to permit pursuant to Article 27. Upon application of the property owner, it is
necessary to determine whether the structure is in conformity with the building permit and
annexes thereof and that there is no technical obstacle to use it. Municipalities and governorships1 must conclude the applications of the owners of the property within thirty days. Otherwise, the occupancy permit shall be deemed granted to the entire structure or the finished part.1
The permit issued pursuant to this Article shall not relieve the property owner of any
liability arising from the violation of laws or the permit and annexes thereof or any obligation
to pay any sort of taxes, duties and charges.
- It is also their responsibility to pay their workers SGK insurance not our responsibility as home owners. Instead of wanting 374 TL they wanted 2,000 TL as they want the Home Owners to pay their Government debts, which is why my reaction concerning this is correct, this subject has been misunderstood, by some of my neighbours.
This is victimisation by Manzara, and to stop construction companies doing this to their customers; big changes were made in the zoning regulations, on the 17th December 2009. According to 5940 Law. The citizen who buys property from the builder, even if the builder has tax and insurance premium debts, without paying even 1 kurus, is able to get their Habitation Certificates. Nevertheless, this regulation is not known generally by either householders or local authorities (Belediye). Some citizens who know this law, when they apply to the Belediye for their Habitation, the Belediye ask for the severance document. This is the document that shows the debt has been paid to SGK (the government debt). Whereas the construction completion date is 17th December 2009 either before or after. Council Offices are not legally entitled to ask for this severance document.
When this is the situation Manzara have all the responsibility and yet they are trying to make us, the property owners pay all their debts relating to this. We have a legal right to obtain these Habitation Certificates by paying 374 TL. I didn’t want to pay 2,000 TL to Manzara as they wanted from us, because it is illegal and I have a belief in the Law and Justice and my personal conscience and sense of community will not allow this.
ON A MATTER OF PRINCIPLE, I WILL PAY THE MONEY TO DO APARTMENT MANAGER TO RESTORE GOODWILL OUR NEIGHBOURS BUT NOT DIRECTLY TO MANZARA CONSTRUCTION WHO NO LEGAL ENTITLEMENT..
